กลุ่มเสรีประชาธิปไตย นักเรียนไทยในยุโรป
6h ·
Joint Declaration of Association of Thai Students in Europe for Liberal Democracy
Free Thai Movement in France
Free Thai Movement in Netherlands
Free Thais in Finland
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Free Thai movement in Denmark
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Thai Citizen Movement In Belgium
Thai Democratic Movement in Austria
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Thai Student Network in the UK for Democracy
Condemnation of Abusing Article 112 to Harass Thai People
The prime minister of Thailand, General Prayut Chan-o-cha gave a press release on 19th of November 2020, stating that he was not inclined to resign from his position despite the people’s demand and that it is necessary to enforce all applicable articles in the law. His statement expresses an insincerity in attending to the needs of his people. It also delivers an explicit warning to the people that authoritative measures shall be fully enforced upon them, especially the use of Article 112. However, this contradicts his own statement on the 16th of June 2020. He had declared clearly that there would not be a use of Article 112 against the people because His Majesty the King advised the government not to do so.
Article 112 is one of criminal offenses relating to the security of the kingdom. This article is admittedly problematic. Not only it has ambiguous elements of crime and disproportionate jail sentences (from 3 to 15 years), which is to the same degree to that of negligent homicide, but its application is also under vagueness doctrine. Since the crime of Article 112 is an offense to the kingdom, all parties are allowed to appeal. Besides, disproportionate interpretation of this article occasionally occurs as its scope of enforcement and the elements of the crime are always improperly interpreted. Accordingly, the officers in any event arbitrarily apply this article to the pro-democracy whenever the issues regarding the monarchy or royal families are raised. This article, thus, triggers fear among the people. Those who do not want to risk their security must remain in silence, while many who raise their voices have ended up with the jail sentences, unlawful threats, or forced disappearance. It is also evidently clear, the government has been abusing Article 112 as a political instrument to restrain critical criticisms and stifle the right to freedom of opinion and expression towards the government. The use of Article 112 has dramatically increased since the coup d'état launched by General Prayut Chan-O-Cha in 2014. Most importantly, the use of Article 112 is a breach of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a state party.
Association of Thai Students in Europe for Liberal Democracy and its umbrella organizations hereby condemn the Thai Government for the abuse of Article 112 and urge it to
1. Withdraw the warrants and to halt the prosecution relating to Article 112 completely
2. Cease the use and amend Article 112 in order to make it relevant to the international principles.
