|
The
Observatory has been informed about the latest conviction and
subsequent prison sentence of Mr Anon
Nampa,
a prominent pro-democracy activist and human rights lawyer who has
been arbitrarily imprisoned since September 26, 2023.
On
December 3, 2024, the Bangkok Criminal Court found Anon Nampa guilty
under Article 112 of Thailand’s Criminal Code (“lèse-majesté”)1
and Article 14 of the Computer Crimes Act2
and sentenced him to two years in prison, reduced from three years
because the court deemed Mr Anon's testimony useful to the trial.
This
conviction stems from Mr Anon’s participation in a campaign
conducted in 2020 by pro-democracy protesters to write letters to
King Rama X to reiterate their demands for the reform of the Thai
monarchy. On November 8, 2020, pro-democracy protesters rallied from
Bangkok’s Democracy Monument to the area near the Grand Palace to
deliver the letters. Like many other activists, Mr Anon posted his
letter on his personal Facebook account, criticising the role of the
Thai King as being against democratic principles and calling for a
reform of the Thai monarchy in the framework of a democratic system
with the King as head of state.
The
Observatory notes with grave concern that this marks the fifth
conviction of Anon Nampa under Article 112 of the Criminal Code. Mr
Anon will now serve a total of 16 years in prison for lèse-majesté.
As
a result of this fifth conviction, Mr Anon may be transferred from
the Bangkok Remand Prison, where he has been arbitrarily imprisoned
since his first lèse-majesté conviction on September 26, 2023, to
Klong Prem Central Prison in Bangkok, where prisoners sentenced to
more than 15 years are held.
The
Observatory recalls that on September 26, 2023, the Criminal Court
sentenced
Anon Nampa to four years in prison on one count of “lèse-majesté”,
and imposed a fine of 20,000 baht (approximately 525 Euros) for
violation of the Emergency Decree. This legal action arose from a
speech that Mr Anon delivered on October 14, 2020, during a peaceful
demonstration
at Bangkok’s Democracy Monument, where protesters had gathered to
call on the government to comply with the three demands put forward
by the pro-democracy movement that began in February 2020, including
the reform of the Thai monarchy.3
Mr Anon was charged with “lèse-majesté” over his statements
referring to King Rama X as the person with the sole authority to
order the dispersal of protests, instead of the riot police. On
September 30, 2023, the Court of Appeals rejected Mr Anon’s request
for bail, citing the severity of his sentence and the fact that he
would be a flight risk, if released on bail.
On
January 17, 2024, the Bangkok Criminal Court found Anon Nampa guilty
of one count of lèse-majesté and Article 14(3) of the Computer
Crimes Act, and sentenced
him to four years in prison. These charges stemmed from three
Facebook posts he published on January 1 and January 3, 2021,
questioning the enforcement of Article 112 of the Criminal Code and
advocating for the right to freedom of expression in connection with
criticism of the Thai monarchy.
On
April 29, 2024, the Bangkok South Criminal Court found Mr Anon guilty
under one count of lèse-majesté
and
the Emergency Decree, and sentenced
him to two years and 20 days in prison, in relation to a speech he
gave during a
protest
in central Bangkok on August 3, 2021, during which he criticised the
transfer of public property into King Rama X’s personal ownership
and called for the reform of the Thai monarchy.
On
July 25, 2024, the Bangkok
Criminal Court found Anon Nampa guilty under Article 112 of
Thailand’s Criminal Code and Article 14 of the Computer Crimes Act,
and sentenced
him to four years in prison, in relation to the publication by Mr
Anon of two Facebook posts on January 11 and February 3, 2021, in
which he allegedly criticised King Rama X.
The
Observatory further recalls that Anon Nampa is currently facing legal
action in connection with nine more lèse-majesté cases. Mr Anon was
previously arbitrarily detained
twice. From February 9 to June 1, 2021, he was detained for 113 days
on charges of lèse-majesté and sedition (Article 116 of Thailand
Criminal Code). These charges were related to a speech concerning the
Thai monarchy that he delivered during a peaceful pro-democracy
protest at Bangkok’s Sanam Luang on September 19, 2020. The second
detention spanned 202 days, from August 11, 2021, to February 28,
2022, in relation to 12 additional lèse-majesté cases. His
temporary release requests were denied numerous times.
The
Observatory recalls that on August 30, 2024, the United Nations
Working Group on Arbitrary Detention (WGAD) found
Anon Nampa’s detention “arbitrary” and urged the Thai
government to release him “immediately” and “accord him an
enforceable right to compensation and other reparations”, in
response to a petition
filed jointly by FIDH and Thai Lawyers for Human Rights (TLHR) on
March 5, 2024.
The
Observatory notes with concern that between November 19, 2020, and
November 25, 2024, 276 people, including many human rights defenders
and 20 minors, were charged under Article 112 of the Criminal Code.
Fifteen
of them are currently detained pending trial or appeal, and nine more
are serving prison sentences. On May 14, 2024, youth activist “Bung”
Thaluwang,
detained pre-trial under “lèse-majesté”, died
in custody
after a prolonged hunger strike that ended in April 2024.
The
Observatory strongly condemns the recent conviction, sentencing, and
continued arbitrary imprisonment of Anon Nampa, along with the
ongoing judicial harassment against him. These actions appear to be
solely aimed at punishing him for his legitimate human rights
activities and the exercise of his rights to freedom of expression
and of peaceful assembly.
The
Observatory calls on the Thai authorities to immediately and
unconditionally release Mr Anon and all other arbitrarily detained
human rights defenders in the country and to put an end to all forms
of judicial harassment against them.
|
