The Thai authorities should drop all charges against human rights defender and web forum moderator Chiranuch Premchaiporn, whose trial continues this week, Amnesty International said today.
Chiranuch, the Executive Director of the online newspaper and web forum Prachatai (“Thai People”), has been accused of not removing quickly enough from the web forum a user’s comments deemed offensive to Thailand’s monarchy—a criminal offense under Thai law.
“Chiranuch should not be in the dock,” said Benjamin Zawacki, Amnesty International’s Thailand specialist. “The comments for which she is being held responsible should not be prohibited in the first place—much less when they are posted by someone else.”
She has been charged under Articles 14 and 15 of the Computer-related Crimes Act of 2007, which covers the liability of online intermediaries, including internet service providers (ISPs) and website moderators. The articles relate to supporting or consenting to an offence implicating Thailand’s national security within a computer system under one’s control.
“Chiranuch’s arrest and trial reveal how far the Thai government is willing to go toward silencing unpopular or dissident views,” said Benjamin Zawacki.
Arrested and charged in March and April 2009 for comments posted on Prachatai between April and August 2008, Chiranuch is accused of 10 different violations, each of which carries a maximum penalty of five years in prison. Prachatai estimates that in 2008, 2,500 new comments were posted each day on the site, with Chiranuch as the sole full-time moderator.
The comments in question remained on the board for between one and 20 days. The person who allegedly posted the comments was acquitted last month in a case against her.
“Chiranuch’s case is significant because it threatens to ‘shoot the messenger’ in addition to criminalizing the message,” said Benjamin Zawacki. “But it’s also just the latest in a series of attacks on freedom of expression in Thailand in recent years.”
The Ministry of Information, Communication, and Technology (MICT) announced in June 2010 that it had blocked access in Thailand to 43,908 websites on grounds that they violated the lèse majesté law and national security. A month later, Prachatai itself suspended its web forum due to concerted pressure and censorship by the government. At least five additional cases were brought in 2010 under the Computer-related Crimes Act, bringing the total to 15 since 2007.
Amnesty International has said that if Chiranuch is convicted and imprisoned, she will be a prisoner of conscience, jailed merely for exercising her “freedom to seek, receive and impart information and ideas of all kind”, as guaranteed by the International Covenant on Civil and Political Rights.
“As Thailand has taken upon itself to respect this Covenant and this right, ‘national security’ and lèse majesté cannot be used as excuses for violating this right and keeping peaceful critics silent,” said Benjamin Zawacki.
Background
Chiranuch Premchaiporn is the Executive Director and co-founder of Prachatai. She is also a founding member of Thai Netizen Network (TNN), a group of media activists, internet users, bloggers, and IT academics who monitor violations of freedom of expression on the internet as a result of the Computer-related Crimes Act. Chiranuch’s trial began on 4 February and is scheduled to conclude on 17 February.
In addition to this case, Chiranuch was arrested on 24 September 2010, and likewise charged under the 2007 Computer-related Crimes Act, as well as the lèse majesté law, for comments previously posted on Prachatai. The trial hearings on those charges have not yet begun, and she is currently free on bail.
Prachatai (“Thai People”) is an online newspaper and web forum founded in 2004 by Jon Ungpakorn, a Thai Magsaysay Award laureate. Set up in response to the curtailment of the mainstream media under the administration of then Prime Minister Thaksin Shinawatra, it has continued operating since the coup d’état which deposed him in September 2006. While its web forum remains suspended, Prachatai is still a source of news and commentary on social, political, and human rights issues in Thailand.
Via: http://www.prachatai3.info/english/node/2303
Showing posts with label statement. Show all posts
Showing posts with label statement. Show all posts
Thursday, February 10, 2011
Friday, February 4, 2011
Thai Netizen: The Trial on the Case Study of Internet & Intermediary Liability in Thailand
On October 17, 2010 Thai Netizen Network issued a statement calling for the amendment of Computer-related Crime Act 2007 (CCA), since before the CCA was enacted, Thai Netizen Network already began calling for an amendment to this law, as we saw that the enforcement of this law would result in depriving people’s right to freedom of expression, which is fundamental for democracy. Furthermore, this law contradicts the characteristics of the Internet in many aspects, thereby allowing abusive enforcement. However, the government has never realised and taken this issue seriously to amend this freedom-infringing law.
In addition, amidst crucial political conflicts in the past three years, we found that the Act especially its most problematic Article 14 and Article 15 has been used to attack political dissidents. One clear example is the arrests and charges against Chiranuch Premchaiporn, director of Prachatai online newspaper (http://www.prachatai.com/english), in two separate incidents.
In the first case, the police charged Chiranuch for an offence according to Article 15 of the Computer-Related Crime Act: intentionally support or consent to an offence under Article 14, allegedly committed by an Internet user. The offence in this case is the posting on Prachatai webboard a piece of text that the authority deemed to be defaming, insulting, or threatening the King, the Queen, the Heir-apparent, or the Regent.
