Thailand should dismiss the case against 22 protest leaders charged with insulting the monarchy, sedition and a range of public order offences, says TrialWatch, an initiative of the Clooney Foundation for Justice.
The country was also urged to adhere to its international human rights obligations in an amicus brief submitted on Monday to the Bangkok Criminal Court by Kevin Bell, a TrialWatch expert and former Justice of the Supreme Court of Victoria, Australia.
Since late 2020, TrialWatch has been monitoring and evaluating criminal proceedings against the protest leaders, who face between seven and 15 years in prison if convicted of all charges.
The defendants in the case include university students, lawyers, activists and journalists.
As documented by TrialWatch monitors who have attended the trial, the prosecution has not presented evidence that the defendants’ statements were false, the group said.
As well, the court has refused to order certain institutions to provide financial and travel records, despite the defence’s repeated requests. This has undercut the defence’s ability to prove the statements were true, TrialWatch said.
If the court does not dismiss the case, it should at least allow the defence access to the materials it needs to both mount a defence and to challenge the prosecution’s evidence and arguments, the brief submitted by Mr Bell said.
The trial, which has been monitored by the Columbia Law School Human Rights Clinic on behalf of TrialWatch, consolidates two now-joined cases. A first indictment was filed against four people in February 2021, and a second against an additional 18 people in March 2021.
The defendants participated in demonstrations in Bangkok on Sept 19, 2020, where protest leaders called for amendments to the constitution and reform of the monarchy.
TrialWatch said its amicus brief is based on the international obligations Thailand must follow as party to the International Covenant on Civil and Political Rights (ICCPR). Among other things, the ICCPR requires that defendants be able to contest the arguments and evidence against them, and access materials necessary to do so.
“It is essential to note that it is unclear whether the statements made by the defendants even qualify as lèse-majesté under what is already an overbroad definition,” Mr Bell was quoted as saying.
The Clooney Foundation for Justice was co-founded in 2016 by the British barrister and rights advocate Amal Clooney and her husband, American actor George Clooney.
