Thailand: Imprisoned a labour rights lawyer for defaming a court
Event- Country
- Thailand
- Initial Date
- Apr 20, 2017
- Event Description
A labour rights lawyer has been imprisoned for defaming a court, leaving stranded his five-month pregnant wife. Yet this is far from the first time Thailand's courts have used "contempt of court' laws to target human rights defenders, political dissident and individuals who disagree with rulings. On 1 May 2017, iLaw released a report detailing the real-life story of "Saharat" (pseudonym), 37, a labour rights lawyer imprisoned in Saraburi province since 20 April 2017. The turmoil had begun on 19 May 2015 when Saharat and 51 laborers gathered in front of the Labour Court to protest the court's closing of a case in which they were plaintiffs. The court reasoned that the group had failed to attend court on the day of the hearing. Saharat maintains that staff from the court had called him to inform that the hearing had been postponed. At the demonstration, Saharat shouted, "Today I am sure that the Labour Court serves the interests of capitalists." Recalling the statement, a fellow lawyer and friend of Saharat reflects, "Usually Saharat is a man of few words. Almost always his wife speaks on his behalf. But I think that day, he must have lost his temper because he was so vested in the case." After this event, a prosecutor from Phra Nakhon Si Ayutthaya province indicted Saharat of insulting the court and violating the Computer Crimes Act. On 16 March 2017, the Court of First Instance levelled a suspended sentence of two years, during which Saharat must report to a probation officer every three months. Simultaneously however the court ruled in favour of pursuing a separate charge of insulting the court against Saharat. On 20 April 2017, the court found Saharat guilty and sentenced him to three months in prison. "While imprisoned, he cannot care for his wife who is five months pregnant. Subsequently his wife must care for herself and the child alone. In addition Saharat is in charge of ongoing labour rights cases whose hearings will take place while he is in prison," stresses iLaw. Saharat has accepted that he did commit the act of insulting the court and did make a corresponding Facebook status that broached the Computer Crimes Act. But he is adamant on fighting the charge of contempt of court on the following grounds. First, under Thai law a single act, even if violating multiple laws, should not generate multiple punishments. Under such a situation, the offender is punished under only the harshest of the offended laws. Section 90 of the Criminal Code reads, "When any single act violates many laws, apply to the offender the law that levies the heaviest punishment." Second, Saharat plays several critical roles in society. He is the primary care-giver to his mother, who has been diagnosed with a hearing disability. His wife is five months pregnant. As a lawyer, Saharat remains responsible for some three or four cases that are proceeding while he is imprisoned. Third, Saharat has never received a jail sentence, which warrants the court levying either a mild punishment or a suspended sentence. As a testament to his good character, Saharat had worked as a pro-bono lawyer at the Thai Volunteer Service, and as a legal specialist at both the Omnoi-Omyai Area Labour Union and the Labour Crisis Centre.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention
- Judicial Harassment
- Rights Concerned
- Freedom of assembly
- Labour rights
- Right to fair trial
- Right to Protest
- HRD
- Labour rights defender
- Lawyer
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Event Location
Latitude: 14.369232500000003
Longitude: 100.58766339999998
- Event Location
- Summary for Publications
On 1 May 2017, iLaw released a report detailing the real-life story of "Saharat" (pseudonym), 37, a labour rights lawyer imprisoned in Saraburi province since 20 April 2017.