Nevertheless, that webboard post was removed for several months before the arrest. It was removed right after Chiranuch received a summons from the Crime Suppression Division asking for information of the post author. This shows her intention not to support any content of that post. Moreover, the period of 20 days, for which the topic was present, that the police claimed as proof of “intentional support,” does not appear in any part of the law. It was just a number cited in the arrest report.
Thai Netizen Network observes that the cases of Chiranuch point to several defects in Article 15 of the Computer-Related Crime Act 2007 as follows:
1. Burden of Conduits
Article 15 sees a service provider or an “intermediary” as an editor of a newspaper who has both responsibility and ability to screen all the contents before publishing. However, one crucial characteristic that renders the Internet as useful as it is nowadays is that information flows rapidly. An intermediary is therefore “mere conduit”. If Thai authorities hold intermediaries liable for all information and content passing through them, intermediaries must have the capacity to filter everything. Even with normal speed and amount of information, this task is already hard to achieve without tampering with proper functioning of the computer system and the Internet.
2. An Intermediary as A Scapegoat
In cases involving intermediaries like the Prachatai and Chiranuch’s, so far only one post author has been arrested and taken to the court, and that case was acquitted by Criminal Court on January 31, 2010 based on the ground that the plaintiff was not able to prove if the defendant was really the one that posted those comments. Also in the case of this post author, Prachatai has cooperated in every way according to the law. Therefore, the authorities should not try to hold intermediaries liable if they have cooperated but the actual offender cannot be found.
Thai Neizen Network sees that in countries where Internet law takes the public’s right to freedom of expression seriously, there are clear rules that are based on “safe harbour” principle. Because intermediaries act as a “space” that normally has no knowledge of potential offences, this principle exists to protect them from unnecessary legal liability.
Nevertheless, this principle does not grant intermediaries excessive freedom. Authorities can always notify websites for offensive content and request a court warrant to force a removal (following notice-and-take-down procedures). Yet the process must allow for sufficient response time for each step. In other words, the law assumes intermediaries to be innocent by default.
Therefore, the cases of Prachatai and Chiranuch, as the defender for Internet freedom, have gained prominent attention from the global movement which concerned on the cybe- liberty. Chiranuch’s case is not only important to set a precedent for Internet regulation in Thailand under the application of CCA but also to the international standard as well as the status of Internet freedom in Thailand which also affects to the trending situation in Southeast Asian countries as well.
In regard of the trial on Chiranuch’s case which begins in February 4, 2011, Thai Netizen Network will join with other human rights and media freedom organizations to observe, follow up and report on the testimonies.
The criminal court will conduct the witness hearings on the case of Ms. Chiranuch Premchaiporn from 4 to 17 February 2011. Ms. Chiranuch will appear as the defendant, while the Office of the Special Attorney on Criminal Case 8 which is under Office of the Attorney-General will appear as the prosecutor. This case deals with the penalty related to the intermediary under the Section 15 of the Computer Crime Act which is related to supporting or consenting to an offence related to national security within a computer system under the intermediary’s control.
Background:
The police charged Chiranuch for an offence according to Article 15 of the Computer-Related Crime Act: intentionally support or consent to an offence under Article 14, allegedly committed by an Internet user. The offence in this case is the posting on Prachatai webboard a piece of text that the authority deemed related to the national security.
The Crime Suppression Division later submitted the charges against Chiranuch to the Office of Attorney-General. And the prosecutors finally laid out a case on 31 March 2010.
Via: http://thainetizen.org/chiranuch-trials-en
In addition, amidst crucial political conflicts in the past three years, we found that the Act especially its most problematic Article 14 and Article 15 has been used to attack political dissidents. One clear example is the arrests and charges against Chiranuch Premchaiporn, director of Prachatai online newspaper (http://www.prachatai.com/english), in two separate incidents.
In the first case, the police charged Chiranuch for an offence according to Article 15 of the Computer-Related Crime Act: intentionally support or consent to an offence under Article 14, allegedly committed by an Internet user. The offence in this case is the posting on Prachatai webboard a piece of text that the authority deemed to be defaming, insulting, or threatening the King, the Queen, the Heir-apparent, or the Regent.
Nevertheless, that webboard post was removed for several months before the arrest. It was removed right after Chiranuch received a summons from the Crime Suppression Division asking for information of the post author. This shows her intention not to support any content of that post. Moreover, the period of 20 days, for which the topic was present, that the police claimed as proof of “intentional support,” does not appear in any part of the law. It was just a number cited in the arrest report.
Thai Netizen Network observes that the cases of Chiranuch point to several defects in Article 15 of the Computer-Related Crime Act 2007 as follows:
1. Burden of Conduits
Article 15 sees a service provider or an “intermediary” as an editor of a newspaper who has both responsibility and ability to screen all the contents before publishing. However, one crucial characteristic that renders the Internet as useful as it is nowadays is that information flows rapidly. An intermediary is therefore “mere conduit”. If Thai authorities hold intermediaries liable for all information and content passing through them, intermediaries must have the capacity to filter everything. Even with normal speed and amount of information, this task is already hard to achieve without tampering with proper functioning of the computer system and the Internet.
