According to the Asian Human Rights Commission (AHRC), on September 24, Ms. Chiranuch Premchaiporn, director of Prachatai online newspaper, was detained by the police at Suvarnabhumi Airport in Bangkok, Thailand. Ms. Chiranuch was on her way back from an Internet freedom 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, and that the police had a warrant for her arrest. She was then transferred to Khon Kaen, interrogated, and formally charged by the police for violating Articles 14 and 15 of the Computer Crimes Act (2007) and Articles 112 and 116 of the Criminal Code (1956). Specifically, she has been charged for not removing comments with alleged lesè majesté, or “violating majesty,” content from her Web site. The arrest warrant for Ms. Chiranuch was issued on September 8, but not executed until September 24. Also, although Ms. Chiranuch was detained in Bangkok, she did not learn of the charges against her until she reached Khon Kaen. She denies the allegations made against her.
 

AHRC asserts that Ms. Chiranuch’s case raises a number of questions about the current state of free expression, human rights, and rule of law in Thailand.  In its “Defending Civil Society” report, the World Movement addresses freedom of expression, and articulates six principles for protecting civil society. The third principle states that “states must refrain from restricting freedom of expression through vague, imprecise, and overly broad regulatory language.” AHRC is encouraging concerned individuals to send letters to Thai authorities asking that the charges against Ms. Chiranuch be dropped immediately. A sample letter is provided below, but letters can also be sent from the AHRC Web site.

 

For more information on the case, go to: www.ahrchk.net/ua/mainfile.php/2010/3570

 

To send a letter online supporting Ms. Chiranuch, go to: www.ahrchk.net/ua/support.php?ua=UAC-153-2010

 

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 [Thailand] 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 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.

Yours sincerely,

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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