The
Observatory has been informed about the arbitrary detention, judicial
harassment and physical attacks against pro-democracy youth activists
Ms Tantawan
'Tawan' Tuatulanon
and Mr Nutanon
'Frank' Chaimahabut,
as well as the threats against Thai Lawyers for Human Rights (TLHR),
a member organisation of FIDH. Tantawan
Tuatulanon is a
pro-democracy student activist associated with pro-democracy groups
Draconis Revolution and Thalu Wang (Shattering
the Palace)1
who has advocated for the abolition of Article 112 of the Thai
Criminal Code (“lèse-majesté”) and the reform of the Thai
monarchy. As a former We Volunteer2
member, Nutanon Chaimahabut helped ensure safety of participants
during many pro-democracy protests.
On
February 13, 2024, Tantawan Tuatulanon and Nutanon Chaimahabut were
arrested by the police in front of the Bangkok Criminal Court and
brought to the Din Daeng police station in Bangkok for questioning in
connection with their protest during the blockade of road traffic for
the passage of a royal motorcade
on February 4, 2024.
Tantawan Tuatulanon faces charges under Articles 116 (sedition), 368
(failure to comply with official’s order), and 397 (public
nuisance) of the Thai Criminal Code, as well as Article 14(3) of the
Computer Crimes Act B.E. 2550 (2007). Nutanon Chaimahabut faces the
same charges as Tantawan Tuatulanon, with additional charges under
Article 136 (insulting an official) of the Criminal Code and Article
14 (excessive use of vehicle’s sound signal) of the Land Traffic
Act B.E. 2522 (1979).
On
February 14, 2024, the Bangkok Criminal Court approved the detention
request by the police for 12 days at the investigative stage —
until February 25, 2024. TLHR, which represents the two activists,
submitted bail requests, which were denied by the Court. If
convicted, Tantawan Tuatulanon could face up to seven years, one
month, and 10 days in prison while Nutanon Chaimahabut could face up
to eight years, one month, and 10 days in prison. At the time of
publication of this Urgent Appeal, Tantawan Tuatulanon was detained
at the Central Women's Correctional Institution, and Nutanon
Chaimahabut was detained at the Bangkok Remand Prison.
On
the same day, at approximately 2:30pm, TLHR received a call from an
unidentified man who asked for the contacts of the lawyers who
represented Tantawan Tuatulanon and Nutanon Chaimahabut. When TLHR
staff did not provide the information, the man said he and his group
would raid TLHR office using weapons.
On
February 15, 2024, at approximately 1:00pm, an unidentified man drove
his car to the TLHR office gate in Bangkok, insisted on being allowed
into the office premises, and asked for “documents” and the names
of TLHR staff.
On
February 16, 2024, a TLHR lawyer filed a complaint to the Sutthisan
police station in Bangkok concerning the above-mentioned threats.
The
accusations against Tantawan Tuatulanon and Nutanon Chaimahabut stem
from their protest on February 4, 2024, when their car was stopped
for the motorcade of Princess Maha Chakri Sirindhorn, the sister of
King Maha Vajiralongkorn, on an expressway in Bangkok. Tantawan
Tuatulanon did a live broadcast on her Facebook account showing their
honking and ensuing altercation with police officers who were
blocking traffic to make way for the motorcade. Following the
incident, the police filed a complaint against the two activists for
“causing a public disturbance,” a misdemeanor under Article 397
of the Criminal Code.
On
February 10, 2024, Tantawan Tuatulanon and a small group of other
activists from Thalu Wang gathered at the Siam Bangkok Mass Transit
System (BTS) station in Pathumwan District, central Bangkok, to read
a statement about the February 4 incident and conduct a public
opinion poll about royal motorcades. The peaceful activists were
physically attacked by members of ultra-royalist groups. Ten
activists, two citizen journalists, and another person observing the
gathering were injured in the attack. The activists subsequently
filed complaints with the Pathumwan police against their attackers.
On
February 11, 2024, in a Facebook post, Tantawan Tuatulanon apologised
for the February 4 disturbance, and denied that she tried to
interfere with the royal motorcade.
The
Observatory recalls that Tantawan Tuatulanon has already been charged
with various criminal offenses, including violating Article 112 of
the Thai Criminal Code in connection with two cases: a public opinion
poll about royal motorcades, which she conducted at Siam Paragon in
central Bangkok on February 8, 2022; and a live Facebook broadcast
allegedly critical of the King along the planned route of a royal
motorcade in Bangkok on March 5, 2022. She was detained
several times in relation to these cases before being released on
bail. Prosecution in both cases is ongoing.
The
Observatory further recalls that Nutanon Chaimahabut experienced a
violent
arrest
by the authorities on August 7, 2021, while he attended a protest at
Bangkok’s Democracy Monument.
The
Observatory notes with concern that between November 24, 2020, and
February 19,
2024, 264 people, including many human rights defenders and 20
minors, were charged under Article 112 of the Criminal Code. Thirteen
of them are currently detained pending trial, and seven more serving
prison sentences. Two individuals are detained at a youth detention
center under Article 112 for acts allegedly committed when they were
minors.
The
Observatory strongly condemns the arbitrary detention and judicial
harassment of Tantawan Tuatulanon and Nutanon Chaimahabut, which seem
to be only aimed at punishing them for their legitimate exercise of
their rights to freedom of expression.
The
Observatory calls on the Thai authorities to immediately and
unconditionally release them and all other arbitrarily detained human
rights defenders in the country and to put an end to the judicial
harassment against them.
The
Observatory further condemns the threats and acts intimidation
against TLHR, which seem to be only aimed at preventing the
organisation and its members from carrying out their legitimate work
as lawyers.
The
Observatory calls on the Thai authorities to take all necessary
measures to guarantee in all circumstance the safety of TLHR’s
staff and to carry out an independent investigation into the
above-mentioned threats.
1Draconis
Revolution and Thalu Wang are both pro-democracy groups that were
formed in early 2022. Draconis Revolution is mostly active through
social media, sharing news and summarising events relating to the
pro-democracy movement and its rallies. Since late January 2022, the
Thalu Wang group has been conducting public opinion polls at various
locations in Bangkok on whether and how the Thai monarchy affects
people’s lives and whether its reform is needed. Tantawan
Tuatulanon participated in many of these events, and has been
largely associated with these opinion polls.
2Founded
in 2020, We Volunteer, or WeVo, is a group of volunteers whose
objective is to ensure the safety of protesters and maintain order
at public assemblies using peaceful means.
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