2. An Intermediary as A Scapegoat
In cases involving intermediaries like the Prachatai and Chiranuch’s, so far only one post author has been arrested and taken to the court, and that case was acquitted by Criminal Court on January 31, 2010 based on the ground that the plaintiff was not able to prove if the defendant was really the one that posted those comments. Also in the case of this post author, Prachatai has cooperated in every way according to the law. Therefore, the authorities should not try to hold intermediaries liable if they have cooperated but the actual offender cannot be found.
Thai Neizen Network sees that in countries where Internet law takes the public’s right to freedom of expression seriously, there are clear rules that are based on “safe harbour” principle. Because intermediaries act as a “space” that normally has no knowledge of potential offences, this principle exists to protect them from unnecessary legal liability.
Nevertheless, this principle does not grant intermediaries excessive freedom. Authorities can always notify websites for offensive content and request a court warrant to force a removal (following notice-and-take-down procedures). Yet the process must allow for sufficient response time for each step. In other words, the law assumes intermediaries to be innocent by default.
Therefore, the cases of Prachatai and Chiranuch, as the defender for Internet freedom, have gained prominent attention from the global movement which concerned on the cybe- liberty. Chiranuch’s case is not only important to set a precedent for Internet regulation in Thailand under the application of CCA but also to the international standard as well as the status of Internet freedom in Thailand which also affects to the trending situation in Southeast Asian countries as well.
In regard of the trial on Chiranuch’s case which begins in February 4, 2011, Thai Netizen Network will join with other human rights and media freedom organizations to observe, follow up and report on the testimonies.
The criminal court will conduct the witness hearings on the case of Ms. Chiranuch Premchaiporn from 4 to 17 February 2011. Ms. Chiranuch will appear as the defendant, while the Office of the Special Attorney on Criminal Case 8 which is under Office of the Attorney-General will appear as the prosecutor. This case deals with the penalty related to the intermediary under the Section 15 of the Computer Crime Act which is related to supporting or consenting to an offence related to national security within a computer system under the intermediary’s control.
The Criminal Court is scheduled to hear the witnesses of the case on the following dates:Simultaneous translation is available in the court room for foreign journalists and trial observers upon request (Please contact Thaweeporn at the phone number below).
Plaintiff's witnesses February 4, 8, 9, 10 9.00- 12.30 and 13.30 - 16.00
Defendant's witnesses February 11, 15, 16, 17 9.00- 12.30 and 13.30 - 16.00
Place: Criminal Court on Ratchadapisek Road
Background:
The police charged Chiranuch for an offence according to Article 15 of the Computer-Related Crime Act: intentionally support or consent to an offence under Article 14, allegedly committed by an Internet user. The offence in this case is the posting on Prachatai webboard a piece of text that the authority deemed related to the national security.
The Crime Suppression Division later submitted the charges against Chiranuch to the Office of Attorney-General. And the prosecutors finally laid out a case on 31 March 2010.
Via: http://thainetizen.org/chiranuch-trials-en
Thursday, September 30, 2010
AHRC's campaign on Chiranuch's case
Asian Human Rights Commission
The Asian Human Rights Commission (AHRC) has learned that Ms. Chiranuch Premchaiporn, director of Prachatai online newspaper, was detained by the immigration police at Suvarnabhumi Airport, in Samutprakarn province near Bangkok, and transferred to Khon Kaen police station, in northeastern Thailand. She has been charged with violating the Computer Crimes Act BE.2550 (2007) and Articles 112 and 116 of the Criminal Code BE.2499 (1956) (section of the code relating to lesè majesté).
CASE NARRATIVE:
On the afternoon of 24 September, 2010, Ms. Chiranuch Premchaiporn, director of Prachatai online newspaper, was detained by the immigration police at Suvarnabhumi Airport. Ms. Chiranuch was on her way back from the 'Internet at Freedom 2010' conference in Hungary, sponsored by Google and the Central European University. After being detained by the immigration police, she learned that there were charges pending against her in Khon Kaen province, a province in the northeastern part of Thailand, and that the Khon Kaen police had a warrant for her arrest. She was driven by car to Khon Kaen, and then interrogated and formally charged by the police.
Ms. Chiranuch has been accused of violating Articles 14 and 15 of the Computer Crimes Act BE.2550 (2007) and Articles 112 and 116 of the Criminal Code BE.2499 (1956). She was informed that her case was reported to the Khon Kaen police station in 2009 regarding the lack of removal of 5 comments with alleged lesè majesté content. The comments were posted in response to an interview with Mr. Chotisak Onsoong, who has been charged with lesè majesté for not standing when the royal anthem was played before a movie was screened.
Shortly after 12 a.m. on 25 September 2010, Ms. Chiranuch was released on bail of 200,000 baht (6,525 USD). She will have to present herself again to the Khon Kaen police station on 24 October 2010.
