A/HRC/60/62
Criminal Procedure establish key safeguards, including the presumption of innocence, the
principle of legality in criminalization and punishment, and the requirement that penalties be
imposed only following a lawful conviction. It noted that arbitrary arrest and detention are
prohibited, with strict procedural requirements for warrants and custody durations and that
the independence of the judiciary is enshrined in the Constitution.
14.
Thailand
122. The reports of the Secretary-General between 2017 and 2021,123 drew attention to
alleged harassment, intimidation and an online smear campaign against human rights
defenders who had documented cases of torture and ill-treatment by military in the Southern
Border Provinces, including of individuals recipients of a grant of the UN Voluntary Fund
for Victims of Torture. Grant recipient Ms. Angkhana Neelapaijit, who continues to
cooperate with the UN, was among those targeted (THA 6/2017). Reportedly, Ms. Neelapaijit
was harassed on social media and, in November 2020, filed a civil case against the Office of
the Prime Minister and Royal Thai Army concerning alleged disinformation and smear
campaign online. She petitioned to have the reported fake news, offensive content and
disinformation removed. Ms. Angkhana Neelapaijit is a woman human rights defender and
former National Human Rights Commissioner of Thailand and a member of the Working
Group on Enforced or Involuntary Disappearance.
123. On 20 June 2024, special procedure mandate holders addressed allegations of
surveillance of Ms. Angkhana Neelapaijit during commemorative events held on 11 March
2024 for the families of individuals who have been forcibly disappeared, including his
husband (THA 7/2024), to which the government responded. 124 Reportedly, two individuals
present at the event identified themselves as working for the Internal Security Operations
Command when approached. One of them allegedly took photos of Ms. Neelapaijit and other
participants, including relatives of other forcibly disappeared persons. They reportedly stated
to have sent the photos to his supervisor. On 18 March 2024, Ms. Neelapaijit submitted a
letter to the Minister of Justice, requesting an investigation into the alleged surveillance and
intimidation targeting families of the disappeared. At the time of writing, no response has
been received (THA 7/2024).
124. With regard to the ongoing case of Ms. Neelpaijit against the Office of the Prime
Minister and Royal Thai Army, on 16 February 2023, the Court of Justice dismissed her civil
case and Ms. Neelapaijit subsequently filed an appeal. According to information received by
OHCHR, the decision on the appeal is still pending. In another legal case concerning a
defamation claim filed against Ms. Neelpaijit and other human rights defenders,
(THA 3/2020),125 the matter is at the time of writing before the Appeal Court, and remains
pending decision.
15.
Turkmenistan
125. The case of Ms. Gurban Soltan Achilova, a freelance photojournalist and woman
human rights defender, was included in the 2024 report of the Secretary-General 126 on
allegations of undue restrictions of her freedom of movement which had prevented her travel
to Geneva and her engagement with representatives of OHCHR in November 2023. These
allegations had also been addressed by special proceduremandate holders, who noted that
this incident would be linked to Ms. Achilova’s work and cooperation with international
human rights actors, in particular the United Nations (TKM 1/2023).
123
A/HRC/45/36, Annex II, paras 119-21, 123-124; A/HRC/42/30, Annex II, para. 101; A/HRC/39/41,
Annex II paras. 51–53; A/HRC/36/31, para. 57 and Annex I, paras. 80–81, A/HRC/48/28, Annex II,
para 131.
124 https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=38524.
125 https://www.ohchr.org/en/press-releases/2022/12/un-experts-concerned-systematic-use-slapp-casesagainst-human-rights.
126 A/HRC/57/60, Annex I paras. 105-112.
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