Posted 2010/11/5

Thailand: Judicial harassment of online activist and human rights defender Ms Chiranuch Premchaiporn

Human rights defender Ms Chiranuch Premchaiporn must report to the police once a month since her release on bail on 25 September 2010.

Further Information

Ms Chiranuch Premchaiporn had been arrested the previous day at Suvarnabhumi Airport in Bangkok while returning from an international conference on internet freedom in Budapest, Hungary.

Her trial on charges of lèse majesté offences related to online comments has reportedly been scheduled to begin in February 2011. Chiranuch Premchaiporn is Director of Prachatai, an independent online newspaper which reports on freedom of expression issues in Thailand.

On 24 September 2010 Chiranuch Premchaiporn was re-entering Thailand at Suvarnabhumi Airport when she was detained by immigration police. Chiranuch Premchaiporn had attended a conference on the theme of “Internet at Freedom 2010” in Budapest, sponsored by the Central European University and by Google.

Following her detention, she was informed for the first time that charges had been filed against her in Khon Kaen province in north-eastern Thailand, and that the Khon Kaen police had a warrant for her arrest. She was transferred by car to Khon Kaen, where she was interrogated.

Chiranuch Premchaiporn was formally charged under Article 112 of the Criminal Code, which defines Thailand's lèse majesté laws: anyone who “defames, insults or threatens” the Royal Family may be imprisoned for up to fifteen years.

She was also charged under Article 116 of the Criminal Code 1956, which prohibits incitement to violence, disturbance or law-breaking in the country, and under Articles 14 and 15 of the Computer Crimes Act 2007, which relate to the use of computer data which is “likely to damage the country's security or cause a public panic”, and which carry a maximum sentence of five years in prison and a fine.

Authorities have reportedly used the 2007 Act to block thousands of websites under allegations that they may be deemed insulting to the monarchy.

Chiranuch Premchaiporn was informed that the charges against her stem from a complaint filed with the police in 2009 regarding her failure to remove five comments with alleged lèse majesté content from Prachatai. The comments were posted in response to an interview with Mr Chotisak Onsoong, who has been charged with lèse majesté for not standing up when the royal anthem was played before a film screening.

Chiranuch Premchaiporn was released shortly after midnight on 25 September after posting bail of 200,000 baht (approximately $6,525 USD). She was informed that she must report to the Khon Kaen police on 28 October 2010.

Her next appointment with the police in Khon Kaen has been set for 9 December 2010. It has been reported that the arrest warrant for the human rights defender was originally issued on 8 September 2010, yet was not implemented until 24 September.

In addition, Chiranuch Premchaiporn was informed by Police Lt. Col. Chachapong Pongsuwan that she had not been told about the charges against her before her questioning by Khon Kaen police because the case against her was “a serious matter.”

Chiranuch Premchaiporn was previously arrested in March 2009 after a police raid on Prachatai's office, and was later charged with ten counts of alleged lèse majesté offences related to similar comments which were posted on the website.

Although Chiranuch Premchaiporn did remove the offending comments, the authorities alleged that she did not do so quickly enough. Under these charges, which remain pending against her, Chiranuch Premchaiporn may face up to 20 years in prison. Her trial has reportedly been scheduled to begin in February 2011.

Front Line is concerned regarding the arrest, judicial harassment and charges against Chiranuch Premchaiporn, as it is believed that these have been brought against her solely as a result of her work in the defence of human rights, particularly freedom of expression and the press. Front Line expresses its concern regarding ongoing interference with freedom of the media and the right to freedom of expression in Thailand.

Action Update Needed. Before taking further action on this case please contact info@frontlinedefenders.org for further information