The detention, arrest, and charging of Ms. Chiranuch Premchaiporn raise a number of questions about the current state of freedom expression, human rights and rule of law in Thailand. In this case, the arrest warrant was issued on 8 September 2010, but not executed until 24 September 2010. Ms. Chiranuch herself did not learn of the charges against her until she reached Khon Kaen. Ms. Chiranuch was informed by Pol.Lt.Col. Chachapong Pongsuwan, one of the officers who arrested her at Suvarnibhumi Airport that she had not been told about the charges in advance because the case against her was "a serious matter." The withholding of information signals the growing climate of fear for dissent in Thailand, in which one does not know that one has crossed a line until one is face-to-face with the police.
ADDITIONAL INFORMATION:
In addition to this new case, Ms. Chiranuch Premchaiporn faces other changes as well. She was first formally charged with violating Article 14 of the 2007 Computer Crimes Act and with violating Articles 112 and 116 of the Criminal Code in March 2009. In March 2009, the police raided the Prachatai office and arrested her. By April 2009, she had been charged with 10 counts of alleged violations. In each of these 10 instances, comments with alleged lesè majesté content were made on the Prachatai webboard. Ms. Chiranuch removed the comments, but her accusers have claimed that she did not do so quickly enough. If convicted, Ms. Chiranuch Premchaiporn is facing up to 50 years in prison for 10 counts of alleged violations of the 2007 Computer Crimes Act and the Criminal Code; each violation carries a sentence of five years. The case trial will begin in February 2011. The first set of charges against her were unjust; the addition of the recent charges seems excessive.
As Thailand attempts to undergo a process of national reconciliation in the aftermath of the violence of April and May 2010, this latest constriction of speech and threat to human rights is of particular concern. Without the free and unobstructed flow of information, neither human rights nor the rule of law can be strengthened in Thailand. Without respect for human rights and the rule of law, the process of national reconciliation will also fall short of fostering accountability for violence.
ADDITIONAL COMMENTS:
The Asian Human Rights Commission (AHRC) calls on all parties to closely follow Ms. Chiranuch’s case and to demand that the charges be dropped against her and all of those being held or investigated in relation to either Articles 14 and 15 the 2007 Computer Crimes Act or Articles 112 and 116 of the Criminal Code. The cases against her, in which she is being accused of crimes for not removing webboard comments with alleged lesè majesté content made by others quickly enough from the Prachatai webboard, represent a grave and sinister threat to what remains of free speech in Thailand. Free speech is a crucial aspect of the protection of human rights. Without the free and unobstructed flow of dissent and information, citizens cannot monitor and criticize their governments, and cannot disseminate information about the violation of the human rights of their fellow citizens.
For further information, see recent AHRC statements on the raid of independent news outlet Prachatai and the arrest of Ms. Chiranuch Premchaiporn (AHRC-STM-051-2009, AHRC-STM-054-2009), on lesè majesté and the Computer Crimes Act (AHRC-FPR-024-2009, AHRC-STM-028-2009, AHRC-STM-229-2009), and a statement of the Asian Legal Resource Centre to the UN Human Rights Council on the resurrection of the internal-security state in Thailand (ALRC-CWS-10-04-2009) and on wide-ranging restrictions on freedoms of expression (ALRC-CWS-14-06-2010). Also see the AHRC press release about how the shutdown of the Prachatai webboard indicates the shutdown of free speech in Thailand (AHRC-PRL-014-2010) (Also see a recent column on UPI Asia on the 2007 Computer Crimes Act. )
For further information on human rights issues in Thailand, see the 2008 country report of the AHRC and the AHRC Annual Report, The State of Human Rights in Ten Asian Nations 2009, especially pages 306 – 308.
For further information on charges, see Articles 14 and 15 of the Computer Crimes Act BE.2550 (2007) and Articles 112 and 116 of the Criminal Code BE.2499 (1956).
SUGGESTED ACTION:
Please write letters to the authorities listed below asking for the immediate withdrawal of the charges against Ms. Chiranuch Premchaiporn and the dropping of charges against all those being held or investigated in connection to either the 2007 Computer Crimes Act or Articles 112 and 116 of the Criminal Code.
To support this appeal, please click here:
SAMPLE LETTER:
Dear ___________,
THAILAND: Grave threat to freedom of expression and human rights in Thailand
Name of arrested person: Ms. Chiranuch Premchaiporn
Charges: Articles 14 and 15 of the 2007 Computer Crimes Act and Articles 112 and 116 of the Criminal Code
Charged by: Khon Kaen Police
Place: Suvarnabhumi Airport in Samut Prakarn province and Khon Kaen province
Date of incident: 24 September 2010.
