A/HRC/39/41
105. It was reported that in August 2017, Ms. Sirikan Charoensiri, of Th ai Lawy ers fo r
Human Rights, was charged with the offences of giving false information regarding a
criminal offence. Four special procedures mandate holders had raised concerns on 11 Ap ril
2017 that the charges she received, sedition and gathering five or more people for polit ical
purposes under the criminal code, may be directly linked to her cooperation with the United
Nations, particularly her participation in the thirty-third session of the Human Rights
Council in September 2016 (THA 2/2017). 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.
106. Ms. Charoensiri also participated in the March 2017 session of th e Hu man Rig h t s
Committee, where she publicized her legal advocacy efforts. She had represented 14
student activists arrested by the Thai authorities for their alleged participation in p eacefu l
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 (NCPO). In February 2016, Ms.
Charoensiri had been charged with the offences of refusing to comply with the order o f an
official and concealing of evidence and, in September 2016, upon return from t h e Hu man
Rights Council, she was further charged under the National Council for Peace an d Ord er
and with sedition. The Government responded on 10 August 2017 to the special procedures'
communication of 11 April 2017, stating that Ms. Charoensiri was not charged d u e t o h er
capacity as a lawyer or human rights defender, but on the basis o f t h e p ossibilit y o f h er
being one of the principals or accomplices in committing alleged offenses under art icle 12
of the NCPO Order No. 3/2015 and article 16 of the Criminal Code.
107. During his visit to Thailand in March 2018, the Assistant Secretary -General for
Human Rights addressed allegations of intimidation and reprisals to the Govern ment , an d
wrote a follow up letter on 27 April 2018. At the time of writing no response had been
received from the Government.
26.
Trinidad and Tobago
108. On 21 July 2017, three special procedures mandate holders raised concerns about the
deprivation of liberty of Mr. Zaheer Seepersad in St. Ann’s Psychiatric Hospital an d o th er
patients living with a psychosocial disability (TTO 2/2017). Mr. Seepersad was born in
1987 with dystonia, a physical impairment due to a neurological movemen t d is ord er. On
20 November 2017, the Working Group on Arbitrary Detention issued Opinion No.
68/2017 concluding that the detention and subsequent internment of Mr. Seep ersad in St .
Ann’s Psychiatric Hospital on 8 January 2015 for a period of two month s , an d o n 4 M ay
2016 for 16 days, were arbitrary without any legal basis justifying the deprivation of
liberty, and was made purely on the basis of his physical impairment, constituting a
violation of international law on the grounds of discrimination based on disability (see
A/HRC/WGAD/2017/68, paras. 34-35).
109. The Working Group on Arbitrary Detention expressed its most serio us co ncern at
allegations of reprisals, such as persistent harassment, intimidation and threats which
Mr. Seepersad has been subjected to, for bringing his claims to their attention. The Working
Group requested the Government to ensure that all acts of intimidation against Mr.
Seepersad cease and that an impartial and effective investigation is carried out in relation to
such acts and those responsible brought to justice. The Working Group recommended t h at
the Government remedy the situation and provide compensatio n t o M r. Seep ersad, an d
referred the case for further action to the focal point on reprisals of the Coordination
Committee of Special Procedures and to the Assistant Secretary-General for Human Right s
(see A/HRC/WGAD/2017/68, paras. 34-35, 37-39, 41).
110. On 6 September 2017, the Working Group on Arbitrary Detention tran smit t ed t he
allegations to the Government under its regular communications procedure. Th e Wo rkin g
Group did not receive a response from the Government nor request for an extension o f t h e
time limit for its reply. It is reported that Mr. Seepersad still remains under pressure to
dissuade him from engaging with regional or United Nations mechanisms t o s eek a l eg al
remedy.
GE.18-13325
39