The International League Against Arbitrary Detention urges the Government of Thailand to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 49/2023 concerning Tantawan Tuatulanon, asking the Government of Thailand to immediately and unconditionally release her and to accord her an enforceable right to compensation and other reparations in accordance with international law.
Read the full WGAD Opinion concerning Tantawan Tuatulanon (Thailand): Opinion No. 49/2023.
ARBITRARILY DETAINED ARRESTED AFTER PEACEFUL PROTESTS
Tantawan Tuatulanon is a Thai university student and pro-democracy activist. She was 20 years old at the time of her detention. She was first arrested on the 26th of February 2022 for conducting a poll on whether the lèse-majesté laws should be repealed, before being fined and released. On the 5th of March, she was again arrested, this time for a having allegedly criticised the monarchy during a live-stream during a farmer's protest. Both times, no warrant was provided during the arrest. Ms. Tuatulanon was then detained under section 112 of the Criminal Code, which stipulates a prison sentence of between 3 and 15 years for anyone who defames, insults or threatens the King, the Queen, the Heir-Apparent or the Regent. On the 6th of March, she was charged under the lèse-majesté laws.
Though originally released on bail, her bail was revoked on the 20th of April 2022, allegedly because of Ms. Tutatulanon's social medias activities. The following day, Ms. Tuatulanon began a hunger strike to protest against her pre-trial detention. After 37 days of hunger strike, she was released on conditional bail for 30 days. During this time, she was not permitted to leave her residence except when a detailed motion was filed and the court approved the motion; she was also required to wear an ankle bracelet that monitored her location. Moreover, the source noted Ms. Tuatulanon was forbidden from leaving the country, which was still true at the time of the source's communication.
On 16 January 2023, Ms. Tuatulanon appeared in court to revoke her own bail and to demand the release on bail of other political activists and the adoption of judicial and legal reforms, including revocation of laws on sedition and lèse-majesté. Ms. Tuatulanon was detained as a result. She started another hunger strike and had to be transferred to the hospital a few days later. Following her final discharge from hospital on the 23rd of March 2023, Ms. Tuatulanon was allegedly released pending trial. Ms. Tuatulanon’s trial was scheduled to begin in August 2023. If convicted, she faces up to 15 years in prison.
The Working Group did not receive any response from the Government which did not request an extension of the time limit for its reply.
ARRESTED WITHOUT WARRANT AND PURSUANT TO LEGISLATION THAT VIOLATES INTERNATIONAL HUMAN RIGHTS LAW
Ms. Tuatulanon was arrested without a warrant on the 5th of March 2022, which the Government did not deny. The Working Group found the lack of a legal basis to be in violation of articles 3 and 9 of the Universal Declaration of Human Rights and article 9 (1) of the Covenant.
If later released on conditions, Ms. Tuatulanon was however detained and deprived of liberty immediately following her arrest on the 5th of March 2022 and thoughout her stay at Thammasat University Hospital. The excessive high bail conditions or bail thresholds constituted further barriers for her to enjoy her right to pre-trial release. The Working Group thus found a violation of article 9(3) of the Covenant. Moreover, the Working Group considered that her late conditional bail, which greatly resembled house arrest, is tantamount to deprivation of liberty.
Lastly, while the Thai authorities have exclusively relied on section 112 of the Criminal Code to justify her arrest and pretrial detention, the Working Group recalled its previous findings that this above-mentioned section is vague and overly broad. As such, the Working Group considered that Ms. Tuatulanon is being detained pursuant to legislation that violates article 11(2) of the Universal Declaration of Human Rights and article 15(1) of the Convenant.
Considering the above, the Working Group found that the arrest and detention of Ms. Tuatulanon were arbitrary under category I.
ARBITRARY DETAINED AFTER EXERCISING HER RIGHT TO FREEDOM OF OPINION AND EXPRESSION
On the 5th of March, Ms. Tuatulanon was arrested after live-streaming, and then her release on bail was revoked for her social media activities. Both situations were considered defamatory to the monarchy. Differently said, every time she has been detained, it followed an act of expressing her beliefs of the monarchy through various means of dissemination.
The Working Group considered that it was not possible that her conduct could threaten the rights or reputations of others, national security, public order, public health or morals, and that the sentence of imprisonment for the exercise of fundamental rights is disproportionate. Therefore, it found the deprivation of liberty of Ms. Tuatulanon as arbitrary under category II as it resulted from the exercise of her right to freedom of expression, guaranteed under article 19 of the Universal Declaration of Human Rights and article 19 of the Covenant.
UNDUE DELAYS IN THE PROCEEDINGS, IN VIOLATION OF HER RIGHT TO A FAIR TRIAL AND DUE PROCESS
Ms. Tuatulanon's trial has been scheduled more than a year and a half after her arrest. Besides, the source emphasised that not only the facts of the case do not require an in-depth investigation, but also that the prosecution unnecessarily delayed the proceedings, notably by failing to answer the defence counsel filings. Such delays are by the way quite common in the proceedings against activists in Thailand. As such, the Working Group considered that the date scheduled for the trial was unacceptably long, thus in violation of articles 9 (3) and 14 (3) (c) of the Covenant which guarantee the rights to be trialed within a reasonable time and so without undue delay.
Therefore, the Working Group found this violation of Ms. Tuatulanon's right to a fair trial and due process to be of such gravity that it rendered her detention arbitrary under category III.
CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION
In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Tantawan Tuatulanon was arbitrary and fell under categories I, II and III because the deprivation of liberty of was in contravention of articles 3, 9, 11 and 19 of the Universal Declaration of Human Rights and articles 9, 14, 15 and 19 of the International Covenant on Civil and Political Rights.
The Working Group recommended that the Government of Thailand take the necessary steps to remedy the situation of Ms. Tuatulanon without delay and bring it into conformity with the relevant international norms. The Working Group urged the Government of Thailand to ensure a full and independent investigation of the circumstances surrounding the arbitrary deprivation of liberty of Ms. Tuatulanon and to take appropriate measures against those responsible for the violation of his rights. The Working group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release her immediately and accord her an enforceable right to compensation and other reparations, in accordance with international law.
Eventually, the Working Group also requested the Government of Thailand to bring its laws, and especially the section 112 of its Criminal Code, into conformity with international human rights law.
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