I am writing to voice my strong objection to the charges made on 24 September 2010 against Ms. Chiranuch Premchaiporn, director of Prachatai online newspaper. She was detained in the afternoon by the immigration police at Suvarnabhumi Airport when she was coming back from a seminar at Hungary. The immigration police informed her that there was a warrant for her arrest at the Khon Kaen police station. She was transferred to the Khon Kaen police station in the evening. The Khon Kaen investigation police charged her under the 2007 Computer Crimes Act and the Criminal Code. She was informed that someone reported to the police in 2009 that there were comments posted in response to an interview with Mr. Chotisak Onsoong with alleged lesè majesté content and she did not remove them from Prachatai website. She has denied these charges and was released on bail of 200,000 baht at midnight on the evening of 24 September.
This action is in direct contravention of the freedom of expression as set out in section 45 of the 2007 Constitution of Thailand and article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a party.
I ask that you withdraw the charges against Ms. Chiranuch Premchaiporn without delay, since it violates national and international laws on freedom of expression. In addition, I ask that you drop all charges against others being held or investigated in relation to either the 2007 Computer Crimes Act or Articles 112 and 116 of the Criminal Code.
In making your decision, you need to consider Thailand's international obligations under the ICCPR. In this respect, I wish to remind you of an important section of the concluding observations of the UN Human Rights Committee to the report of Thailand in 2005:
"The Committee is concerned about reports of intimidation and harassment against local and foreign journalists and media personnel as well as of defamation suits against them, originating at the highest political level... The State party should take adequate measures to prevent further erosion of freedom of expression, in particular, threats to and harassment of media personnel and journalists, and ensure that such cases are investigated promptly and that suitable action is taken against those responsible, regardless of rank or status." (CCPR/CO/84/THA, 28 July 2005, para. 18).
I trust that you will take care to recall these recommendations before proceeding with this unnecessary and deeply problematic action. I further urge that the existing civil defamation law be reviewed to bring it into line with international standards. Until these changes take place, the people of Thailand will not feel free to speak, broadcast or publish their comments without fear of prosecution.
As Thailand attempts to undergo a process of national reconciliation in the aftermath of th
e violence of April and May 2010, this latest constriction of speech and threat to human rights is of particular concern. Without the free and unobstructed flow of information, neither human rights nor the rule of law can be strengthened in Thailand. Without respect for human rights and the rule of law, the process of national reconciliation will also fall short of fostering accountability for violence.
Yours sincerely,
---------------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Abhisit Vejjajiva
Prime Minister
c/o Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Fax: +66 2 288 4000 ext. 4025
Tel: +66 2 288 4000
E-mail: spokesman@thaigov.go.th or abhisit@abhisit.org
2. Mr. Chaowarat Chanweerakul
Minister of Interior
Office of the Ministry of Interior
Atsadang Road, Ratchabophit
Pranakorn, Bangkok 10200
THAILAND
Fax: +66 2 226 4371/ 222 8866
Tel: +66 2 224 6320/ 6341
E-mail: om@moi.go.th
3. Mr. Peeraphan Saleeratwipak
Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor Software Park Building,
Chaeng Wattana Road
Pakkred, Nonthaburi 11120
THAILAND
Fax: +662 502 6734 / 6884
Tel: +662 502 6776/ 8223
E-mail: om@moj.go.th
4. Mr. Kasit Piromya
Minister of Foreign Affairs
Office of the Minister of Foreign Affair
443 Sri Ayudhya Road
Bangkok 10400
THAILAND
Fax: +662 643 5318
Tel: +662 643 5333
E-mail: om@mof.go.th
5. Mr. Jullasingha Wasantasingha
Attorney General
Office of the Attorney General
Lukmuang Building, Nahuppei Road
Prabraromrachawang, Pranakorn,
Bangkok 10200
THAILAND
Fax: +662 224 0162/ 1448/ 221 0858
Tel: +662 224 1563/ 222 8121-30
E-mail: ag@ago.go.th or oag@ago.go.th
6. Pol.Gen. Wichean Potephosree
Royal Thai Police
1st Bldg, 7th Floor
Rama I, Patumwan
Bkk 10330
THAILAND
Fax: +66 2 251 5956/ 205 3738/ 255 1975-8
E-mail: feedback@police.go.th
Via: Prachatai
The Asian Human Rights Commission (AHRC) has learned that Ms. Chiranuch Premchaiporn, director of Prachatai online newspaper, was detained by the immigration police at Suvarnabhumi Airport, in Samutprakarn province near Bangkok, and transferred to Khon Kaen police station, in northeastern Thailand. She has been charged with violating the Computer Crimes Act BE.2550 (2007) and Articles 112 and 116 of the Criminal Code BE.2499 (1956) (section of the code relating to lesè majesté).
CASE NARRATIVE:
On the afternoon of 24 September, 2010, Ms. Chiranuch Premchaiporn, director of Prachatai online newspaper, was detained by the immigration police at Suvarnabhumi Airport. Ms. Chiranuch was on her way back from the 'Internet at Freedom 2010' conference in Hungary, sponsored by Google and the Central European University. After being detained by the immigration police, she learned that there were charges pending against her in Khon Kaen province, a province in the northeastern part of Thailand, and that the Khon Kaen police had a warrant for her arrest. She was driven by car to Khon Kaen, and then interrogated and formally charged by the police.
