poor feller ... good luck On Nov 16, 8:40 am, William Gomes <[email protected]> wrote: > *http://williamgomes.org/?p=270 > * > > * > * > > *16** November 2011*** > > * * > > *H.E. Yingluck Shinnawatra, > Prime Minister, > Office of the Prime Minister,*** > > *Government House, > Thanon Phitsanulok, Dusit > Bangkok 10300,*** > > *Thailand*** > > * *** > > * *** > > *Re: Thailand – Human rights defender and magazine editor Somyot > Prueksakasemsuk faces **lèse majesté** charge *** > > * *** > > *Dear **Prime Minister,*** > > * *** > > *I am William Nicholas Gomes, a human rights activist and **journalist. I > am writing to you to raise my** concerns about the situation of human > rights defender and magazine editor Mr Somyot Prueksakasemsuk, who will > stand trial on charges of **lèse majesté** from 21 November 2011 until 4 > May 2012. Somyot Prueksakasemsuk is a longtime labour rights activist and > is affiliated with the Democratic Alliance of Trade Unions. He is facing a > maximum of 30 years’ imprisonment if found guilty. *** > > * *** > > *Somyot Prueksakasemsuk, who is also editor of Voice of the Oppressed > (Voice of Taksin), was arrested on 30 April 2011 at Aranyaprathet district, > Sa Kaeo Province, and charged with contravening the **lèse majesté law or > Section 112 of the Thai Criminal Code which states that **“whoever defames, > insults or threatens the King, the Queen, the Heir-apparent or the Regent, > shall be punished with imprisonment of three to fifteen years”. He was > detained in Bangkok Special Prison and was reportedly transferred to Sa > Kaeo Provincial Court on 12 November 2011. He has been in pre-trial > detention for six and a half months since his arrest by Department of > Special Investigation officials in April 2011. His fourth bail request was > denied on 1 November 2011.*** > > * *** > > *Somyot is known for his active support for the empowerment of the workers’ > movement and the right to freedom of association both in Thailand and > internationally. Somyot’s arrest on 30 April came only five days after he > held a press conference in Bangkok launching a campaign to collect 10,000 > signatures to petition for a parliamentary review of Section 112 of the > Criminal Code, which Somyot claims contradicts democratic and human rights > principles. According to a document produced by the Public Prosecutor, > Somyot is alleged to have allowed two articles that made negative > references to the monarchy to be published in his magazine. *** > > * *** > > *The hearings involving the Prosecution witnesses will take place on 21 > November 2011, 19 December 2011, 16 January 2012, and 13 February 2012 in > the provinces of Sa Kaeo, Petchabun, Nakorn Sawan, and Songkla, > respectively, while the Defence witnesses will be called to appear before > Bangkok Criminal Court on 18-20 April 2012, 24-26 April 2012, and 1-4 May > 2012.*** > > * *** > > *I am concerned** that the venues of the hearings for the Prosecution > witnesses are all held outside Bangkok in different provinces across the > northern, northeastern, and southern provinces of Thailand, which will** > place** an undue burden on Somyot and his family and undermine his fair > trial rights. This may also prevent the full presence and participation of > trial observers, diplomatic corps, and journalists. *** > > * *** > > *I am ** further disturbed that if Somyot’s application for bail continues > to be denied until the conclusion of the trial, he will have been in prison > for over a year before a verdict is reached, since the trial is expected to > last until at least 4 May 2012. This is in violation of the constitutional > guarantee for a right to bail under Section 40 (7) of the 2007 Thai > Constitution, the International Covenant on Civil and Political Rights > (ICCPR) which Thailand has ratified, and Principles 36-39 of the Body of > Principles for the Protection of All Persons under Any Form of Detention or > Imprisonment (1988). *** > > * *** > > *The Truth for Reconciliation Commission of Thailand (TRCT), in its second > report, also emphasised that “a temporary release…is a fundamental right of > accused persons and defendants in order to enable accused persons and > defendants to defend their cases, to prove innocence and to reduce effects > from the restriction of freedoms on themselves and families.” Under > national and international law, the right to bail can only be restricted on > limited and precisely defined grounds. The authorities have yet to provide > an adequate justification for his continued detention or an explanation as > to why less restrictive and non-custodial measures are not sufficient to > ensure his appearance at trial and non-tampering with evidence.