Advocacy for Somyot by HKCTU, Hong Kong

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    HONG KONG CONFEDERATION OF TRADE UNIONS

    557-559 1919/F., WING WONG COMMERCIAL BLDG., 557-559 NATHAN ROAD, KLN, H.K./Websitewww.hkctu.org.hk /[email protected] /Tel2770 8668 /Fax2770 7388

    H.E. Yingluck Shinnawatra

    Prime Minister

    Office of the Prime Minister

    Government House

    Thanon Phitsanulok, Dusit

    Bangkok 10300, Thailand

    January 16, 2013

    Subject: Judicial harassment against Thai human rights defender and editor Somyot

    Prueksakasemsuk

    Your Excellency,

    We, the undersigned individuals and civil society organizations in Thailand and around the world, write

    to you once again to urge Thailand to respect international human rights law and protect freedom of

    expression by ending the judicial harassment against Somyot Prueksakasemsuk and securing his

    unconditional release at the earliest instance. A father of two, Somyot has already been in remand

    detention for 21 consecutive months on the so-called lese majeste charges, for having published two

    satirical political commentaries in a magazine he edited.

    The United Nations Working Group on Arbitrary Detention considers Somyot's detention to be

    arbitrary and in violation of international law, and has called for his release. Thai academics,activists, families of those affected by the lese majeste law, and colleagues of Somyots have

    repeatedly called for Somyots release.We also wish to stress that the constant denial of his

    right to bail- 12 time so far is inconsistent with the principle of presumption of innocence. The

    Royal Thai Government should respect the constitutional provisions granting the right to bail, in

    accordance with international fair trial standards

    The chorus of domestic opposition to the abuse of the lese majeste law is growing by the day and the

    handling of Somyots case is a crucial litmus test of the Royal Thai Governments commitment to the

    rule of law and democratic principles.

    A verdict on Somyots trial is expected to be delivered by the Criminal Court on January 23,

    2013. We believe that he should not have been charged in the first place. Somyots right to

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    freedom of expression, regardless of his political opinion, is protected both by the Constitution

    and by the International Covenant on Civil and Political Rights (ICCPR), which is binding on

    Thailand. Whether the two articles on which the charges against Somyot were based constitute

    criminal offence is also highly questionable. Rather than witch-hunting political opponents,

    ensuring an open and free space for discussion of politics and other issues of public interests

    reduces social tension and contributes to a national reconciliation.

    Criminalizing political speech and persecuting an editor who was not the author does not reflect the

    commitment to human rights Thailand has often professed on the international stage, especially as a

    country that plans to seek a seat on the UN Security Council and is a member of the Human Rights

    Council. Once upon a time, Thailand claimed to be a democracy and was in fact considered as one of

    the most progressive countries within ASEAN, but the abuse of restrictive legislations to criminalize

    citizens like Somyot has since undermined Thailands credibility and its efforts to distinguish itself from

    authoritarian regimes in the region.

    We remain hopeful that the Royal Thai Government still attaches importance to human rights and can

    end unjust actions against its citizens. We therefore respectfully call upon your administration and all

    organs of the Government to take all appropriate steps to ensure that Somyots arbitrary detention ends

    immediately and that he is able to exercise peacefully his fundamental human rights, without reprisals of

    any kind, including at the judicial level.

    Thank you for your serious consideration of our concerns and recommendations. We look forward to

    your response and actions in favor of freedom of expression.

    Sincerely yours,

    Lee Cheuk-yan

    General Secretary

    Hong Kong Confederation of Trade Unions

    Copied to:

    H.E. Mr. Pracha Promnok

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    Minister of Justice

    22nd Floor Software Park Building

    Chaeng Wattana Road

    Pakkred, Nonthaburi 11120, Thailand

    Fax: +66 2 650 9340 / 2 502 6734 / 2 502 6884

    E-mail: [email protected] , [email protected]

    H.E. Mr. Surapong Tovichakchaikul

    Minister of Foreign Affairs of Thailand

    443 Sri Ayudhya Road

    Bangkok 10200, Thailand

    Fax: +66 2 643 5320 / 2 643 5314 / 2 643 5272

    Email: [email protected], [email protected], [email protected]

    Mr. Jullasingha Wasantasingha

    Attorney General

    Office of the Attorney General

    Lukmuang Building, Nahuppei Road

    Prabraromrachawang, Pranakorn

    Bangkok 10200, Thailand

    Fax: +66 2 224 0162 / 1448 / 221 0858

    E-mail: [email protected] [email protected]

    Mr. Pairoj Wayuparp

    The President of the Supreme Court of Justice of Thailand

    6 Ratchadamnoen Nai Road,

    Prabarommaharatchawang, Phranakorn,

    Bangkok 10200, Thailand

    Fax: 02-1434308; +66 2226-4389

    Email: [email protected]

    Mr. Tavee Prajuablarp

    Chief Judge of the Criminal Court of Thailand

    Radchada Pisek Road, Jormpon Sub-District, Jatujak District

    Bangkok 10900, Thailand

    Fax.+66 2541 2141

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    H.E. Mr. Thani Thongphakdi

    Ambassador Extraordinary and Plenipotentiary

    Permanent Representative

    Permanent Mission of Thailand to the United Nations Office and other international organizations in

    Geneva

    Rue Gustave Moynier 5

    1202 Geneva, Switzerland

    Fax: +41 22 715 10 00 , +41 22 715 10 02

    Email: [email protected]

    H.E. Mr. Norachit Sinhaseni

    Ambassador Extraordinary and Plenipotentiary

    Permanent Representative

    Permanent Mission of Thailand to the United Nations in New York

    351 East 52nd Street

    New York, N.Y. 10022, USA

    Fax: +1 212 688 3029

    E-mail: [email protected]

    Dr. Seree Nonthasoot

    Thailands Representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR)

    Email:[email protected]

    Professor Amara Pongsapich

    Chairperson of the National Human Rights Commission of Thailand

    120 Chaengwattana Road, Laksi District

    Bangkok 10210, Thailand

    Fax. +66 2 141 3900

    Email: [email protected], [email protected], [email protected]

    mailto:[email protected]:[email protected]:[email protected]:[email protected]