25 June 2015
4328
Public Statement
Stop criminalizing students who protest symbolically and peacefully
On 22 May 2015, seven students from the Dao Din group have staged a symbolic protest on the first anniversary of the military coup at the Democracy monument, in the city of Khon Kaen. As reported by various news networks, they were arrested by officials and later pressed with criminal charges invoking the Order of the National Council for Peace and Order (NCPO)’s Head no.3/2558 regarding the maintenance of public order and national security. The seven students who expressed themselves symbolically then had to face legal action. They were later released and summonses have been issued to request for their presence before 19 June 2015. Around 1.00pm on the day they were supposed to report themselves to the authorities, three members of the Dao Din group were nabbed and brought to the Khon Kaen Police Station. Prior to that, the three students were displaying drawings of the seven members of the Dao Din at the Democracy monument, in the city of Khon Kaen. The three students were not issued with summonses, but were brought to their custody in the Sri Patcharindra Military Camp. It was reported that they were released after that.
The Human Rights Lawyers Association (HRLA) and the Union for Civil Liberties (UCL) deem symbolic action by civilians and students an exercise of the right to freedom of expression peacefully and unarmed. It is a fundamental right and liberty of a person. The action of the authorities is therefore an infringement on the fundamental right and liberty as guaranteed by the Constitution. The state and all sectors in society are obliged to respect such freedom based on the following reasons.
1. The Constitution of the Kingdom of Thailand (Interim), B.E. 2557 (2014)’s Section 4 provides for the right to freedom of expression by stipulating that “Subject to the provisions of this Constitution, all human dignity, rights, liberties and equality of the people protected by the constitutional convention under a democratic regime of government with the King as the Head of State, and by international obligations bound by Thailand, shall be protected and upheld by this Constitution”.
2. According to the Interim Constitution’s Section 4, the state is therefore obliged to act in compliance with its obligation to the 1966 International Covenant on Civil and Political Rights (ICCPR) to which Thailand has ascended since 29 October 1996 and which has become effective to Thailand since 29 January 1997. In Article 19 of the ICCPR, it stipulates that “Everyone shall have the right to hold opinions without interference” and its Article 21 “The right of peaceful assembly shall be recognized”. The Thai government is therefore obliged to act to protect and uphold the right to freedom of expression and the right to public assembly of its people. No attempts shall be made to intimidate or prevent them from exercising their right and freedom. The government has to listen to opinions from its people and use them in their deliberation, review and developing solutions to address the needs of its people. The right to peaceful and unarmed expression is therefore a vitally important right and the state needs to respect and protect in order to be recognized as a genuine defender of rights and freedom.
3. According to the principle to ensure fair trial and the due process of law which has to comply with the proper criminal procedure and the Principle of Legal State, the state ought to protect a person’s rights and freedom. In a democratic society, in order to hold a person in custody, the state has to invoke a specific legal provision and the law enforcement official has to use their discretion when interpreting the law. Any act against a person can only be carried out when it is proven beyond doubt that the person has committed an act against an applicable law. While the NCPO Order no. 3/2558 aims to suppress the act of a person which is deemed extremely detrimental to national security, but the gathering of the Dao Din group was simply a symbolic act of expression. It is definitely not tantamount to being a threat to the nation’s survival. As a result, the officials have no justification to carry out the arrest against them and to bring them into custody simply because they had exercised the right to freedom of expression and peaceful assembly. After all, any exercise of power and any act which infringes on the right to privacy and freedom of a person are prohibited.
The Human Rights Lawyers Association (HRLA) and the Union for Civil Liberties (UCL) urges all concerned authorities to;
1. Halt the ongoing legal actions by dropping charges against the students who have exercised their fundamental rights provided for by the Constitution and international obligations to express their opinions peacefully and unarmed. Such criminalization bears no interest to public.
2. When invoking the power as per the orders of the NCPO, concerned officials should use their discretion to envision the ramifications form the exercise of such power since it may affect the right to privacy and freedom of the students and people according to the right to fair trial, the proper criminal procedure and the Principle of Legal State. And if it happens that any performance of duty has allegedly led to an unlawful act, the perpetrator should be promptly brought to justice and the victims have to be provided with remedies.
With respect in human rights and human dignity
Human Rights Lawyers Association (HRLA)
Union for Civil Liberties (UCL)
For more information, please contact Human Rights Lawyers Association (HRLA), phone 02-6934939, 02-6930682
