HONG KONG CONFEDERATION OF TRADE UNIONS

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H.E. Yingluck Shinnawatra Prime Minister Office of the Prime Minister Government House Thanon Phitsanulok, Dusit Bangkok 10300, Thailand

January 16, 2013

Subject: Judicial harassment against Thai human rights defender and editor Somyot Prueksakasemsuk

Your Excellency,

We, the undersigned individuals and civil society organizations in Thailand and around the world, write to you once again to urge Thailand to respect international human rights law and protect freedom of expression by ending the judicial harassment against Somyot Prueksakasemsuk and securing his unconditional release at the earliest instance. A father of two, Somyot has already been in remand detention for 21 consecutive months on the so-called lese majeste charges, for having published two satirical political commentaries in a magazine he edited.

The United Nations Working Group on Arbitrary Detention considers Somyot's detention to be arbitrary and in violation of international law, and has called for his release. Thai academics, activists, families of those affected by the lese majeste law, and colleagues of Somyots have repeatedly called for Somyots release.We also wish to stress that the constant denial of his right to bail- 12 time so far is inconsistent with the principle of presumption of innocence. The Royal Thai Government should respect the constitutional provisions granting the right to bail, in accordance with international fair trial standards
The chorus of domestic opposition to the abuse of the lese majeste law is growing by the day and the handling of Somyots case is a crucial litmus test of the Royal Thai Governments commitment to the rule of law and democratic principles.

A verdict on Somyots trial is expected to be delivered by the Criminal Court on January 23, 2013. We believe that he should not have been charged in the first place. Somyots right to

freedom of expression, regardless of his political opinion, is protected both by the Constitution and by the International Covenant on Civil and Political Rights (ICCPR), which is binding on Thailand. Whether the two articles on which the charges against Somyot were based constitute criminal offence is also highly questionable. Rather than witch-hunting political opponents, ensuring an open and free space for discussion of politics and other issues of public interests reduces social tension and contributes to a national reconciliation.

Criminalizing political speech and persecuting an editor who was not the author does not reflect the commitment to human rights Thailand has often professed on the international stage, especially as a country that plans to seek a seat on the UN Security Council and is a member of the Human Rights Council. Once upon a time, Thailand claimed to be a democracy and was in fact considered as one of the most progressive countries within ASEAN, but the abuse of restrictive legislations to criminalize citizens like Somyot has since undermined Thailands credibility and its efforts to distinguish itself from authoritarian regimes in the region.

We remain hopeful that the Royal Thai Government still attaches importance to human rights and can end unjust actions against its citizens. We therefore respectfully call upon your administration and all organs of the Government to take all appropriate steps to ensure that Somyots arbitrary detention ends immediately and that he is able to exercise peacefully his fundamental human rights, without reprisals of any kind, including at the judicial level.

Thank you for your serious consideration of our concerns and recommendations. We look forward to your response and actions in favor of freedom of expression.

Sincerely yours,

Lee Cheuk-yan General Secretary

Hong Kong Confederation of Trade Unions

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H.E.

Mr. Pracha Promnok

Minister of Justice 22nd Floor Software Park Building Chaeng Wattana Road Pakkred, Nonthaburi 11120, Thailand Fax: +66 2 650 9340 / 2 502 6734 / 2 502 6884 E-mail: om@moj.go.th , secretary@moij.go.th

H.E. Mr. Surapong Tovichakchaikul Minister of Foreign Affairs of Thailand 443 Sri Ayudhya Road Bangkok 10200, Thailand Fax: +66 2 643 5320 / 2 643 5314 / 2 643 5272 Email: minister@mfa.go.th, thaiinfo@mfa.go.th, permsec@mfa.go.th

Mr. Jullasingha Wasantasingha Attorney General Office of the Attorney General Lukmuang Building, Nahuppei Road Prabraromrachawang, Pranakorn Bangkok 10200, Thailand Fax: +66 2 224 0162 / 1448 / 221 0858 E-mail: ag@ago.go.th oag@ago.go.th

Mr. Pairoj Wayuparp The President of the Supreme Court of Justice of Thailand 6 Ratchadamnoen Nai Road, Prabarommaharatchawang, Phranakorn, Bangkok 10200, Thailand Fax: 02-1434308; +66 2226-4389 Email: opsc@coj.go.th

Mr. Tavee Prajuablarp Chief Judge of the Criminal Court of Thailand Radchada Pisek Road, Jormpon Sub-District, Jatujak District Bangkok 10900, Thailand Fax.+66 2541 2141

H.E. Mr. Thani Thongphakdi Ambassador Extraordinary and Plenipotentiary Permanent Representative Permanent Mission of Thailand to the United Nations Office and other international organizations in Geneva Rue Gustave Moynier 5 1202 Geneva, Switzerland Fax: +41 22 715 10 00 , +41 22 715 10 02 Email: mission.thailand@ties.itu.int

H.E. Mr. Norachit Sinhaseni Ambassador Extraordinary and Plenipotentiary Permanent Representative Permanent Mission of Thailand to the United Nations in New York 351 East 52nd Street New York, N.Y. 10022, USA Fax: +1 212 688 3029 E-mail: thailand@un.int

Dr. Seree Nonthasoot Thailands Representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR) Email: sernon@gmail.com

Professor Amara Pongsapich Chairperson of the National Human Rights Commission of Thailand 120 Chaengwattana Road, Laksi District Bangkok 10210, Thailand Fax. +66 2 141 3900 Email: amara@nhrc.or.th, interhr@nhrc.or.th, help@nhrc.or.th