The UN has sent a letter to the Thai government expressing concerns over its use of the Pegasus spyware against at least 35 activists which it deems a violation of privacy rights protected under international covenants.

A letter from the UN Special Rapporteurs expressed concerns about the use of the Pegasus spyware from the Israeli-based NSO Group, which was used to target those involved in political and human rights movements in Thailand.

The UN revealed that this particular spyware had infiltrated the electronic devices of at least 35 people, including human rights activists, academics, political leaders, social workers, and political activists during the pro-democracy protests in 2020-2021.

In 2022, it was revealed during a parliamentary debate that three MPs of the Move Forward Party (MFP) and two members of the Progressive Movement had also been targeted between December 2020 and August 2021. These victims were known for their strong criticism of the Gen Prayut Chan-o-cha administration and their active participation in political and human rights activities in Thailand.

Apart from politicians, 35 pro-democracy activists were spied on by the Pegasus spyware. They have also received threats and face legal action resulting from their involvement in political protests.

The UN stated that after the government’s use of the Pegasus spyware was disclosed, the government, through the Minister of Digital Economy and Society, responded to the allegations on 19 July 2022 by stating that the spyware was indeed used for national security and drug suppression purposes. But on 21 July 2022, Prime Minister Gen Prayut Chan-o-cha denied the existence of the spyware, a claim repeated by the Ministry of Defence. On 22 July 2022, the Minister of Digital Economy and Society reversed his statement and claimed that no spyware was being used in Thailand.

In September 2022, those affected by the spyware filed complaints with parliament’s Committee on Political Development and with the National Human Rights Commission. In November 2022, they filed a lawsuit against the NSO Group at the Civil Court on Ratchadaphisek Road, but the Court later refused to accept the suit, saying that the complainants lacked evidence to demonstrate a joint interest in the case.

The UN mentioned particular victims targeted with the Pegasus spyware including Yingcheep Atchanont, a human rights defender from iLaw, an organization which campaigns on freedom of expression, association, and assembly. During the period when he was under surveillance, Yingcheep campaigned for constitutional amendments to better protect human rights and the rule of law. On 9 August 2021, Yingcheep’s name also appeared on an Immigration Bureau watchlist.

Through digital forensic investigations, it was found that Yingcheep’s mobile phone had been infected with the Pegasus spyware at least ten times between November 2020 and December 2021. The UN Special Rapporteurs believe that this may be retaliation by the Thai authorities against Yingcheep’s work in defending human rights.

Another victim is Panusaya Sithijirawattanakul, a political activist and human rights defender from the United Front of Thammasat and Demonstration, who played a prominent role in the 2020-2021 protests. The Thai government, under Gen Prayut Chan-o-cha, initiated legal proceedings against Panusaya on multiple charges, including Section 112, known as the royal defamation law, and she was also placed on the Immigration Bureau watchlist. Digital forensic investigations found that Panusaya’s phone was infected with the Pegasus spyware at least four times between June and September 2021.

Puangthong Pawakapan, a professor in political science at Chulalongkorn University, was also targeted by the Pegasus spyware. Her research focuses on the Thai military, including orders to spy on Thai citizens and organizations opposing the government. Puangthong also led a civil society investigation into the crackdown on the Red Shirt movement in 2010 and has called for an amendment to the royal defamation law.  Puangthong’s phone was infected with the Pegasus spyware at least five times between May and July 2021 although she was not directly involved in the anti-government protests at that time.

One of the politicians attacked by the Pegasus spyware is an MP from the MFP, Benja Saengchan. She played a significant role in demanding an investigation into the government’s use of the national budget, as well as issues related to the monarchy. She also defended human rights, including freedom of expression and peaceful assembly, and freedom from arbitrary arrest and detention. Benja’s phone was infected with the Pegasus spyware at least three times between June and July 2021.

The UN stated that at the time of writing, the Thai government had not taken any measures to protect those who have been unlawfully targeted.

UN Special Rapporteurs further noted that the rights to freedom of expression and peaceful assembly are protected under International Covenant on Civil and Political Rights (ICCPR). Article 17 of the ICCPR also protects the right to privacy, stating that no one shall be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence, including their mobile phones.