*** > > * *** > > *Our organisation William’s desk are** alarmed by the escalating cases of > using l**èse majesté** law against human rights defenders and dissidents in > the years following the military coup d’etat in 2006. Concerns have already > been raised, in particular regarding the ongoing case of Ms Chiranuch > Premchaiporn, Executive Director of Prachatai and a media rights advocate, > who is also charged under the **lèse majesté** law and the 2007 Computer > Crimes Act. *** > > * *** > > *On 10 October 2011, the **United Nations Special Rapporteur on the right > to freedom of opinion and expression, Frank La Rue, urged Thailand to > urgently amend lèse majesté laws (Section 112 of the Penal Code and the > 2007 Computer Crimes Act)[1]. As emphasized by the Special Rapporteur, > “[t]he threat of a long prison sentence and vagueness of what kinds of > expression constitute defamation, insult, or threat to the monarchy, > encourage self-censorship and stifle important debates on matters of public > interest, thus putting in jeopardy the right to freedom of opinion and > expression”. *** > > * *** > > *Concerns regarding lèse majesté laws were also raised during the > consideration of the situation of human rights in Thailand through the UN > Universal Periodic Review in Geneva on 7 October 2011.*** > > * *** > > *I call** on the authorities in Thailand to: *** > > * *** > > *1. Immediately drop all charges against Somyot Prueksakasemsuk, or > else, grant him the right to bail in accordance with fair trial standards > under domestic and international law; *** > > * *** > > *2. Review the lèse majesté law to ensure its conformity with Thailand’s > international human rights obligations, as recommended by the UN Special > Rapporteur on the promotion and protection of the right to freedom of > opinion and expression, and immediately drop all charges against human > rights defenders based on these laws;*** > > * *** > > *3. **Guarantee in all circumstances that** all human rights defenders > in Thailand, especially those working on freedom of expression, are able to > carry out their legitimate human rights activities without fear of > reprisals and free of all restrictions, including judicial harassment.* > > * * > > *I** respectfully remind you that the United Nations Declaration on the > Right and Responsibility of Individuals, Groups and Organs of Society to > Promote and Protect Universally Recognized Human Rights and Fundamental > Freedoms, adopted by consensus by the UN General Assembly on 9 December > 1998, recognises the legitimacy of the activities of human rights > defenders, their right to freedom of association and calls on States to > ensure that they can carry out their activities without fear of reprisals. > *** > > * *** > > *I** would particularly draw attention to Article 6: “Everyone has the > right, individually and in association with others: (c) To study, discuss, > form and hold opinions on the observance, both in law and in practice, of > all human rights and fundamental freedoms and, through these and other > appropriate means, to draw public attention to those matters”, and to > Article 12: “(1) Everyone has the right, individually and in association > with others, to participate in peaceful activities against violations of > human rights and fundamental freedoms. (2) The State shall take all > necessary measures to ensure the protection by the competent authorities of > everyone, individually and in association with others, against any > violence, threats, retaliation, de facto or de jure adverse discrimination, > pressure or any other arbitrary action as a consequence of his or her > legitimate exercise of the rights referred to in the present Declaration.”** > * > > * *** > > *Yours Sincerely, *** > > * * > > *William Nicholas Gomes* > > *Human Rights Activist and journalist * > > *80/ B Bramon Chiron, Saydabad,* > > *Dhaka-1203, Bangladesh.* > > * * > > *Cell: +88 019 7 444 0 666* > > *E-mail:William [at] williamgomes.org* > > *Skype: William.gomes9* > > *Face book:http://www.facebook.com/wngomes* > > *Twitter:http://www.twitter.com/persecutionbd* > > *http://www.williamgomes.org*** > > * * > > * * > > *Copies to:* > > *1. United Nations Special Rapporteur on human rights defenders* > > *2. Office of the High Commissioner for Human Rights, Regional Office, > Bangkok* > > Download : Thailand – Human rights defender and magazine editor Somyot > Prueksakasemsuk faces lèse majesté > charge<http://williamgomes.org/wp-content/uploads/2011/11/Thailand-Human-rig...> > > * * > > *Short URL*: *http://williamgomes.org/?p=270* > > Thailand-Human-rights-defender-and-magazine-editor-Somyot-Prueksakasemsuk-faces-lèse-majesté-charge.pdf > 52KViewDownload
-- Thanks for being part of "PoliticalForum" at Google Groups. For options & help see http://groups.google.com/group/PoliticalForum * Visit our other community at http://www.PoliticalForum.com/ * It's active and moderated. Register and vote in our polls. * Read the latest breaking news, and more.
