Thailand: Opposition party dissolved while activists criminalised and attacked

Thailand’s civic space is rated as ‘repressed’ by the CIVICUS Monitor. Scores of individuals including activists have been charged or convicted for royal defamation (lèse-majesté) and given harsh sentences for their speeches and social posts critical of the monarchy. Some were denied bail. Censorship was also documented, and protesters have also been targeted with arrest and prosecution.

In July 2024, the CIVICUS Monitor added Thailand to its watchlist of countries experiencing rapid declines in civic freedoms, due to the targeting of activists and the opposition for royal defamation, the digital surveillance of women and LGBTQI+ activists, an upsurge in transnational repression directed at foreign activists and the leading opposition party being at risk of being dissolved.

On 16th August 2024, Thailand's parliament selected Paetongtarn Shinawatra, the daughter of billionaire tycoon and former leader Thaksin, as prime minister. Her selection came just two days after former PM Srettha Thavisin was dismissed by the constitutional court for appointing a minister with a criminal conviction. Both are from the Pheu Thai Party, which came second in the 2023 election but formed a ruling coalition.

In recent months, the Constitutional Court dissolved the opposition Move Forward Party for treason while multiple activists continued to be prosecuted and sentenced on charges of royal defamation. They include human rights lawyer Arnon Nampa and pro-democracy activist Parit “Penguin” Chiwarak. In the Deep South, Roning Dolah, a prominent Malay Muslim human rights defender, was killed by unknown persons, while nine activists are facing judicial harassment. A court has accepted a lawsuit over the 2004 Tak Bai killings of protesters while a Vietnamese human rights defender is still at risk of extradition.

Expression

Constitutional court dissolves opposition party

Thailand’s Constitutional Court dissolved the opposition Move Forward Party on 7th August 2024. The nine-judge Constitutional Court unanimously ruled that the Move Forward Party - that had won the most seats in the last election - committed treason by advocating the reform of Penal Code Article 112 on lèse-majesté (royal defamation) and imposed 10-year political bans on all of its executive members, who were in office from April 2021 to January 2024. The case had been brought by the national Election Commission, which filed its petition in April 2024 without allowing the party to counter the allegations.

Human Rights Watch said the decision was based on ''politically motivated allegations' and 'seriously damages the country’s return to genuine democratic rule'. Elaine Pearson, Asia director at Human Rights Watch, said: “The Thai Election Commission’s case against the Move Forward Party was a sham right from the start. The Constitutional Court’s ruling to dissolve the Move Forward Party is a severe blow to Thailand’s teetering efforts to restore democratic rule after years of military dictatorship.”

UN Human Rights Chief Volker Türk said the ruling “was deeply troubling and undermines democratic processes and restricts political pluralism. He added that: “this decision seriously impacts fundamental freedoms of expression and association, and people's right to participate in public affairs and political life in Thailand.”

The High Commissioner said UN human rights mechanisms have long expressed concern that this prohibition, set out in Article 112 of the Criminal Code, is inconsistent with Thailand’s obligations under the International Covenant on Civil and Political Rights and should be reviewed.

The party and its leader have been targeted for its support for human rights reforms including reform of Article 112. As previously documented, the Move Forward Party led by Pita Limjaroenrat finished first in the May 2023 elections and afterward assembled an eight-party coalition that together had won 312 seats.

However, he was blocked from taking power in the National Assembly due to strong opposition in the Senate, whose members are overwhelmingly conservative and include military-appointed senators. Election rules rewritten after the military coup in 2014 required Pita to have majority support from parliament to become prime minister. in July 2023, the Thai Constitutional Court decided to suspend Pita Limjaroenrat from parliament on politically motivated charges.

Human rights lawyer gets another four-year prison sentence for lèse-majesté

On 25th July 2024, Arnon Nampa was sentenced to 4 years jail by the Criminal Court under the lèse-majesté law. This case is linked to two posts on Facebook about the Thai monarchy that he published in early 2021. He was also convicted under the Computer Crime Act.

Arnon Nampa is a human rights lawyer and founding member of Thai Lawyers for Human Rights (TLHR). He provided free legal assistance, including representation in litigation, to individuals in vulnerable situations, and in highly sensitive cases. He also played a key role in the youth-led pro-democracy protests that began in July 2020.

