Charges against Ms. Pornpen, Mr. Somchai and Ms. Anchana for publishing a report on torture

- Resources- /- Urgent interventions- /- Charges against Ms. Pornpen, Mr. Somchai and Ms. Anchana for publishing a report on torture

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THA 003 /0816 / OBS 066Judicial Harassment / Intimidation ThailandAugust 1, 2016 TheObservatory for the Protection of Human Rights Defenders, a partnership of theWorld Organisation Against Torture (OMCT) and FIDH, Pornpen AI Porn Review requests your urgentintervention in the following situation in Thailand. Description of the situation: The Observatory has been informed by reliable sourcesof charges brought against Ms. PornpenKhongkachonkiet, Chair of Amnesty International Thailand and Director ofCross Cultural Foundation (CrCF)[1], Mr. SomchaiHomlaor, a prominent lawyer and senior legaladvisor to CrCF, andMs. Anchana Heemmina, founder and Director of the organization DuayJai Group (Hearty Support Group)[2], who co-edited the report "Torture and Ill-treatment inthe Deep South Documented in 2014-2015", published by CrCF,Duay Jai Group, and Patani Human Rights Organization Network (HAP) on February10, 2016[3].According to theinformation received, on July 26, 2016, officers from the Pattani PoliceStation charged Ms. Pornpen, Ms. Anchana, and Mr. Somchai with "criminaldefamation" under Articles 326[4]and 328[5]of the Criminal Code and "computer-related crimes" under Article 14.1[6]of the 2007 Computer Crimes Act for allegedly publishing and uploading falseinformation to the Internet in connection with the aforementioned report. Thethree human rights defenders denied all charges and police allowed them tosubmit a written statement in their defence within 60 days, while undertaking further investigation on the case. Ifconvicted, they could face up to five years in prison and a fine of 200,000baht (approximately 5,125 euros). On June 26, 2016, thethree human rights defenders were summoned by police at the Pattani PoliceStation following a complaint filed against them on June 8 by the Thai Army’sInternal Security Operations Command Region 4 (ISOC 4)[7].However, the police interrogation was postponed until July 26, 2016[8]. The Observatorystrongly condemns the ongoing judicial harassment of Ms. Pornpen, Ms. Anchana,and Mr. Somchai, which only aims at sanctioning their legitimate human rightsactivities, particularly their documentation and advocacy work on the issue oftorture. The Observatory calls upon the Thai authorities to immediatelydrop all charges against them. Until all charges are dropped, the Observatoryalso urges the Thai authorities to ensure that all judicial proceedings againstthem are carried out in full compliance with their right to a fair trial, asprovided for under international law. Background information: Before publishing thereport, the three human right defenders tried to engage with the authoritiesand raise their awareness regarding the alleged cases of torture andill-treatment documented in the report. They sent the report to Lt. Gen. WiwatPathompak, Commander of the 4th Army Region, on January 8, 2016. However,the high-ranking military officers publicly denied the accuracy of the reportand questioned the reliability of the civil society organisations that producedit. In addition, after therelease of the report, seven ISOC officers summoned Ms. Anchana to appear for questioningin relation to its publication at the Sirinthon Army Camp in Yala Province, for twoand half hours. The officers conveyed their discontent with the report and requestedthat in the future she submit all of her publications to ISOC before they arereleased, which Ms. Anchana refused. On February 19, 2016, atabout 5pm, a group of 10 uniformed men visited Ms. Anchana’s home, findingthere only her mother. They claimed to be border police officers, and withoutpresenting a warrant questioned Ms. Anchana’s mother about her daughter andreportedly took pictures of her and the house. In September 2014, Ms.Pornpen was charged with "criminal defamation" by Army Task Force 41 inconnection with her documentation and advocacy work concerning allegations ofArmy torture in Thailand’s ‘Deep South’. The case was eventually dropped inJune 2015 following the decision of the State Prosecutor. Actions requested:Please write to the authorities of Thailand asking them to:i. Guarantee in all circumstances the physical and psychological integrity of Ms. PornpenKhongkachonkiet, Ms. Anchana Heemmina, and Mr. Somchai