Former senators, human rights and election commissioners pointed out that the laws regulating campaigns on the referendum to pass junta-sponsored draft constitution is ironically against the junta’s Interim Charter.
Jon Ungpakorn, a former senator and current director of iLaw, a human rights advocacy group, Kraisak Choonhavan, former senator, and Niran Pitakwatchara, former member of the National Human Rights Commission (NHRC), on Tuesday, 10 May 2016, submitted a letter to Raksagecha Chaechai, Secretary-General of the Ombudsman Office of Thailand.
There are 107 signatories in the letter, which include the persons mentioned earlier, the former Election Commissioner, Kotom Areeya, Yaowalak Anupan, Director of the Thai Lawyers for Human Rights (TLHR), Ekachai Chainuwat, law academic from Siam University, and many other human rights activists and academics.
The letter urges the Ombudsman Office to urgently review the Public Referendum Act and sent the case to the Constitutional Court, saying that Article 61 of the Draft Referendum Act contradicts with the 2014 Interim Charter, which was imposed by the junta themselves after the 2014 coup d’état.
Article 61 of the Referendum Act imposes a prison term of up to 10 years, a fine of up to 200,000 baht and loss of electoral rights for five years on anyone who publishes or distributes content about the draft constitution which deviates from the facts, contains rude and violent language, or threateningly discourages voters from participating in the referendum.
According to Niran, former NHRC member, such law is contradictory to Section 4 of the 2014 Interim Charter which stipulates that that Thai citizens are entitled to enjoy human rights as stated in the International Covenant on Civil and Political Rights (ICCPR).
Jon pointed out that with the enactment of such law even though the draft constitution written by the junta-appointed Constitution Drafting Committee (CDC) pass through the public referendum, it will not be legitimate as people are not given the rights to criticise the draft.
Ekachai, the law lecturer, told media that even law experts are fearful of the current Draft Referendum Act as it is written ambiguously and laid out the penalty of over10 years imprisonment for the draft critics.
As the future constitution shall belong to everybody, people should be given the rights and liberties to criticise it, said Ekachai.
In response to the statement of the group, the Secretary-General of the Ombudsman Office, said that the Ombudsman Office will consider whether the demands to amend the Draft Referendum Act from the group will be further submitted to the Constitutional Court for consideration.
Somchai Srisuthiyakorn, Election Commissioner of Thailand, last week announced that certain political groups might be charged under the Draft Referendum Act for selling t-shirts with images or texts about the referendum on the draft constitution.
From the reports, those selling the 300 baht t-shirts are persuading people to vote in a certain way. Therefore, such actions might be illegal under Article 5 and Article 61 of the Public Referendum Act, said Somchai.
In late April, Jiraphan Tanmani, President of the Rathawatanamani Fund -- an organization raising funds to promote autism rights -- was arrested for publishing content that was alleged to be severe, aggressive and rude with the intention of persuading the public to accept or not accept the draft charter in the August referendum.
She was arrested under Article 61 of the Referendum Act only eight hours after Somchai filed the complaint on the case.
Jon Ungpakorn hands the letter to Raksagecha Chaechai, Secretary-General of the Ombudsman Office of Thailand on 10 May 2016