Ms. Chiranuch has been accused of violating Articles 14 and 15 of the Computer Crimes Act BE.2550 (2007) and Articles 112 and 116 of the Criminal Code BE.2499 (1956). She was informed that her case was reported to the Khon Kaen police station in 2009 regarding the lack of removal of 5 comments with alleged lesè majesté content. The comments were posted in response to an interview with Mr. Chotisak Onsoong, who has been charged with lesè majesté for not standing when the royal anthem was played before a movie was screened.
Shortly after 12 a.m. on 25 September 2010, Ms. Chiranuch was released on bail of 200,000 baht (6,525 USD). She will have to present herself again to the Khon Kaen police station on 24 October 2010.
The detention, arrest, and charging of Ms. Chiranuch Premchaiporn raise a number of questions about the current state of freedom expression, human rights and rule of law in Thailand. In this case, the arrest warrant was issued on 8 September 2010, but not executed until 24 September 2010. Ms. Chiranuch herself did not learn of the charges against her until she reached Khon Kaen. Ms. Chiranuch was informed by Pol.Lt.Col. Chachapong Pongsuwan, one of the officers who arrested her at Suvarnibhumi Airport that she had not been told about the charges in advance because the case against her was "a serious matter." The withholding of information signals the growing climate of fear for dissent in Thailand, in which one does not know that one has crossed a line until one is face-to-face with the police.
ADDITIONAL INFORMATION:
In addition to this new case, Ms. Chiranuch Premchaiporn faces other changes as well. She was first formally charged with violating Article 14 of the 2007 Computer Crimes Act and with violating Articles 112 and 116 of the Criminal Code in March 2009. In March 2009, the police raided the Prachatai office and arrested her. By April 2009, she had been charged with 10 counts of alleged violations. In each of these 10 instances, comments with alleged lesè majesté content were made on the Prachatai webboard. Ms. Chiranuch removed the comments, but her accusers have claimed that she did not do so quickly enough. If convicted, Ms. Chiranuch Premchaiporn is facing up to 50 years in prison for 10 counts of alleged violations of the 2007 Computer Crimes Act and the Criminal Code; each violation carries a sentence of five years. The case trial will begin in February 2011. The first set of charges against her were unjust; the addition of the recent charges seems excessive.
As Thailand attempts to undergo a process of national reconciliation in the aftermath of the violence of April and May 2010, this latest constriction of speech and threat to human rights is of particular concern. Without the free and unobstructed flow of information, neither human rights nor the rule of law can be strengthened in Thailand. Without respect for human rights and the rule of law, the process of national reconciliation will also fall short of fostering accountability for violence.
ADDITIONAL COMMENTS:
The Asian Human Rights Commission (AHRC) calls on all parties to closely follow Ms. Chiranuch’s case and to demand that the charges be dropped against her and all of those being held or investigated in relation to either Articles 14 and 15 the 2007 Computer Crimes Act or Articles 112 and 116 of the Criminal Code. The cases against her, in which she is being accused of crimes for not removing webboard comments with alleged lesè majesté content made by others quickly enough from the Prachatai webboard, represent a grave and sinister threat to what remains of free speech in Thailand. Free speech is a crucial aspect of the protection of human rights. Without the free and unobstructed flow of dissent and information, citizens cannot monitor and criticize their governments, and cannot disseminate information about the violation of the human rights of their fellow citizens.
For further information, see recent AHRC statements on the raid of independent news outlet Prachatai and the arrest of Ms. Chiranuch Premchaiporn (AHRC-STM-051-2009, AHRC-STM-054-2009), on lesè majesté and the Computer Crimes Act (AHRC-FPR-024-2009, AHRC-STM-028-2009, AHRC-STM-229-2009), and a statement of the Asian Legal Resource Centre to the UN Human Rights Council on the resurrection of the internal-security state in Thailand (ALRC-CWS-10-04-2009) and on wide-ranging restrictions on freedoms of expression (ALRC-CWS-14-06-2010). Also see the AHRC press release about how the shutdown of the Prachatai webboard indicates the shutdown of free speech in Thailand (AHRC-PRL-014-2010) (Also see a recent column on UPI Asia on the 2007 Computer Crimes Act. )
For further information on human rights issues in Thailand, see the 2008 country report of the AHRC and the AHRC Annual Report, The State of Human Rights in Ten Asian Nations 2009, especially pages 306 – 308.
For further information on charges, see Articles 14 and 15 of the Computer Crimes Act BE.2550 (2007) and Articles 112 and 116 of the Criminal Code BE.2499 (1956).
SUGGESTED ACTION:
Please write letters to the authorities listed below asking for the immediate withdrawal of the charges against Ms. Chiranuch Premchaiporn and the dropping of charges against all those being held or investigated in connection to either the 2007 Computer Crimes Act or Articles 112 and 116 of the Criminal Code.
