[Tlc] T-human rights

Mon Apr 6 07:31:31 PDT 2009

Forwarded from Tyrell Haberkorn.
Thanks,
justin

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-036-2009

 <http://www.ahrchk.net/ua/support.php?ua=UAC-036-2009 >

6 April 2009

---------------------------------------------------------------------

THAILAND: Man given ten years' imprisonment for lese-majesty online

ISSUES: Freedom of expression; censorship; administration of justice

---------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) condemns the latest
imprisonment of an Internet user in Thailand for posting online
supposedly offensive images to the country's royal family. We are
bringing you details of the case and urge you to protest strongly
against this use of draconian laws, old and new, to attempt to stifle
free expression.

CASE DETAILS:

On 3 April 2009 the Criminal Court in Bangkok sentenced 34-year-old
Suwicha Takor to 10 years' imprisonment for posting images on the
Internet in 2008 that were allegedly offensive to members of the
royal family, including the king and the crown prince. He was
convicted of lese-majesty and also with having wrongfully used a
computer under a draconian computer crime law that was introduced
through a military dictatorship's legislature in 2007. He was
convicted on two charges carrying 10 years' imprisonment but the
sentence was halved because he pleaded guilty.

The police arrested Suwicha on 14 January 2009 at his home area of
Nakhon Phanom in the northeast of Thailand and took him by air to
Bangkok. He was kept in jail since then, as the court twice refused
submissions for bail.

Suwicha was working as an engineer for a multinational oil company.
After he was arrested he was sacked from his job without severance
pay. Aside from his three children, his wife and father had also
depended upon his income for their survival.

ADDITIONAL INFORMATION:

Suwicha's imprisonment follows many other recent cases of
lese-majesty and charges brought against persons under the highly
ambiguous terms of the Computer Crime Act 2007, as part of a general
trend away from human rights and democratization in Thailand begun in
the time of the former government of Thaksin Shinawatra that has
rapidly accelerated since the army coup of 2006 and continued under
the present unelected prime minister.

For further information, see recent AHRC statements on the raid of
independent news outlet Prachatai and arrest of its director
(AHRC-STM-051-2009
<http://www.ahrchk.net/statements/mainfile.php/2009statements/1925/>
, AHRC-STM-054-2009
<http://www.ahrchk.net/statements/mainfile.php/2009statements/1928/>
), on lese-majesty (AHRC-STM-028-2009
<http://www.ahrchk.net/statements/mainfile.php/2009statements/1877/>
), 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
<http://www.ahrchk.net/statements/mainfile.php/2009statements/1888/>
). See also a recent column on UPI
<http://www.upiasia.com/Human_Rights/2009/03/19/cyber-thought_crime_in_bangkok_and_rangoon/1487/>
 Asia on the computer crime law.

For further on human rights issues in Thailand read the 2008 country
report
<http://material.ahrchk.net/hrreport/2008/AHRC-SPR-018-2008-Thailand_AHRR2008.pdf>
of the AHRC.

SUGGESTED ACTION:

Please write to the following persons to protest the imprisonment of
Suwicha and the use of draconian laws, including those on
lese-majesty and computer use, to attempt to stifle free expression
in Thailand.

Please be informed that the AHRC is writing separate letters to the
UN Special Rapporteur on freedom of expression and the Southeast Asia
office of the UN High Commissioner for Human Rights calling for an
immediate action in this case.

To support this appeal, please click here:
<http://www.ahrchk.net/ua/support.php?ua=UAC-036-2009 >

SAMPLE LETTER:

Dear ___________,

THAILAND: Demand for release from jail of man sentenced to ten years
for lese majesty

Detainee: Suwicha Takor, 34, solids control engineer, married with
three children

Convicted at: Criminal Court, Bangkok

Convicted under: Criminal Code, section 112, read with sections 33,
83, 91, and with articles 8 & 9 of the Constitution of the Kingdom of
Thailand BE 2550 (2007); Computer Crime Act BE 2550 (2007), sections
14(2) & 16(1)

Convicted on: 3 April 2009

Sentence: 20 years' imprisonment, reduced to 10 because of guilty
plea

I am writing to strongly protest the imprisonment of Suwicha Takor on
charges of lese-majesty and computer crimes and to call for his
immediate release and the amendment of the criminal law in Thailand
so as to cease violating the freedom of expression of the country's
citizens and residents.

