UN envoy, Amnesty denounce regime tactics

UN Special Rapporteur on freedom of opinion & expression launches scathing attack on alleged misuse of defamation laws in Thailand.

FREEDOM OF EXPRESSION & DEFAMATION LAWS

UN envoy, Amnesty denounce regime tactics

8/02/2017
Online Reporters

A pair of high-profile attacks charged that the military regime uses excessive legal action to suppress and intimidate civil society and peaceful critics.

A special 30-page report by the international human rights organization Amnesty International (AI), "Civil Society Under Attack" was officially published on Wednesday.

It can be read or downloaded from the Amnesty International website (see here & here).

"Thai authorities are waging a campaign to criminalise and punish dissent by targeting civil society and political activists who peacefully exercise their rights to freedom of expression and assembly", said the Amnesty report.

THAI LESE-MAJESTE LAWS 'INCOMPATIBLE WITH INTERNATIONAL HUMAN RIGHTS'

The report was released hours after David Kaye, a US ex- professor and now the UN Special Rapporteur on freedom of opinion and expression, held meetings on Tuesday and then launched a scathing attack on what he called misuse of laws prohibiting defamation of the monarchy.

"The lese-majeste provision of the Thai Criminal Code is incompatible with international human rights law,"  Mr Kaye said at a media briefing.

"Lese-majeste provisions have no place in a democratic country."

"I urge the authorities of Thailand to take steps to revise the country’s Criminal Code and to repeal the law that establishes a justification for criminal prosecution."

MISUSE OF LESE MAJESTE LAW

Amnesty International was equally critical of what the two foreign critics called misuse of Section 112 of the Penal Code, also known as lese majeste.

"This provision has been broadly applied to stifle discourse and discussion regarding the monarchy in Thailand", Amnesty claimed.

PEACEFUL ACTIVISTS & THEIR FAMILIES TARGETED

The 30-page special report on Thailand by Amnesty International was released Wednesday.

"It has also been applied ... in a highly arbitrary manner to target peaceful activists and their families."

The Amnesty report charged that the government had put "civil society under attack" in an effort to criminalise and punish dissent by targeting peaceful activists.

SIX OTHER LAWS USED TO INTIMIDATE DISSENTING VOICES

It cited six other laws in addition to lese majeste it claimed are misused by the regime to intimidate or punish dissidents, including sedition and criminal defamation.

But AI said three laws brought in by the junta were also abused: the Referendum Act, the Public Assembly Act and Head of NCPO Order No.3/2558, decreed in April, 2015, granting the military "repressive powers" in law enforcement.

Both foreign critics focussed on what they said was excessive effort by the junta to stifle speech and public debate.

RIGHT TO A FAIR & PUBLIC HEARING

And both singled out the refusal of the regime to back bail for dissident Jatupat Boonpatararaksa, better known as Pai Daodin.

"I am concerned about reports that the court hearing on his bail took place behind closed doors, in contradiction to the right to a fair and public hearing," Mr Kaye said.

THREAT OF PROSECUTION: CHILLING EFFECT ON CIVIL SOCIETY

But the Amnesty International report took a different tack, noting the regime was using a combination of new and old laws to intimidate.

Apart from Mr Jatupat, the Amnesty report said, "By and large, Thai authorities have not sought to continuously detain activists and others until they stand trial... The threat of prosecution has had a chilling effect on civil society activity".

PUNISHMENT BY LEGAL PROCESS: SIMPLY TO BE CHARGED IS A FORM OF PUNISHMENT

Amnesty cited a high cost simply from being charged by the junta.

"Individuals have faced mounting legal costs and have been drawn away from their work by frequent trips to distant courts and police stations," it noted.

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