Thai historian Thongchai Winichakul joined with representatives from the Cross Cultural Foundation and Thai Lawyers for Human Rights to submit a petition to the Criminal Court requesting the removal of leg shackles from detained human rights lawyer Anon Nampa during his royal defamation trial. The petition argues that the shackles violate Anon’s human dignity.

The petition, filed on Wednesday (28 May), was submitted after Anon Nampa was seen with both legs shackled while being transferred from the Bangkok Remand Prison to the Ratchada Criminal Court to attend his royal defamation trial.

According to Thongchai, requiring detainees to wear a prison uniform or shackles during trial is a violation of human rights and dignity which contradicts the principle of presumed innocence.

In his statement, Thongchai stressed that the inappropriate use of shackles is an often-overlooked issue in the justice system and the Department of Corrections.

He noted that the 2017 Corrections Act stipulates that shackles only be used with high-risk prisoners or those who have attempted escape in the past, not detainees like Anon, a prominent figure in the international community who has been widely and repeatedly recognised for his work to protect human rights. His royal defamation cases have drawn global attention and Thongchai argues that images of him shackled in court undermine the credibility of Thailand’s judicial system.

The petition, filed to address Anon’s case, urges the Court to hold an inquiry with the officers responsible for Anon’s custody to consider whether the use of leg shackles is truly necessary.  Although such petitions must be submitted on a case-by-case basis, Thongchai hopes that it will provide a standard legal procedure that can be used to help other detainees.

“If the call for Anon in this case is successful, it would return the practice to what it should be and prohibit the widespread use of shackles. If they are to be used, an inquiry must be conducted to justify an exception. Exceptions would remain exceptions and the general rule would respect and adhere to the spirit of the law as it should,” noted Thongchai.

Anon has been held in detention since 26 September 2023 for seven royal defamation convictions. The hearing on 28 May was his eighth and the Court sentenced him to an additional two years in prison. He now faces a cumulative prison sentence of 22 years, 25 months, and 20 days.