ทีมข่าว นปช.
10 สิงหาคม 2555
Committee on the Human Rights of Parliamentarians
Inter-Parliamentary Union
The Committee,
Considering that the source affirms that the criminal charges that Mr. Jatuporn still faces in connection with his involvement in the 2010 Red Shirt rallies are whole inappropriate, that the specific charge of participation in an illegal gathering stemmed from the previous government’s unlawful use of emergency powers, and that the terrorism charges on which Mr. Jatuporn and other fellow Red Shirt leaders were indicted in August 2010 are politically motivated (the source points out that while the Red Shirts were accused by the government of committing various acts of violence, there exists no evidence that their leaders played a role in planning the attacks, or even knew about them),
Considering that a hearing in the case is scheduled to take place on 23 July 2012 and that the source fears that the court will order that Mr. Jatuporn be detained again, Bearing in mind that Thailand is a party to the International Covenant on Civil and Political Rights (ICCPR) and therefore obliged to protect the rights enshrined therein,
1. Is deeply concerned that Mr. Jatuporn was disqualified on grounds that appear to directly contravene Thailand’s international human rights obligations;
2. Considers that, although the Thai Constitution specifically provides for the disenfranchisement of persons “detained by a lawful order” on election day, preventing those accused of a crime from exercising the right to vote is at odds with the provisions of the ICCPR, Article 25 of which guarantees the right to “take part in the conduct of public affairs” and “to vote and to be elected at genuine periodic elections” without “unreasonable restrictions”;
3. Considers in this regard that denying an incumbent member of parliament temporary release from prison to exercise the right to vote is an “unreasonable restriction”, particularly in light of the ICCPR provisions guaranteeing persons accused of a crime the right to be presumed innocent (Article 14) and “separate treatment appropriate to their status as unconvicted persons” (Article 10(2)(a)); points out that Mr. Jatuporn’s disqualification also appears to run counter to the spirit of Article 102(4) of the Thai Constitution, which stipulates that only those convicted, not those accused, of a crime lose their right to stand for election once a candidacy has been submitted;
4. Is likewise concerned about the justification for terminating Mr. Jatuporn’s membership in his political party at a time when it had not been established that he committed any wrongdoing and on account of a speech he made that appeared to fall clearly within the exercise of his right to freedom of expression, as borne out by the subsequent dismissal of the charge; is also concerned that the courts can pronounce on the question of party membership when this is first and foremost a private matter between Mr. Jatuporn and his party and there was no dispute between them on the question;
5. Sincerely hopes that, in the light of the above, the competent Thai authorities will do everything possible to reconsider Mr. Jatuporn’s disbarment and ensure that the current legal provisions are fully in line with the relevant international human rights standards; wishes to ascertain the official views on this point;
6. Is concerned about the alleged legal basis and facts adduced to substantiate the charges pending against Mr. Jatuporn and the possibility that the court may order his return to preventive detention; wishes to receive a copy of the charge sheet and to be informed of the outcome of the hearing to be held on 23 July 2012 and of any subsequent hearings;considers that, in the light of the concerns in the case, it would be useful to explore the possibility of sending a trial observer to the proceedings, and requests the Secretary General to look into the matter;
7. Requests the Secretary General to convey this decision to the competent authorities and to the source;
8. Decides to continue examining this case at its next session, to be held during the 127th IPU Assembly (October 2012).