To support this appeal, please click here:
SAMPLE LETTER:
Dear ___________,
THAILAND: Grave threat to freedom of expression and human rights in Thailand
Name of arrested person: Ms. Chiranuch Premchaiporn
Charges: Articles 14 and 15 of the 2007 Computer Crimes Act and Articles 112 and 116 of the Criminal Code
Charged by: Khon Kaen Police
Place: Suvarnabhumi Airport in Samut Prakarn province and Khon Kaen province
Date of incident: 24 September 2010.
I am writing to voice my strong objection to the charges made on 24 September 2010 against Ms. Chiranuch Premchaiporn, director of Prachatai online newspaper. She was detained in the afternoon by the immigration police at Suvarnabhumi Airport when she was coming back from a seminar at Hungary. The immigration police informed her that there was a warrant for her arrest at the Khon Kaen police station. She was transferred to the Khon Kaen police station in the evening. The Khon Kaen investigation police charged her under the 2007 Computer Crimes Act and the Criminal Code. She was informed that someone reported to the police in 2009 that there were comments posted in response to an interview with Mr. Chotisak Onsoong with alleged lesè majesté content and she did not remove them from Prachatai website. She has denied these charges and was released on bail of 200,000 baht at midnight on the evening of 24 September.
This action is in direct contravention of the freedom of expression as set out in section 45 of the 2007 Constitution of Thailand and article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a party.
I ask that you withdraw the charges against Ms. Chiranuch Premchaiporn without delay, since it violates national and international laws on freedom of expression. In addition, I ask that you drop all charges against others being held or investigated in relation to either the 2007 Computer Crimes Act or Articles 112 and 116 of the Criminal Code.
In making your decision, you need to consider Thailand's international obligations under the ICCPR. In this respect, I wish to remind you of an important section of the concluding observations of the UN Human Rights Committee to the report of Thailand in 2005:
"The Committee is concerned about reports of intimidation and harassment against local and foreign journalists and media personnel as well as of defamation suits against them, originating at the highest political level... The State party should take adequate measures to prevent further erosion of freedom of expression, in particular, threats to and harassment of media personnel and journalists, and ensure that such cases are investigated promptly and that suitable action is taken against those responsible, regardless of rank or status." (CCPR/CO/84/THA, 28 July 2005, para. 18).
I trust that you will take care to recall these recommendations before proceeding with this unnecessary and deeply problematic action. I further urge that the existing civil defamation law be reviewed to bring it into line with international standards. Until these changes take place, the people of Thailand will not feel free to speak, broadcast or publish their comments without fear of prosecution.
As Thailand attempts to undergo a process of national reconciliation in the aftermath of th
e violence of April and May 2010, this latest constriction of speech and threat to human rights is of particular concern. Without the free and unobstructed flow of information, neither human rights nor the rule of law can be strengthened in Thailand. Without respect for human rights and the rule of law, the process of national reconciliation will also fall short of fostering accountability for violence.
Yours sincerely,
---------------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Abhisit Vejjajiva
Prime Minister
c/o Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Fax: +66 2 288 4000 ext. 4025
Tel: +66 2 288 4000
E-mail: spokesman@thaigov.go.th or abhisit@abhisit.org
2. Mr. Chaowarat Chanweerakul
Minister of Interior
Office of the Ministry of Interior
Atsadang Road, Ratchabophit
Pranakorn, Bangkok 10200
THAILAND
Fax: +66 2 226 4371/ 222 8866
Tel: +66 2 224 6320/ 6341
E-mail: om@moi.go.th
3. Mr. Peeraphan Saleeratwipak
Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor Software Park Building,
Chaeng Wattana Road
Pakkred, Nonthaburi 11120
THAILAND
Fax: +662 502 6734 / 6884
Tel: +662 502 6776/ 8223
E-mail: om@moj.go.th
4. Mr. Kasit Piromya
Minister of Foreign Affairs
Office of the Minister of Foreign Affair
443 Sri Ayudhya Road
Bangkok 10400
THAILAND
Fax: +662 643 5318
Tel: +662 643 5333
E-mail: om@mof.go.th
5. Mr. Jullasingha Wasantasingha
Attorney General
Office of the Attorney General
Lukmuang Building, Nahuppei Road
Prabraromrachawang, Pranakorn,
Bangkok 10200
THAILAND
Fax: +662 224 0162/ 1448/ 221 0858
Tel: +662 224 1563/ 222 8121-30
E-mail: ag@ago.go.th or oag@ago.go.th
6. Pol.Gen. Wichean Potephosree
Royal Thai Police
1st Bldg, 7th Floor
Rama I, Patumwan
Bkk 10330
THAILAND
Fax: +66 2 251 5956/ 205 3738/ 255 1975-8
E-mail: feedback@police.go.th
Via: Prachatai
Friday, September 24, 2010
Thai Freedom Press Club Statement on Prachatai's Webmaster arrested
This is a machine translated version by Google Translate from the original Thai statement here.
