AHRC-STM-131-2014
July 8, 2014
A Statement from the Asian Human Rights Commission
THAILAND: Re-arrest of editor and human rights defender by Junta
The Asian Human Rights Commission (AHRC) is gravely concernedto have learned that Thanapol Eawsakul, writer, human
rights defender, and editor of Fa Diew Kan (Same Sky) journal and publishing house, has been re-arrested and is being
held by the National Council for Peace and Order (NCPO). The conditions of his re-arrest and detention are arbitrary and
a clear derogation of the Government of Thailand's obligations under the International Covenant on Civil and Political
Rights (ICCPR). The AHRC views his re-arrest and detention, which the junta has claimed is a period of "attitude
adjustment" in relation to his social media postings, as an ominous indication of the ongoing crisis of human rights
following the recent coup in Thailand.
On 22 May2014, led by General Prayuth Chan-ocha, the NCPO took power and abrogated the constitution in Thailand. During
the first six weeks of rule by the junta, there have been severe restrictions placed on freedom of expression and
political freedom, ongoing formal and informal summons to report to the junta, extensive use of arbitrary detention, the
activation of military courts to process dissidents, and the creation of a general climate of fear detrimental to human
rights and the rule of law. Under the terms of martial law, which were put in place two days prior to the coup, soldiers
can detain and interrogate anyone for up to seven days without having to provide evidence of wrongdoing or bring formal
charges. People arrested can be held at irregular places of detention, including permanent or temporary military bases
or other sites designated as places of detention. Detention in irregular places means that the possibility for rights
violations, including torture, forced disappearance and extrajudicial execution is greatly increased.
While the junta has refused to provide full details of the number of people detained and the places of detention, Thai
Lawyers for Human Rights (TLHR), a group of lawyers and human rights defenders who formed following the coup to redress
human rights violations caused by the junta's rule, compiled statistics on the one-month anniversary of the coup. TLHR
noted that during the first month of rule by the junta, at least 454 persons were publicly summoned to report themselves
in Bangkok, and at least 57 were informally summoned in the provinces. The full report can be read in English here and
in Thai here. While the junta has repeatedly claimed that those who are summoned and then held are not being detained,
but are instead being offered "accommodation" and "attitude adjustment," the penalty for not responding to the summons
is possible processing within the military court system and a punishment of a prison sentence of up to two years and/or
a fine of up to 40,000 baht.
Since the first days after the coup was launched, the NCPO has explicitly targeted dissident thinkers, academics, human
rights defenders, journalists, and artists. Thanapol Eawsakul is a long-time editor, writer, and long-time human rights
defender who has consistently worked to create space for the voices of those marginalized and repressed in Thai society,
and has been among those targeted by the junta since the beginning. He was first arrested with several other people
during a peaceful protest against the coup on 23 May and detained for one night at the Signal Department of the Royal
Thai Army (AHRC-STM-099-2014). Then, he was included on the list of persons named in Order No. 5/2557 [2014] on 23 May,
which was broadcast on the radio and television and demanded that those named themselves to the Army Club on Thewet Road
by 4 pm on 24 May (AHRC-STM-100-2014). As he was already in custody at that time, the authorities transferred him to the
Army Club, and he was then detained for an additional seven days, the maximum permitted under martial law. Like all
others released from detention by the NCPO, under Announcement No. 39/2557 [2014], Thanapol was compelled to sign a
statement agreeing to a number of conditions, including that he would not exercise his fundamental human rights to free
expression or assembly, or leave country without permission of the junta. The conditions of release reinforce the
essentially arbitrary character of the process of detention, since they refer to no law and are issued under the
exclusive authority of the junta.
According to information provided by TLHR, Prachatai, and Khao Sod, on the morning of 5 July, Thanapol Eawsakul received
a phone call from an unidentified military officer who requested that he come to Coffee Zelection, a café on
Phaholyothin Soi 7 in Bangkok for a conversation. He complied, and shortly after his arrival, a military officer out of
uniform took him into custody in an unmarked private car and then took him first to the King's Guard, 2nd Cavalry
Division in the Sanam Pao area and then to the Police Crime Suppression Division for further detention. On 7 July, an
official from the Department of the Judge Advocate General in the Ministry of Defense claimed that Thanapol's Facebook
postings constitute a violation of the conditions of his release. He has not been formally charged, and the same
official has publicly claimed that he may be released as soon as 9 July as he is being detained for "attitude
adjustment" and he will be released as soon as this process is complete.
The continued arbitrary detention, use of military courts (See the AHRC's letter on military courts to the United
Nations Special Procedure mandate holders on 2 June 2014: AHRC-OLT-006-2014), and constriction of freedom of expression
by the NCPO are clear derogations of Thailand's responsibilities as a state party to the International Covenant on Civil
and Political Rights. In particular, both instances of the detention of Thanapol Eawsakul are a violation of the
obligations under article 9, which provides specifically that, "1. Everyone has the right to liberty and security of
person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on
such grounds and in accordance with such procedure as are established by law. 2. Anyone who is arrested shall be
informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against
him. 3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer
authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release..."
The AHRC would like to emphasize that there is no legal basis for the detention of citizens without charge for "attitude
adjustment." This is an instance of the repressive and unchecked use of power by the junta.
While the junta has claimed, through the use of martial law, that the current social and political situation represents
a public emergency in which the derogation of responsibilities is permitted, the AHRC's assessment is that no such
situation exists in Thailand at this time. Despite the country's ongoing political unrest, much of which dates to the
prior coup in September 2006, it is beholden on the civilian authorities to deal with that unrest in accordance with
ordinary procedures. Despite the assurances of authorities that they will respect human rights, the consistent
experience in Thailand has been that where special laws have been used, people affected by the laws have encountered a
corresponding increase in cases of arbitrary detention, torture and denial of due process rights. Nothing in the present
circumstances offers reassurances that the same will not occur in the vacuum of protections for human rights created by
martial law and the absence of a vibrant constitution.
The Asian Human Rights Commission unequivocally condemns the coup in the strongest terms and wishes to express grave
concern about the rapid decline of human rights protections it has engendered. The AHRC calls on the NCPO to immediately
release Thanapol Eawsakul and all citizens being arbitrarily detained without charge and to cease creating public terror
throughissuing summons to report to the military, sending private letters of summons, and detaining individuals for
"attitude adjustment" after requesting a meeting on another pretext.Further, the AHRC calls on the NCPO to recognize
that tolerance for different ideas and dissent are part of building a polity grounded in human rights and the rule of
law. To defend human rights and think differently than the junta are not crimes.
ENDS