Kingdom of Thailand
Head of state: King Bhumibol Adulyadej
Head of government: Prayuth Chan-ocha

Military authorities extended their powers to excessively restrict rights and silence dissent in the name of security. Political transition plans were delayed and repression deepened. The numbers of people harassed, prosecuted, imprisoned and arbitrarily detained solely for the peaceful exercise of their rights escalated sharply. Arrests and prosecutions under the lese-majesty law continued to increase. Internal armed conflict continued.

BACKGROUND

In January, authorities impeached former Prime Minister Shinawatra and filed charges against her for dereliction of duty related to her government's rice subsidy scheme for farmers.

In March, the European Parliament announced it would impose a ban on fish imports from Thailand to the EU unless the government took sufficient measures to address human trafficking and forced labour of migrant workers in the fishing industry. In June, Thailand remained on Tier 3 of the US Department of State Annual Report on Trafficking in Persons for failing to adequately address persistent and widespread trafficking of individuals for forced labour and sexual exploitation. In October, the European Parliament issued a non-binding resolution raising concerns about ongoing repression of rights.

Despite international calls for the lifting of restrictions – announced as temporary measures after the May 2014 coup – authorities continued to enjoy wide-ranging powers and impunity for violations under Article 44 of the Interim Constitution and further expanded military involvement in the administration of justice. At the same time as lifting martial law in most areas of the country on 1 April, authorities issued a series of orders, including National Council for Peace and Order (NCPO) Order 3/2015, which retained and expanded restrictive excessive powers previously granted by martial law. These included limiting redress for individuals whose rights were violated. The government further delayed implementation of its roadmap to elections following the National Reform Council's rejection in September of the draft Constitution.

The ongoing implementation of other NCPO decrees, including orders on forest conservation, led to violations such as forced evictions and crop destruction.

A bomb attack in August targeting worshippers and visitors at the Erawan Shrine in the capital, Bangkok, killed 20 people and injured 125 others.

INTERNAL ARMED CONFLICT

Armed conflict continued in the southern provinces of Pattani, Yala, Narathiwat and parts of Songkhla. Civilians were also targets of attacks which were suspected to have been carried out by armed groups.

Two paramilitary rangers charged with the killings of three boys in Bacho, Narathiwat, in February 2014 were acquitted in January. Impunity prevailed for grave human rights violations.

TORTURE AND OTHER ILL-TREATMENT

A draft bill criminalizing torture and enforced disappearance was put before Parliament but had made no further progress by the end of the year.

Reports of torture and other ill-treatment by police and armed forces continued throughout the year.[1] Individuals held by the army in incommunicado detention without safeguards in unofficial places of detention were at greater risk of torture. In September, a temporary military detention facility was opened for civilian detainees; two detainees died in custody there in October and November.

Those seeking redress for torture continued to face obstacles. In March, Bangkok Remand Prison officials denied a National Human Rights Commissioner access to document injuries inflicted on political activist Sansern Sriounren. He said that he was tortured during incommunicado military detention, including through beatings and more than 40 electric shocks.

In several cases of deaths in custody as a result of torture, limited steps were taken towards accountability. However, impunity for perpetrators of these and other instances of torture prevailed.

REPRESSION OF DISSENT

Peaceful critics of the authorities were at risk of arbitrary detention[2] and imprisonment. Many faced arrest, charges and prosecution throughout the year for a range of activities including staging plays, posting Facebook comments and displaying graffiti.[3]

In violation of the right to fair trial, civilians were brought before military courts and charged with offences against "internal security", "the security of the monarchy" and infringements of NCPO orders. Detainees were denied the right to judicial appeal against judgments for acts committed during martial law. The Bangkok Military Court summarily dismissed a number of legal petitions questioning its jurisdiction over civilians and seeking a ruling on the incompatibility of the use of military courts with Thailand's international human rights obligations.

NCPO Order 3/2015 authorized military officers to arbitrarily detain individuals and censor a variety of media, and criminalized public political meetings of more than five people.[4] Legislation requiring prior notification for assemblies and criminalizing unapproved exercise of the right to peaceful assembly and protests near government buildings came into force in August. Legislation providing for increased authority for a committee to take cyber security measures that could result in the military's excessive discretion to conduct cyber surveillance activities and restrict freedom of expression remained in draft form at the end of the year.