Press Statement of the club to catch a case cause of freedom. Prachatai. Press Club to condemn freedom if students are caught. Prachatai. Pendant to withdraw the case immediately. With the case, punish the police to prevent bad CEB.Point Prachatai acted strictly in self-regulation already Like the mainstream media often claim not to authorize the state to intervene. With the Association called for the media. And human rights organizations. Including the Law Society, do not ignore. Correspondence Club of Thailand for freedom. Has released a memorandum stating that. As with the arrest of litigation as Sor. Chiranuch Premchai Porn Site Director Prachatai. With the exception of alleged acts. Act computers. Base administrator with users handle these offenses Orฆreamrdrngri monarchy. Fault on April 27 that People and ordinary prudence would know that. Times Web site is a public alternative media on the Internet that offer information of these renovated under a round. And the opportunity for people to comment on the Forum (Forum) through any network. Regardless of their political views in any way. But the political crisis in the past that Enables administrators to monitor web board difficult. Eedใh even have to manually close the Forum at the end of July last. Therefore, the prosecution attributed to the arrest this time is not an action that is intended to Su e Spirit of staff. And government regulators. And does not conform to the fact that a Sor. Chiranuch given the responsibility to monitor itself is already full.As the mainstream media often refer matters to be "self-regulation" to prevent governmental power or domination Universal Insert. Therefore urge the following.
1. The police must immediately withdraw the proceedings first. And senior officers of the National Police and the government should punish police sources as black as the case. Sat Chiranuch CEB to avoid the bad example of this.
2. The government since the prime minister. Office of the Prime Minister and Minister for the media, governance, Mr. Ong Clark embracing new urgency to the freedom of the media ensures that there is no reason for cases similar to this message than None. The f and Fri. Should be notification of close media and internet television announced after the close since April 7 last. Because the wrongful use of power. Ye big role against B. Optical constitution Violation of freedom of the media. Including the need to remove the dictatorial actions of the red power off printing presses, it's a pattern that has been done so brutal dictator underdeveloped.
3. Associations concerned with the media. The Journalist Association of ThailandNational Press Council. Radio and Television Journalists Association of Thailand should have expressed their willingness to be acting in his role, protects freedom of the media as soon as possible. Without discrimination.
4. Human rights organizations and government. A committee of the National Human Rights. Or the Law Society. Or organization campaigning on human rights should have expressed their willingness to be out and playing home safe and protects the freedom of the media as soon as possible. Without discrimination.
Correspondence Club of Thailand for freedom.
Press Statement of the club to catch a case cause of freedom. Prachatai. Press Club to condemn freedom if students are caught. Prachatai. Pendant to withdraw the case immediately. With the case, punish the police to prevent bad CEB.Point Prachatai acted strictly in self-regulation already Like the mainstream media often claim not to authorize the state to intervene. With the Association called for the media. And human rights organizations. Including the Law Society, do not ignore. Correspondence Club of Thailand for freedom. Has released a memorandum stating that. As with the arrest of litigation as Sor. Chiranuch Premchai Porn Site Director Prachatai. With the exception of alleged acts. Act computers. Base administrator with users handle these offenses Orฆreamrdrngri monarchy. Fault on April 27 that People and ordinary prudence would know that. Times Web site is a public alternative media on the Internet that offer information of these renovated under a round. And the opportunity for people to comment on the Forum (Forum) through any network. Regardless of their political views in any way. But the political crisis in the past that Enables administrators to monitor web board difficult. Eedใh even have to manually close the Forum at the end of July last. Therefore, the prosecution attributed to the arrest this time is not an action that is intended to Su e Spirit of staff. And government regulators. And does not conform to the fact that a Sor. Chiranuch given the responsibility to monitor itself is already full.As the mainstream media often refer matters to be "self-regulation" to prevent governmental power or domination Universal Insert. Therefore urge the following.
1. The police must immediately withdraw the proceedings first. And senior officers of the National Police and the government should punish police sources as black as the case. Sat Chiranuch CEB to avoid the bad example of this.
2. The government since the prime minister. Office of the Prime Minister and Minister for the media, governance, Mr. Ong Clark embracing new urgency to the freedom of the media ensures that there is no reason for cases similar to this message than None. The f and Fri. Should be notification of close media and internet television announced after the close since April 7 last. Because the wrongful use of power. Ye big role against B. Optical constitution Violation of freedom of the media. Including the need to remove the dictatorial actions of the red power off printing presses, it's a pattern that has been done so brutal dictator underdeveloped.
3. Associations concerned with the media. The Journalist Association of ThailandNational Press Council. Radio and Television Journalists Association of Thailand should have expressed their willingness to be acting in his role, protects freedom of the media as soon as possible. Without discrimination.
4. Human rights organizations and government. A committee of the National Human Rights. Or the Law Society. Or organization campaigning on human rights should have expressed their willingness to be out and playing home safe and protects the freedom of the media as soon as possible. Without discrimination.
Correspondence Club of Thailand for freedom.
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