The lèse-majesté law, Section 112 of the Thai Criminal Code, can be used to criminalise almost any comment about the monarchy or the royal family, thus stifling dissent and discouraging open discussions about the monarchy’s role in the country. It carries a maximum jail term of 15 years for each conviction.

This is the fourth time Arnon Nampa has been convicted under Section 112. In his previous three lèse-majesté cases, he was sentenced to 10 years and 20 days in prison on 26 September 2023, 17th January 2024, and 29 April 2024, respectively. Arnon Nampa’s cumulative prison term is now 14 years and 20 days. He has 10 more cases still pending.

Since his first conviction on 29th September 2023, Arnon Nampa has been held in detention in the Bangkok Remand Prison.

Activist gets two years’ jail for lèse-majesté

On 31st July 2024, pro-democracy activist Parit “Penguin” Chiwarak was sentenced in absentia to two years in prison for lèse-majesté in 2021. The Criminal Court initially handed down a sentence of three years, then reduced it to two years because he gave useful testimony in the case.

The 26-year-old activist was one of the key figures leading the 2020 demonstrations, which saw tens of thousands of people take to the streets with unprecedented calls for reform of the monarchy.

Parit was charged over comments posted on his Facebook page below an upside-down picture of the King. Parit has failed to show up at the court since 25th June 2024. and the judge issued a bench warrant for his arrest. The statute of limitations in the case is 10 years.

He is expected to face a further 24 royal defamation charges, according to the Thai Lawyers for Human Rights (TLHR) group.

Other activists convicted for royal defamation

According to Thai Lawyers for Human Rights (TLHR), as of 31st July 2024, a record number of people – at least 272 – have been prosecuted in Thailand on royal defamation charges since 2020. Besides the cases above, other activists were prosecuted in recent months.

On 18th July, three activists, arrested for singing a protest song were sentenced to seven years in prison for royal defamation and contempt of court. The sentence was later reduced to three years and six months. Chen Chiwobancha, Ngoentra Khamsaen, and Shinawat Chankrajang faced four charges: royal defamation, contempt of court, defamation by publication, and unauthorised use of a sound amplifier. The charges stemmed from a protest on 28th July 2022 in front of the Bangkok South Criminal Court where participants demanded bail rights for two detained pro-democracy activists. The protesters sung “Lucky to Have Thai People”, a song critical of the monarchy, while holding banners criticising the court.

On 24th July 2024, activist Shinawat Chankrajang was sentenced to one year and six months in prison over a royal defamation charge related to a speech he gave in February 2022 about the King’s property during a protest. The case was his 8th royal defamation charge and he is currently facing a total of 15 years and 24 months in prison.

On 27th August 2024, Kanruethai Klaion, a 33-year-old protester, was sentenced to approximately 12 years without parole for eight Facebook posts in 2022. Kanruethai Klaion was charged with royal defamation and violation of the Computer Crime Act. Her lawyer later submitted a bail request pending appeal. Kanruethai is being held at the Central Women’s Correctional Institution.

Association

Killing of prominent human rights defender Roning Dolah

Roning Dolah, a prominent Malay Muslim human rights defender in Thailand’s Southern Border Provinces (SBPs), was killed In June 2024. Roning, 45, was a coordinator with the Duay Jai Group, a local organisation supported by the United Nations (UN) Voluntary Fund for Victims of Torture. The group focuses on investigating cases of torture and enforced disappearance in the SBPs, providing crucial rehabilitation support for torture survivors.

On 25th June 2024, at approximately 8:45 PM, Roning was fatally shot by two unidentified assailants in front of his home in Yarang District, Pattani Province. His wife and seven-year-old daughter were present at the scene and witnessed his murder. Law enforcement and military personnel recovered 28 bullet casings at the scene.

According to the Observatory for the Protection of Human Rights Defenders, Roning was detained five times between 2007 and 2017 under the special laws that have been in force in the SBPs and was reportedly subjected to torture by military officers during two of those detentions in 2007 and 2017. The special laws, namely the Martial Law, the Emergency Decree and the Internal Security Act, grant broad powers to security and military forces in the region, allowing for prolonged detention without charge and judicial oversight, as well as searches without warrants, often leading to human rights abuses and fostering an atmosphere of fear and repression.