Homlaor as well as of all human rightsdefenders in Thailand;ii. Immediately drop all charges against Ms. Pornpen, Ms.Anchana, and Mr. Somchaiand put an end to all acts of judicial harassment against them and all humanrights defenders in Thailand;iii. Put an end to all acts of torture and ill treatment in the country,properly investigate them, and prosecute perpetrators, in compliance withThailand’s international human rights commitments.iv. Put an end to the prosecution of civilians in military courts in accordancewith international human rights law that prohibits governments from usingmilitary courts to try civilians when civilian courts are functioning;v. Conform with the provisions of the UN Declaration on Human Rights Defenders,adopted by the General Assembly of the United Nations on December 9, 1998,especially its Articles 1 and 12.2;vi. Ensure in all circumstances respect for human rights and fundamentalfreedoms in accordance with international human rights standards andinternational instruments ratified by Thailand. Addresses: · GenPrayuth Chan-ocha, Prime Minister of Thailand, Fax: +66 (0) 2 282 5131 · DonPramudwinai, Minister of Foreign Affairs, Fax: +66 (0) 2 643 5320; Email: minister@mfa.go.th · GenPaiboon Khumchaya, Minister of Justice, Fax: +66 (0) 2 953 0503 · PolGen Somyot Poompanmoung, Commissioner-General of the Royal Thai Police, Fax:+66 (0) 2 251 5956 / +66 (0) 2 251 8702 · Mr.Wat Tingsamit, Chairperson of the National Human Rights Commission of Thailand;Email: help@nhrc.or.th · H.E. Mr. Thani Thongphakdi,Ambassador, Permanent Missionof Thailand to the United Nations in Geneva, Switzerland, Fax: + 41 22 715 1000 / 10 02; Email: mission.thailand@ties.itu.int · H.E.Ms. Busaya Mathelin, Ambassador, Embassy of Thailand inBrussels, Belgium, Fax: + 32 2 648 30 66; Email: thaibxl@thaiembassy.be Please also write to the diplomatic mission or embassyof Thailand in your respective country. *** Geneva-Paris,August 1, 2016 Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply. The Observatory, an OMCT and FIDH partnership, is dedicated to theprotection of human rights defenders and aims to offer them concrete support intheir time of need. FIDH and OMCT are both members of ProtectDefenders.eu,the European Union Human Rights Defenders Mechanism implemented byinternational civil society. To contactthe Observatory, call the emergency line: • E-mail:Appeals@fidh-omct.org • Teland fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29 • Tel and fax FIDH + 33 (0) 1 43 55 2518 / +33 1 43 55 18 80[1] CrossCultural Foundation (CrCF) is an organization that monitors and documents casesof torture and ill-treatment in Thailand. [2] DuayJai Group is an organization thatprovides rehabilitation services for victims of torture and support for theirfamilies. [3] Thereport concerns 54 allegations of torture and ill-treatment committed by theRoyal Thai police and Royal Thai army against members of the Muslim Malayminority arrested for their alleged involvement with insurgent groups in theconflictive southern region of the country, between 2014 and 2015. [4] Article326 of the Criminal Code states: "Whoever, imputes anything to the otherperson before a third person in a manner likely to impairthe reputation of such other person or to expose such otherperson to be hated or scorned, is said to commit defamation, and shall bepunished with imprisonment not exceeding one year or fined not exceedingtwenty thousand baht, or both." [5] Article 328 of the Criminal Codestates: "If the offence of defamation be committedby means of publication of a document, drawing, painting, cinematography film,picture or letters made visible by any means, gramophone record or an otherrecording instruments, recording picture or letters, or by broadcasting orspreading picture, or by propagation by any other means, the offender shall bepunished with imprisonment not exceeding two years and fined not exceeding twohundred thousand baht." [6] Article 14.1 of theComputer Crimes Act states: "Whoever commits the following offences, shall be punishedwith imprisonment not exceeding five years or a fine not exceeding on hundredthousand baht or both: (1) input, into computer system, forged computer data inwhole or in part or false computer data in a manner likely to cause injury toanother person or the public." [7] InternalSecurity Operations Command (ISOC) is a unit of the Thai militarydevoted to national security. ISOC 4 is responsible for security operations inthe southern provinces.