Urgent Appeal

Thailand : Sixth conviction of pro-democracy activist Anon Nampa under “lèse-majesté” charges

20-12-2024

The Observatory has been informed about the sixth and latest conviction and subsequent prison sentence of Mr Anon Nampa, a prominent pro-democracy activist and human rights lawyer who has been arbitrarily imprisoned since September 26, 2023.

On 19 December 2024, the Bangkok Criminal Court found Anon Nampa guilty under Article 112 (“lèse-majesté”)1 and 116 (“sedition”) of Thailand’s Criminal Code, and sentenced him to two years and eight months in prison, reduced from four years because the court deemed Mr Anon's testimony useful to the trial.

This conviction stems from Anon Nampa’s peaceful speech advocating for monarchy reforms he delivered at a Harry-Potter themed protest on 3 August 2020 (case know as “Harry Potter 1” case), during which Mr Anon made remarks critical of Thai King Rama X.

The Observatory notes with grave concern that this marks the sixth conviction of Anon Nampa under Article 112 of the Criminal Code, all of which have been related to his criticism of the Thai monarchy. Mr Anon will now serve a total of 18 years and eight months in prison for lèse-majesté, in addition to two months and 20 days stemming from two convictions on peaceful protest-related charges, including for violation of the Emergency Decree.

At the time of publication of this Urgent Appeal, Mr Anon was still detained the Bangkok Remand Prison, where he has been arbitrarily imprisoned since his first lèse-majesté conviction on 26 September 2023. Since his previous conviction on 3 December 2024, Mr Anon may be transferred to Klong Prem Central Prison in Bangkok, where prisoners sentenced to more than 15 years are held.

The Observatory recalls that on 26 September 2023, the Criminal Court sentenced Anon Nampa to four years in prison on one count of “lèse-majesté”, and imposed a fine of 20,000 baht (approximately 525 Euros) for violation of the Emergency Decree. On 30 September 2023, the Court of Appeals rejected Mr Anon’s request for bail, citing the severity of his sentence and the fact that he would be a flight risk, if released on bail. On 17 January 2024, the Bangkok Criminal Court found Anon Nampa guilty of one count of lèse-majesté and Article 14(3) of the Computer Crimes Act2, and sentenced him to four years in prison. On 29 April 2024, the Bangkok South Criminal Court found Mr Anon guilty under one count of lèse-majesté and the Emergency Decree, and sentenced him to two years and 20 days in prison. On 25 July 2024, the Bangkok Criminal Court found Anon Nampa guilty under Article 112 of Thailand’s Criminal Code and Article 14 of the Computer Crimes Act, and sentenced him to four years in prison. On 3 December 2024, the Bangkok Criminal Court found Anon Nampa guilty under Article 112 of Thailand’s Criminal Code and Article 14 of the Computer Crimes Act and sentenced him to two years in prison, reduced from three years because the court deemed Mr Anon's testimony useful to the trial.

The Observatory further recalls that Anon Nampa is currently facing legal action in connection with eight more lèse-majesté cases. Mr Anon was previously arbitrarily detained twice. From 9 February to 1 June 2021, he was detained for 113 days on charges of lèse-majesté and sedition (Article 116 of Thailand Criminal Code). These charges were related to a speech concerning the Thai monarchy that he delivered during a peaceful pro-democracy protest at Bangkok’s Sanam Luang on 19 September 2020. The second detention spanned 202 days, from 11 August 2021, to 28 February 2022, in relation to 12 additional lèse-majesté cases. His temporary release requests were denied numerous times.

The Observatory recalls that on 30 August 2024, the United Nations Working Group on Arbitrary Detention (WGAD) found Anon Nampa’s detention “arbitrary” and urged the Thai government to release him “immediately” and “accord him an enforceable right to compensation and other reparations”, in response to a petition filed jointly by FIDH and Thai Lawyers for Human Rights (TLHR) on 5 March 2024.

The Observatory notes with concern that between 19 November 2020, and 25 November 2024, 276 people, including many human rights defenders and 20 minors, were charged under Article 112 of the Criminal Code. Fifteen of them are currently detained pending trial or appeal, and nine more are serving prison sentences. On 14 May 2024, youth activist “Bung” Thaluwang, detained pre-trial under “lèse-majesté”, died in custody after a prolonged hunger strike that ended in April 2024.

The Observatory strongly condemns the recent conviction, sentencing, and continued arbitrary imprisonment of Anon Nampa, along with the ongoing judicial harassment against him. These actions appear to be solely aimed at punishing him for his legitimate human rights activities and the exercise of his rights to freedom of expression and of peaceful assembly.

The Observatory calls on the Thai authorities to immediately and unconditionally release Mr Anon and all other arbitrarily detained human rights defenders in the country and to put an end to all forms of judicial harassment against them.

How You Can Help

Please write to the authorities of Thailand, asking them to:

  1. Guarantee in all circumstances the physical integrity and psychological well-being of Mr Anon Nampa and all other human rights defenders and pro-democracy activists in Thailand;
  2. Immediately and unconditionally release Mr Anon Nampa and all other detained human rights defenders and pro-democracy activists, whose detention appears to be solely aimed at punishing them for their legitimate human rights activities;
  3. Quash the convictions against Mr Anon Nampa, cease all acts of harassment, including at the judicial level, against him and all other human rights defenders and pro-democracy activists in the country, and ensure that they are able to carry out their legitimate activities without any hindrance and fear of reprisals;
  4. Guarantee in all circumstances the rights to freedom of expression and of peaceful assembly, as enshrined in international human rights law, and particularly in Articles 19 and 21 of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a state party;
  5. Refrain from using Article 112 of the Criminal Code to target human rights defenders and pro-democracy activists.

Addresses

Please also write to the diplomatic missions or embassies of Thailand in your respective country.

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