Nine activists in the Deep South facing judicial harassment

Nine activists in the southern border provinces (Deep South) are still waiting to hear if they are going to be indicted for a cultural gathering in 2022.

In January 2024, the nine individuals received police summonses and travelled to the Sai Buri Police Station to acknowledge the charges under Section 116 (sedition), Section 209 (member of a secret society whose object is unlawful) and Section 210 (conspiracy to commit crimes as part of a criminal association) of the Criminal Code, and the Emergency Decree. The nine individuals denied all charges. They were accused of attending a cultural event in Sai Buri district of Pattani in 2022 and giving speeches, leading a pledge, and singing traditional songs with the aim of inciting youths to cause “disorder”, “breach” of the law and to engage in a “revolution” to secure the “independence of the state of Patani.”

According to TLHR, on 25th July 2024, the inquiry official handed over the case file to the prosecutor, recommending that the nine be indicted under the above charges. They will be informed if they will be indicted on 26th September 2024.

The Deep South, a predominantly Muslim Malay and heavily militarised region along the Thai-Malaysia border, is home to a decades-old separatist insurgency. In 2005, a state of emergency was declared in the Deep South that has yet to be revoked. The law grants the Prime Minister and his delegates far-reaching powers, allowing them to override the authority of any government ministry or agency, civilian or military.

UN experts call on government not to extradite Vietnamese human rights defender

Independent UN experts have expressed grave concern about Vietnam’s request to Thailand to extradite refugee and human rights defender Y Quynh Bdap, who co-founded Montagnards Stand for Justice, an organisation that advocates for indigenous rights in Vietnam.

On 4th July 2024, the experts said: “We urge Thailand to refuse his extradition and any other requests to forcibly repatriate Montagnards seeking protection in the country.”

As previously documented, Y Quynh Bdap has been living in Thailand since 2018, where he is recognised as a refugee by the United Nations High Commissioner for Refugees and is awaiting resettlement to a third country.

He was convicted in absentia of terrorist offences relating to an alleged attack in Dak Lak province in Vietnam’s Central Highlands in June 2023. He was sentenced to 10 years in prison after a “mobile court” trial of 100 defendants that did not meet fair trial guarantees under international law. Y Quynh Bdap is being held in a detention facility in Bangkok. His hearings are currently ongoing in the Bangkok Criminal Court.

The experts called on Thai authorities to respect the obligation of non-refoulement under international human rights law, which prohibits returning a person to a country where they would face a risk of persecution or torture, cruel, inhuman or degrading treatment or punishment, enforced disappearance and other irreparable harm such as arbitrary deprivation of life or denial of justice.

On 27th August 2024 an amicus curiae application was submitted to the courts by the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.

Peaceful Assembly

Court takes up lawsuit over 2004 Tak Bai killings and other violations of protesters

On 23rd August 2024, the Narathiwat Provincial Court ruled in favour of a request from the victims and their families to file a criminal lawsuit against officials suspected to be responsible for human rights violations during the Tak Bai protest, including former high-ranking military and police officers. Of the nine officials sued by the victims and their families, the Court determined there are legal grounds to pursue a lawsuit against seven of them under the offences of murder and illegal detention.

The statute of limitations for the case is set to expire on 25th October 2024. After the court decision, at least one of the defendants must appear before court to acknowledge the lawsuit for the case to begin, according to Article 95 of the Thai Criminal Code which governs the statute of limitation for criminal offences.

According to Amnesty International, on 25th October 2004, more than 2,000 protesters gathered in front of Tak Bai police station in Narathiwat province, one of Thailand’s southern border provinces, to demand the release of six Malay Muslim men who were believed to be arbitrarily detained by Thai authorities.

Security forces used tear gas, water cannon and live ammunition, killing seven protesters instantly – five of whom were shot in the head. After the crackdown, about 1,370 detained Malay Muslim men were transported to Ingkayut Borihan Military Camp in Pattani, 150 kilometres away. Forced to lie on top of one another in army trucks, 78 died from crushing or asphyxiation during transit. Many survivors suffered severe injuries and permanent disabilities.

An independent fact-finding committee, established by the then-government, condemned the use of excessive force and poor judgment in the transportation of detainees. Despite compensation for victims, no officers identified by the committee have been brought to justice.