(New York) - The Thai government should withdraw sedition charges against prominent critics of caretaker Prime Minister Thaksin Shinawatra, Human Rights Watch said today. Along with a series of criminal and civil defamation suits filed by Thaksin and others, the sedition charges threaten political pluralism in the run-up to national elections expected later this year.
“Thaksin is trying to muzzle critics by filing sedition charges and an avalanche of defamation suits,” said Brad Adams, Asia director at Human Rights Watch. “The use of such draconian laws against political opponents is an extremely unhealthy signal in the run-up to elections. The government should drop these charges and engage in an open debate with its opponents.”
On April 12, 2006, the Bangkok Metropolitan Police ordered the five leaders of the People’s Alliance for Democracy (PAD) – Sondhi Limthongkul, Pipob Thongchai, Somsak Kosaisuk, Somkiat Pongpaiboon and Chamlong Srimuang – to appear at the National Police Headquarters to be served with sedition charges.
According to Bangkok Metropolitan Police Deputy Commissioner Major-General Chatchawan Suksomchit, the PAD leaders made numerous public statements in violation of articles 116, 215 and 216 of the Thai penal code. The police claimed that these comments were illegal as they were aimed at overthrowing the government, instigating public unrest, and inciting people to break the law.
In recent months, Sondhi and his associates in the PAD have become Thaksin’s most outspoken and high-profile critics. They have organized large, peaceful anti-government rallies in Bangkok and other major cities. The government has responded by branding critics as unpatriotic, and alleging that they are using unconstitutional tactics to overthrow the Thaksin government and undermine the democratic process in Thailand.
On June 29, sedition charges were also filed against eight other PAD members – Suriyasai Katasila, Karun Saingam, Rosana Tositrakul, Pian Yongnu, Suvit Watnu, Chaiwat Sinsuwong, Uychai Watta and Serichai Mai-ngam.
In recent remarks at a gathering of senior government officials on June 29, Thaksin vowed to protect democracy with his life. He said, “I will not allow any attempts to erode democracy while I am prime minister.” Yet, since coming to power in 2001, Thaksin has used a potent combination of state and corporate power to intimidate and silence critics. In its confrontation with the PAD, the Thai government has moved aggressively to freeze freedom of expression and of the media by filing, or having surrogates file, criminal defamation suits and exorbitant civil defamation claims against prominent activists and independent journalists and media organizations.
Last year, Sondhi faced more than 10 years in prison and fines and damages of over US$50 million from six defamation suits filed by the prime minister. The cases were dropped after the intervention of King Bhumibol Adulyadej, who urged Thaksin to accept criticism. However, in June 2006, the prime minister filed a new set of criminal and civil defamation charges against the PAD and Sondhi’s Manager Media Group, as well as editors of Matichon newspaper, Khao Sod newspaper and Daily News newspaper. He also filed a civil defamation lawsuit against the opposition Democrat Party and its leaders, seeking compensation of US$25 million in response to their comments on corruption scandals in the government.
Human Rights Watch said that freedom of expression is a cornerstone upon which the very existence of a democratic society rests, and political speech and public debate are most highly valued as part of that right.
As a state party to the International Covenant on Civil and Political Rights (ICCPR), Thailand must uphold and take measures to ensure the realization of this right. Article 19 of the ICCPR states that, “Everyone shall have the right to the freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” Further, article 39 of the 1997 constitution of Thailand – which was the result of a long struggle for the recognition of basic rights under Thai law – says that, “A person shall enjoy the liberty to express his or her opinion, make speeches, write, print, publicize, and make expression by other means.”
“The misuse of the legal system to silence critics, the media, and opposition parties is perhaps the most serious threat to Thai democracy,” said Adams. “Thaksin should spend more time in open public debate and less time using the police and lawyers to harass his critics.”