Throughout the year, authorities made public comments intimidating the media and calling on them to actively censor "negative" commentary. Military officers actively conducted surveillance on and harassed public commentators, including academics and members of the media; they blocked websites and enforced bans on media and online criticism.[5]

Dozens of individuals were charged and prosecuted under Article 116 of the Penal Code relating to sedition for peaceful acts of dissent, including pro-democracy protests expressing peaceful opposition to military rule. The authorities charged and detained 14 members of the New Democracy Movement, and several activists from the Resistant Citizen group, who carried out separate peaceful public protests in February, March, May and June. Supporters of both groups were charged, including Baramee Chairat, an NGO chairperson and Amnesty International board member; and a retired teacher who handed flowers to Resistant Citizen activists during their protest.[6]

The authorities prioritized enforcement of Article 112 of the Penal Code – the lese-majesty law – and continued to treat criticism of the monarchy as a security offence.[7] The judicial process for such offences was marked by secrecy, closed trials and denial of the right to bail. Military courts handed down more and longer sentences than in previous years, including up to 60 years' imprisonment. Military courts also increased sentences handed down for lese-majesty offences by ordering prison terms for separate offences to be served consecutively.

Dozens of former parliamentarians, journalists, academics and activists were detained by the military under powers granted by NCPO Order 3/2015 to detain people without charge or trial in unofficial places of detention for up to one week without any safeguards such as access to lawyers or families. The government justified these detentions as a means to control freedom of expression and prevent or punish public criticism.

Hundreds of people who had been arbitrarily detained since the coup continued to be subject to restrictions on their rights imposed as conditions for release. Some were subjected to surveillance, intimidation and repeated short-term arrests.

HUMAN RIGHTS DEFENDERS

An unidentified gunman shot and killed land rights activist Chai Bunthonglek of the Southern Peasants Federation of Thailand in Chaiburi, Surat Thani Province, in February. Other members of the group reported ongoing harassment and intimidation in connection with their support for a community involved in a land dispute with an oil palm company.

Court proceedings were initiated in October against at least one military officer for a violent attack in May 2014 on activists of the Khon Rak Ban Ked group in Loei Province in the northeast. The group continued to report acts of harassment and intimidation by the military. One member, Surapan Rujichaiwat, was on trial on defamation charges for a social media post calling for an investigation into the activities of the mining company Tung Khum.

Two journalists from the online news site Phuketwan were acquitted of defamation charges for reproducing a Reuters article exposing official involvement in human trafficking. The Supreme Court also issued an order not to prosecute the NGO Cross Cultural Foundation and its director, after an army officer had pressed charges against the NGO for raising public concern about allegations of torture. The Court dismissed charges of criminal defamation against Andy Hall, a UK national, but he still faced prosecution and a civil suit and possibly million-dollar fines for reporting on labour abuses by a pineapple wholesaler.

REFUGEES' AND MIGRANTS' RIGHTS

In May, the Prime Minister ordered a 10-day crackdown on human trafficking and smuggling camps following the discovery of shallow graves at sites on the Thai-Malay border, believed to be abandoned camps used by traffickers. The senior police investigator into the crimes sought political asylum in Australia, citing fears for his life and official interference in the investigation. A human rights and humanitarian crisis developed as smugglers responded to the crackdown by abandoning overcrowded boats at sea. Thai authorities prevented abandoned Muslim Rohingya from Myanmar and Bangladeshi passengers from landing in Thailand and were slow to set up search and rescue operations for boats in distress.

In the absence of legal protection of the right to asylum, refugees and asylum-seekers remained vulnerable to harassment, detention and refoulement. In August and November, authorities deported 109 people of Turkic origin to China, where they were at risk of violations,[8] as well as two people with UNHCR-recognized refugee status.[9] Authorities arrested and detained scores of asylum-seekers throughout the year, including from Pakistan and Somalia.

DEATH PENALTY

Death sentences were handed down during the year. No executions were reported. Legislation was enacted expanding the scope of crimes for which the death penalty is applicable. Following a ruling by the Supreme Administrative Court in July, prisoners on death row may be held in shackles permanently.


[1] Thailand: Martial law detainees at risk of torture (ASA 39/1266/2015)

[2] Thailand: Post-coup violations continue: is a "temporary situation" becoming chronic? (ASA 39/1042/2015)

[3] Thailand: Military's shutdown of event highlights free speech crackdown (News story, 4 June)

[4] Thailand: Post-coup violations concerns abide one year on and a "temporary situation" is becoming permanent (ASA 39/1811/2015)

[5] Thailand: Inter-Parliamentary Union must urge Thailand to stop persecution of dissenting former parliamentarians (ASA 39/2666/2015)

[6] Thailand: Students charged for peaceful protest (ASA 39/1977/2015)

[7] Thailand: Lese-majesty convictions assault on freedom (News story, 23 February)

[8] Thailand must not send Uighurs to Chinese torture (News story, 9 July)

[9] Thailand/China: Shameful collusion between China and Thailand in targeting freedom of expression and ignoring refugee rights must end (ASA 39/2914/2015)

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