Thailand: Arbitrary detention of pro-democracy youth activists and threats against TLHR

The Observatory has been informed about the arbitrary detention, judicial harassment and physical attacks against pro-democracy youth activists Ms Tantawan 'Tawan' Tuatulanon and Mr Nutanon 'Frank' Chaimahabut, as well as the threats against Thai Lawyers for Human Rights (TLHR), a member organisation of FIDH. Tantawan Tuatulanon is a pro-democracy student activist associated with pro-democracy groups Draconis Revolution and Thalu Wang (Shattering the Palace)1 who has advocated for the abolition of Article 112 of the Thai Criminal Code (“lèse-majesté”) and the reform of the Thai monarchy. As a former We Volunteer2 member, Nutanon Chaimahabut helped ensure safety of participants during many pro-democracy protests.

On February 13, 2024, Tantawan Tuatulanon and Nutanon Chaimahabut were arrested by the police in front of the Bangkok Criminal Court and brought to the Din Daeng police station in Bangkok for questioning in connection with their protest during the blockade of road traffic for the passage of a royal motorcade on February 4, 2024. Tantawan Tuatulanon faces charges under Articles 116 (sedition), 368 (failure to comply with official’s order), and 397 (public nuisance) of the Thai Criminal Code, as well as Article 14(3) of the Computer Crimes Act B.E. 2550 (2007). Nutanon Chaimahabut faces the same charges as Tantawan Tuatulanon, with additional charges under Article 136 (insulting an official) of the Criminal Code and Article 14 (excessive use of vehicle’s sound signal) of the Land Traffic Act B.E. 2522 (1979).

On February 14, 2024, the Bangkok Criminal Court approved the detention request by the police for 12 days at the investigative stage — until February 25, 2024. TLHR, which represents the two activists, submitted bail requests, which were denied by the Court. If convicted, Tantawan Tuatulanon could face up to seven years, one month, and 10 days in prison while Nutanon Chaimahabut could face up to eight years, one month, and 10 days in prison. At the time of publication of this Urgent Appeal, Tantawan Tuatulanon was detained at the Central Women's Correctional Institution, and Nutanon Chaimahabut was detained at the Bangkok Remand Prison.

On the same day, at approximately 2:30pm, TLHR received a call from an unidentified man who asked for the contacts of the lawyers who represented Tantawan Tuatulanon and Nutanon Chaimahabut. When TLHR staff did not provide the information, the man said he and his group would raid TLHR office using weapons.

On February 15, 2024, at approximately 1:00pm, an unidentified man drove his car to the TLHR office gate in Bangkok, insisted on being allowed into the office premises, and asked for “documents” and the names of TLHR staff.

On February 16, 2024, a TLHR lawyer filed a complaint to the Sutthisan police station in Bangkok concerning the above-mentioned threats.

The accusations against Tantawan Tuatulanon and Nutanon Chaimahabut stem from their protest on February 4, 2024, when their car was stopped for the motorcade of Princess Maha Chakri Sirindhorn, the sister of King Maha Vajiralongkorn, on an expressway in Bangkok. Tantawan Tuatulanon did a live broadcast on her Facebook account showing their honking and ensuing altercation with police officers who were blocking traffic to make way for the motorcade. Following the incident, the police filed a complaint against the two activists for “causing a public disturbance,” a misdemeanor under Article 397 of the Criminal Code.

On February 10, 2024, Tantawan Tuatulanon and a small group of other activists from Thalu Wang gathered at the Siam Bangkok Mass Transit System (BTS) station in Pathumwan District, central Bangkok, to read a statement about the February 4 incident and conduct a public opinion poll about royal motorcades. The peaceful activists were physically attacked by members of ultra-royalist groups. Ten activists, two citizen journalists, and another person observing the gathering were injured in the attack. The activists subsequently filed complaints with the Pathumwan police against their attackers.

On February 11, 2024, in a Facebook post, Tantawan Tuatulanon apologised for the February 4 disturbance, and denied that she tried to interfere with the royal motorcade.

The Observatory recalls that Tantawan Tuatulanon has already been charged with various criminal offenses, including violating Article 112 of the Thai Criminal Code in connection with two cases: a public opinion poll about royal motorcades, which she conducted at Siam Paragon in central Bangkok on February 8, 2022; and a live Facebook broadcast allegedly critical of the King along the planned route of a royal motorcade in Bangkok on March 5, 2022. She was detained several times in relation to these cases before being released on bail. Prosecution in both cases is ongoing.

The Observatory further recalls that Nutanon Chaimahabut experienced a violent arrest by the authorities on August 7, 2021, while he attended a protest at Bangkok’s Democracy Monument.

The Observatory notes with concern that between November 24, 2020, and February 19, 2024, 264 people, including many human rights defenders and 20 minors, were charged under Article 112 of the Criminal Code. Thirteen of them are currently detained pending trial, and seven more serving prison sentences. Two individuals are detained at a youth detention center under Article 112 for acts allegedly committed when they were minors.

The Observatory strongly condemns the arbitrary detention and judicial harassment of Tantawan Tuatulanon and Nutanon Chaimahabut, which seem to be only aimed at punishing them for their legitimate exercise of their rights to freedom of expression.

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

The Observatory further condemns the threats and acts intimidation against TLHR, which seem to be only aimed at preventing the organisation and its members from carrying out their legitimate work as lawyers.

The Observatory calls on the Thai authorities to take all necessary measures to guarantee in all circumstance the safety of TLHR’s staff and to carry out an independent investigation into the above-mentioned threats.

1Draconis Revolution and Thalu Wang are both pro-democracy groups that were formed in early 2022. Draconis Revolution is mostly active through social media, sharing news and summarising events relating to the pro-democracy movement and its rallies. Since late January 2022, the Thalu Wang group has been conducting public opinion polls at various locations in Bangkok on whether and how the Thai monarchy affects people’s lives and whether its reform is needed. Tantawan Tuatulanon participated in many of these events, and has been largely associated with these opinion polls.

2Founded in 2020, We Volunteer, or WeVo, is a group of volunteers whose objective is to ensure the safety of protesters and maintain order at public assemblies using peaceful means.