Thailand: Conviction and prison sentence of prominent pro-democracy activist Tiwagorn Withiton

THA 001 / 0626 / OBS 025

Conviction /

Sentence /

Judicial harassment /

Arbitrary detention

Thailand

9 June 2026

The Observatory for the Protection of Human Rights Defenders, a partnership of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Thailand.

Description of the situation:

The Observatory has been informed about the final conviction and continued arbitrary detention of Mr Tiwagorn Withiton.Tiwagorn Withiton is a Thai pro-democracy activist, who has a track record of advocating for freedom of expression and public participation in political affairs. After the 2006 coup d’état, he participated in initiatives organised by the Saturday Anti-Dictatorship Group. In 2010, he participated in pro-democracy protests and in activities with the Red Sunday Group. He has maintained an online presence through social media and the creation of the “FreedomTalk” (formerly RedTalk) group.

On 7 May 2026, the Supreme Court upheld the Court of Appeals Region 4’s conviction of Tiwagorn Withiton and his six-year prison sentence under Article 112 of the Thai Criminal Code (lèse-majesté) and Article 14(3) of the Computer Crimes Act (2007). The conviction stemmed from three Facebook posts that Tiwagorn Withiton had published between June 2020 and February 2021. The first post included a photograph of Tiwagorn Withiton wearing a white t-shirt bearing the message: “We have lost faith in the monarchy”. The second post criticised the enforcement of Article 112.The third post called for the release of four detained leaders of the pro-democracy Ratsadon movement.

In what constitutes a violation of Tiwagorn Withiton’s fair trial rights, he was summoned to Khon Kaen Provincial Court on 7 May 2026 without prior notice that the Supreme Court judgment would be delivered on the same day. His legal representative had likewise not been informed in advance that the verdict hearing had been scheduled.

The Observatory recalls that on 29 September 2022 the Khon Kaen Provincial Court acquitted Tiwagorn Withiton of all charges. The Court held that the Facebook posts did not violate Article 112 because they did not refer to any specific monarch and because the provision does not protect the monarchy as an institution. On 14 December 2022, the public prosecutor appealed the acquittal.

On 14 August 2024, the Court of Appeals Region 4 overturned the acquittal of Tiwagorn Withiton under Article 112 of the Criminal Code and Article 14(3) of the Computer Crimes Act and sentenced him to three years in prison for each of the three Facebook posts, amounting to nine years in prison, later reduced to six years due to his cooperation during proceedings. The Court of Appeals held that the posts referred specifically to King Rama X, relying in part on Tiwagorn Withiton’s response to a comment under his posts discussing the use of Article 112 during the current reign and on Tiwagorn Withiton’s invitation to others to purchase the t-shirts bearing the slogan.

On 7 May 2026, the Supreme Court upheld the conviction and six-year prison sentence. In its reasoning, the Supreme Court found that the term “monarchy” necessarily referred to King Rama X, because it encompassed the current monarch. Consequently, it held that the phrase “We have lost faith in the monarchy” damaged the king’s reputation. The Supreme Court also ruled that the post calling for the release of detained protest leaders constituted false allegations against the king because the monarchy would have no legal authority over detention decisions, and therefore the post allegedly incited hatred toward him.

In addition to upholding the prison sentence, the Supreme Court ordered the confiscation of the t-shirt worn by Tiwagorn Withiton in one of the posts, considering it an object used in the commission of the offence.

As of 4 June 2026, Tiwagorn Withiton has been detained for more than 660 days. Between the start of his detention on 14 August 2024 and the Supreme Court’s verdict on 7 May 2026, he submitted at least 14 bail applications, all of which were denied. He remains detained at the Khon Kaen Special Correctional Institution in Khon Kaen Province.

The Observatory recalls that in a separate case, on 6 July 2023, Tiwagorn Withiton was sentenced by the Court of Appeals to three years’ imprisonment with a three year suspension under Article 116 of the Criminal Code (sedition), in relation to his initiation of an online petition that raised the question of whether the monarchy should be retained or abolished.

The Observatory strongly condemns the judicial harassment, arbitrary detention, and conviction of Tiwagorn Withiton, which appear to be solely aimed at punishing him for the peaceful exercise of his right to freedom of expression and his legitimate human rights activities.

The Observatory recalls that Thailand is a State party to the International Covenant on Civil and Political Rights (ICCPR). Articles 9 and 14 of the ICCPR guarantee the rights to liberty and to a fair trial, while Articles 19, 21, and 22 protect the rights to freedom of expression, peaceful assembly, and association. Any restriction on these rights must meet the principles of necessity and proportionality. In this context, the imposition of lengthy prison sentences for peaceful criticism of public institutions is incompatible with these obligations.

According to Thai Lawyers for Human Rights, at least 291 people – including numerous human rights defenders – were charged under Article 112 of the Criminal Code between 19 November 2020 and 31 March 2026, while 222 others faced charges under the Computer Crimes Act. The systematic use of these provisions against peaceful critics and protesters reflects a broader pattern of judicial harassment and the continuing erosion of civic space in Thailand.

The Observatory urges the Thai authorities to immediately and unconditionally release Tiwagorn Withiton and to quash his conviction. It further calls on the Thai authorities to release all other arbitrarly detained human rights defenders in the country, and to put an end to all forms of judicial harassment against them.

Action required: 

Please write to the authorities of Thailand asking them to:

1. Guarantee in all circumstances the physical integrity, psychological well-being, and fair trial rights of Tiwagorn Withiton, and all other human rights defenders and pro-democracy activists in Thailand;
2. Immediately and unconditionally release Tiwagorn Withiton 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 conviction against Tiwagorn Withiton, 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 ICCPR, to which Thailand is a state party;
5. Bring national legislation, including Article 112 of the Criminal Code and the Computer Crimes Act, into conformity with Thailand’s international human rights obligations, particularly under the ICCPR, and refrain from using it to target human rights defenders and pro-democracy activists.