Sirikan Charoensiri

Cases
Location of case in SG report
2018-105-001
Relevant SG report
Year of the report
2018
Country Geolocation

Latitude: 15.870032

Longitude: 100.992541

Country Geolocation (linked Cases)
Thailand
From Region
UN body that raised the case prior to the SG report
  • Assistant Secretary-General
  • UN Special Procedures: Thematic
Dates of prior UN action
11 April 2017; March 2018; 27 April 2018
Type of record
Named individual
Gender
Female
Was the victim a foreign national?
No
Was the victim a minor?
No
Individual's/organization's activity

of Thai Lawyers for Human Rights; She had represented 14 student activists arrested by the Thai authorities for their alleged participation in peaceful protests in June 2015, following the military coup in May 2014. She is also engaged in awareness-raising on law and human rights issues related to the enforcement of martial law and the orders of the National Council for Peace and Order

Type of rights defended
  • Civil/political rights
Was the victim a civil servant or member of the security forces or of the judiciary?
No
Reported trigger of reprisal

participation in the thirty-third session of the Human Rights Council in September 2016; also participated in the March 2017 session of the Human Rights Committee, where she publicized her legal advocacy efforts

Engagement with UN body
  • UN Treaty Bodies: HRC
  • UN Human Rights Council: UN Human Rights Council - General
Dates of engagement
September 2016; March 2017
Type of attempted engagement
  • Participation in meeting on UN premises
Dates of mentioned reprisals
February 2016; September 2016;
Reprisal information

charged with the offences of giving false information regarding a criminal offence. charges she received, sedition and gathering five or more people for political purposes under the criminal code, may be directly linked to her cooperation with the United Nations

In February 2016, Ms. Charoensiri had been charged with the offences of refusing to comply with the order of an official and concealing of evidence and, in September 2016, upon return from the Human Rights Council, she was further charged under the National Council for Peace and Order and with sedition.

Types of reprisals suffered
  • Charge/Investigation/Prosecution: Charge/Investigation/Prosecution - General
Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
No
Does the report make general comment about country’s environment for engagement with UN?
No
Further case development

It is reported that, if found guilty, she could face up to 15 years in jail and could be tried in a military court for a sedition charge.

Government response dates
10 August 2017
Government response content

stating that Ms. Charoensiri was not charged due to her capacity as a lawyer or human rights defender, but on the basis of the possibility of her being one of the principals or accomplices in committing alleged offenses under article 12 of the NCPO Order No. 3/2015 and article 16 of the Criminal Code.

Is the country cited for a "pattern of reprisal" in the context of this case?
No
Is a pattern of reprisals mentioned otherwise in the context of this case?
No
Does the report cite "self-censorship" as an issue in the context of this case?
No
How many times has the case been followed up in subsequent SG reports?
3
In which SG report was this case followed up on? 0
2019
Follow up information provided in SG report 0

  1. The case of Ms. Sirikan Charoensiri, of Thai Lawyers for Human Rights, was included in the 2018 report of the Secretary-General (A/HRC/39/41, para.70 and Annex paras. 105–106) regarding criminal charges reportedly linked to her participation at the Human Rights Council in September 2016. Four special procedures mandate holders raised concerns (THA 2/2017) to which the Government responded. 159 Ms. Charoensiri also participated in the March 2017 session of the Human Rights Committee, where she publicized the case of 14 student activists arrested for their alleged participation in peaceful protests following the military coup in May 2014. It was reported that, if found guilty, Ms. Charoensiri could face up to 15 years in jail and could be tried in a military court for sedition. During the reporting period, Ms. Charoensiri’s trial was postponed for the 11th time. On 22 October 2018, the Government provided information that the three criminal complaints against Ms. Charoensiri were still being investigated. It noted that she was not being charged in her capacity as a lawyer or human rights defender but on the possible basis of being one of the principal offenders or accomplices in the alleged offenses. It also noted that there was currently no legal proceeding against Ms. Charoensiri in the Military Court.

  2. On 28 June 2019, the Government responded to the allegations providing detailed comments. The Government requested further details on the intimidation and threats against Mr. Chamroensuksakul and his family, in order to better understand how they relate to his cooperation with the UN. The Government also noted that the Ministry of Foreign Affairs has asked relevant agencies to verify this case and is waiting for more information. Regarding the situation of Ms. Sirikan Charoensiri, the Government further updated that the case had been postponed eleven times due to the procedures of the Office of the Attorney General, in particular its criminal procedure codes. The next hearing of the indictment decision is scheduled for late June 2019.

Followup Trends 0
Stayed same
Did the government respond? 0
Yes
In which SG report was this case followed up on? 1
2020
Follow up information provided in SG report 1
  1. The case of Ms. Sirikan Charoensiri, of Thai Lawyers for Human Rights, was included in the 2018 (A/HRC/39/41, para.70 and Annex I, paras. 105–106) and 2019 (A/HRC/42/30, Annex II, para. 100) reports of the Secretary-General on allegations of criminal charges linked to her participation at the Human Rights Council in September 2016 (THA 2/2017). 83 It was reported that, on 26 August 2019, the charges against Ms. Charoensiri of “concealing evidence” and “non-compliance of an official order” had been dropped by the Attorney General. Additional criminal charges, such as that of sedition and false reporting, which carry a potential sentence of 7 years and 5 years, respectively, have been under police investigation since 2016.
  2. On 23 July 2020, the Government responded to the note verbale sent in connection to the present report. [...]
  3. Concerning the case of Ms. Charoensiri, the Government reiterated that the criminal charges against her are in no way linked to her participation at the Human Rights Council in September 2016, and provided an update that the sedition charge has been forwarded by the Samranrat Metropolitan Police Station to the Royal Thai Police Headquarters in April 2020, and will be considered in due course. The Ministry of Foreign Affairs is still awaiting confirmation from the Royal Thai Police on whether to proceed with the other pending charges.
Followup Trends 1
Improvement
Did the government respond? 1
Yes
In which SG report was this case followed up on? 2
2021
Follow up information provided in SG report 2
  1. The case of Ms. Sirikan Charoensiri, of Thai Lawyers for Human Rights, was included in the 2020, 2019 and 2018 reports of the Secretary-General248 on allegations of criminal charges linked to her participation at the Human Rights Council in September 2016 (THA 2/2017)249 and her engagement with the Human Rights Committee during the March 2017 session. In July 2020, the Government noted that the criminal charges against her are in no way linked to her participation at the Human Rights Council in September 2016, and that the sedition charge had been forwarded by the Samranrat Metropolitan Police Station to the Royal Thai Police Headquarters in April 2020 for consideration. The Government stated that the Ministry of Foreign Affairs was still awaiting confirmation from the Royal Thai Police on whether to proceed with the other pending charges (A/HRC/45/32, Annex II, para. 125). It was reported to OHCHR that, as of May 2021, the charges under 116 of Thailand’s Criminal Code, including sedition and false reporting, which carry a potential sentence of 7 years and 5 years, respectively, remain pending since the initial police investigation in 2016.
Followup Trends 2
Stayed same
Did the government respond? 2
Yes