It has been widely reported that on 3 April 2009 the Criminal Court
in Bangkok sentenced Suwicha to 10 years' imprisonment for posting
images on the Internet in 2008 that were allegedly offensive to
members of the royal family. He was convicted of lese-majesty and
also with having wrongfully used a computer under the provisions of
law listed above. He was convicted on two charges carrying 10 years'
imprisonment but the sentence was halved because he pleaded guilty.

I am also aware that after the police arrested Suwicha on 14 January
2009 at his home area of Nakhon Phanom in the northeast of Thailand
and took him by air to Bangkok, he was kept in jail as the court
twice refused submissions for bail.

Thailand has become infamous in recent times for the bringing of
charges of lese-majesty and charges under the Computer Crime Act 2007
against persons who have done no more than exercise their freedom of
expression. Despite the current prime minister's claims to be
concerned for the freedom of expression and human rights in Thailand,
the case of Suwicha is yet another example of a trend in the opposite
direction. I note that another recent case of special concern is the
raid on independent news service Prachatai and arrest of its
director, Chiranuch Premchaiporn.

I call for the government of Thailand to take the necessary steps to
see Suwicha Takor released from prison without delay. I also call for
the dropping of all charges against Chiranuch Premchaiporn.
Furthermore, I strongly urge the government of Thailand to
demonstrate its prime minister's stated commitment to human rights
and freedom of expression to at once put forward bills to amend the
Criminal Code and revoke the Computer Crime Act (which was passed by
a legislature of military appointees, not elected representatives of
the people of Thailand) so that no further cases of this sort occur
in the future and so that the country's human rights reputation does
not continue to slide downwards.

I look forward to your intervention.

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 at thaigov.go.th or abhisit at abhisit.org

2. 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 6699/ 6734 / 6884

Tel: +662 502 6776/ 8223

E-mail: om at moj.go.th

3. 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 at mof.go.th

4. Mr. Chaikasem Nitisiri

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 at ago.go.th or oag at ago.go.th

5. Prof. Saneh Chamarik

Chairperson

National Human Rights Commission of Thailand

Office of The National Human Rights Commission of Thailand

The Government Complex Commemorating His Majesty the King's 80th
BirthDay Anniversary 5th December, B.E.2550 (2007)

120 Chaengwattana Road

Laksi District

Bangkok 10210

THAILAND

Fax: +662 143 9576

Tel: +662 141 3800, +662 141 3900

E-mail: interhr at nhrc.or.th or saneh at nhrc.or.th

6. Chairperson

Subcommittee on Legislation and Administration of Justice

Office of The National Human Rights Commission of Thailand

The Government Complex Commemorating His Majesty the King's 80th
BirthDay Anniversary 5th December, B.E.2550 (2007)

120 Chaengwattana Road

Laksi District

Bangkok 10210

THAILAND

Fax: +662 143 9576

Tel: +662 141 3800, +662 141 3900

E-mail: interhr at nhrc.or.th

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (ua at ahrc.asia <mailto:ua at ahrc.asia>
)

 <http://www.ahrchk.net/ua/support.php?ua=UAC-036-2009 >

-----------------------------
Asian Human Rights Commission
19/F, Go-Up Commercial Building,
998 Canton Road, Kowloon, Hongkong S.A.R.
Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367

______________
Dr. Justin McDaniel
Dept. of Religious Studies
3046 INTN
University of California, Riverside
Riverside, CA 92521
951-827-4530
justinm at ucr.edu