On 12 December 2007, a protest was held by a coalition of non-governmental organisations (NGOs) to voice their opposition to the NLA's attempts to pass a series of bills affecting civil liberties in Thailand before the general election that was scheduled to be held on December 23. The NLA was an unelected, interim legislature in place since 2006, when the Council for National Security, a military junta, overthrew the Thai government led by Thaksin Shinawatra.

The coalition, led by Mr. Jon Ungphakorn, Chair of the NGO Coordinating Committee on Development (NGO-COD) attempted to stop the assembly from considering legislation that would fundamentally affect civil liberties, when a new legislature with a democratic mandate was about to be elected. Among the eight bills that the coalition objected to were the Internal Security Bill, that would entrench elements of the military regime and the Radio and Television Bill that would perpetuate the military's and bureaucracy's monopoly over these elements of the press. The hurried passing of these bills into the statute books would be a step away from the promised democratic changes and would place legislation on the statute books that was not carefully worded or scrutinized, which in turn could lead to more conflict further down the line.  

The protestors formed a human chain around the Parliament Building in an attempt to stop members of the NLA from entering. However, members of the NLA were able to enter the building from a fourth, mostly unused entrance and to begin the session. Following this the protestors scaled the walls using ladders to enter the building, in order to end the session. The protestors came into contact with security forces within the building, however the protest remained peaceful and no one was injured. The protestors started a sit-in within the NLA building which led to an indefinite suspension of the session.

Despite the peaceful conclusion of the protest and acknowledgement by members of the NLA that the protestors' demands were reasonable, the Police brought a series of charges against the protestors. The Police were acting on a complaint by the NLA Secretary-General, Suwimal Bhumsingharaj, which alleged that the protestors had used force against the police and parliament members while attempting to disrupt the NLA session.

The activists who were charged on December 25 at the Metropolitan Police Bureau are:

1. Mr. Mr. Jon Ungphakorn, Chair of the NGO-COD
2. Ms. Supinya Klangnarong, Media Reform Campaign
3. Ms. Saree Ongsomwang, Customer's Network
4. Mr. Sawit Kaewwan, Confederation of State Enterprise Labour Union Leader
5. Mr. Amnart Phalamee, Confederation of State Enterprise Labour Union Leader
6 .Mr. Sirichai Mai-ngam, Labour Union of Electricity Generating Authority of Thailand
7. Mr. Pichit Chaimongkol, Campaign for Popular Democracy
8. Mr. Anirut Khaosanit, Council of People's Organizations Network in Thailand
9. Mr. Pairoj Polphet, Union for Civil Liberty 
10. Mr. Nasser Yeema, Friend Of People

They were charged with (1) Trespass by using force or joining with 2 or more persons to commit crimes (2) Illegal gathering and using force with more than 10 people for the purpose of intimidation and causing unrest in society (3) Failing to disperse when ordered to by the police (4) gathering with more than 5 persons to force others to act or not act against their will out of fear for their safety or their lives (5) detaining and obstructing others against their will and (6) using loud speakers without permission.

The accused reported to the police station on 22 January 2008 to hear the charges against them. They maintained that their actions were a legitimate means of expressing their constitutional rights to opinion and expression after the speaker of the house refused to meet with them to discuss their concerns.

They have been given a 15-day extension to submit more information to investigators.

ADDITIONAL COMMENTS:

The right to freedom of opinion and expression and the right to freedom of assembly are enshrined in section 45 and section 63 respectively of the 2007 Constitution of Thailand.

However, it is often the case that when protestors attempt to make their views known through peaceful protests they get the metaphorical "book thrown at them". A similar bundle of offences have been used against protestors in the past. The cumulative penalty that can result from these charges may be up to as many as 26 years imprisonment. (See commentary Protest more serious than killing at UPI Asian Online)

The use of punitive charges in an attempt to stifle legitimate protests and concerns by citizens is an unacceptable and worrying trend in Thailand. Other 'legal' means of suppressing opinion have been employed by the state before, for example, when protestors demonstrating against the building of a gas pipeline project on the border with Malaysia were accused of violence against the police. In that case the court found that the protestors were expressing their genuine constitutional rights and we would hope that the Government has learnt from the precedent set by the court. (See AHRC-AS-224-2007)

SUGGESTED ACTION:
Please write to the following authorities below and ask them to withdraw the charges against the protestors. Please also demand that freedom of opinion and expression and freedom of assembly are guaranteed. The AHRC writes separate letter to the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression calling for an immediate intervention in this matter.

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