A/HRC/39/41
105. It was reported that in August 2017, Ms. Sirikan Charoensiri, of Thai Lawyers for
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 April
2017 that the 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, 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 the Human Rights
Committee, where she publicized her legal advocacy efforts. 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 (NCPO). 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. The Government responded on 10 August 2017 to the special procedures'
communication of 11 April 2017, 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.
107. During his visit to Thailand in March 2018, the Assistant Secretary-General for
Human Rights addressed allegations of intimidation and reprisals to the Government, and
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 and
other patients living with a psychosocial disability (TTO 2/2017). Mr. Seepersad was born
in 1987 with dystonia, a physical impairment due to a neurological movement disorder. On
20 November 2017, the Working Group on Arbitrary Detention issued Opinion No.
68/2017 concluding that the detention and subsequent internment of Mr. Seepersad in St.
Ann’s Psychiatric Hospital on 8 January 2015 for a period of two months, and on 4 May
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 serious concern 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 that the Government remedy the situation and provide compensation to Mr.
Seepersad, and 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 Rights (see A/HRC/WGAD/2017/68, paras. 34-35, 37-39, 41).
110. On 6 September 2017, the Working Group on Arbitrary Detention transmitted the
allegations to the Government under its regular communications procedure. The Working
Group did not receive a response from the Government nor request for an extension of the
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 to seek a legal
remedy.
GE.18-13325
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