UN special rapporteurs have sent a letter to the Thai government, expressing grave concerns over the use of Article 112 or the lèse majesté law.
The letter, sent to the Thai government on 8 December 2014, named 21 suspects or defendants or convicts under the lèse majesté law and Article 14 of the Computer Crime Act.
The 21 are:
- Khantawut B,
- Tanat Thanawatcharanon, aka Tom Dundee,
- Siraphob K,
- Nat R.,
- Tanet N.
- Patiwat Saraiyaem,
- Porntip Munkhong,
- Prasit Chaisrisa,
- Katha P.,
- Akaradech E.,
- Somyos Prueksakasemsuk,
- Apichat P.,
- Sombat Boonngam-anong,
- Krissada S.,
- Saran Chuichai, aka Aum Neko,
- Assawin E. B.,
- Ekapop Luara,
- Wuthipong K.,
- Chatwadee Amornpat,
- Plutnarin T.,
- Yutthasak K..
Four cases, Nat, Siraphop, Thanat and Kanthawut, are under the jurisdiction of the military court.
The UN experts said they have grave concern about the charges, detention and disproportionate sentences, including long-term prison sentences and the intention to revoke national passports and on the chilling effect these legal provisions have on the exercise of freedom of expression in Thailand.
“In particular, we are concerned that these laws are used to muzzle dissenting opinions and expressions of discontent with the Government or the King, even more so since the military coup d’état of 22 May 2014,” stated the letter.
The experts also have “grave concern” about the trial of the four cases tried by military courts.
“We are particularly concerned by the NCPO’s announcement on 25 May 2014 according to which all lèse-majesté-related cases committed after that date fall under the jurisdiction of military courts, including when information shared and opinions expressed were done so before that date, but are still available through the Internet,” stated the letter.
The letter also expressed disagreement with one of the Thai government’s responses, which justified Article 112 by referring to the decision of the Constitutional Court reaffirming the constitutionality of Article 112 and establishing that this provision is “vital to the country’s national security”.
“We disagree with this interpretation and reiterate our concerns about the inconformity of Article 112 of the Criminal Code and Article 14 of the Computer Crime Act with Thailand’s international human rights obligations,” the experts stated.
The UN Human Rights Council made the letter public on 2 June 2015.