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Censorship and Restrictions on Free Expression

The junta continued to censor public discussions related to human rights, democracy, the monarchy, and the NCPO's performance. On September 28, Amnesty International cancelled its Bangkok press conference to launch a report on torture in Thailand after authorities threatened to arrest senior Amnesty International staff for working illegally as foreigners in the country.

The NCPO granted power to the National Broadcasting and Telecommunications Commission to punish critical media. Outspoken news analysts at Voice TV and Spring News channels were suspended because of their critical reporting about military rule. In July 2016, Peace TV channel was forced off the air for 30 days.

The junta regularly exercises its power to ban political assembly of more than five persons. Protesters who take part in peaceful protests to express disagreement with the junta face up to two years in prison.

The junta also broadly used sedition charges, which carry up to seven years in prison, to prosecute those who express opposition to military rule. In March, the military in Chiang Mai province arrested and charged Theerawan Charoensuk with sedition for posting a photo on Facebook 0f her holding a red bowl inscribed with Thai New Year greetings from former Prime Ministers Thaksin Shinawatra and Yingluck Shonawatra. Since the coup, at least 38 people have been charged with sedition.

The junta continues to prosecute people under the lese majeste (insulting the monarchy) laws, an offense punishable by up to 15 years in prison. Since the May 2014 coup, Thai authorities have charged at least 68 persons with lese majeste, mostly for posting or sharing comments online.

The crackdown has intensified since the death of King Bhumibhol Adulyadej on October 13, with the authorities arresting 10 people and investigating 194 new cases. There were at least seven cases of vigilante violence targeting those accused of making negative comments about the late king or Crown Prince Maha Vajiralongkorn, or not wearing black during the 30-day mourning period.

The government in 2016 also requested that the United States, United Kingdom, Sweden, France, Australia, New Zealand, Japan, Cambodia, and Laos send back Thai citizens who sought political asylum from persecution under lese majeste charges.

Arbitrary Detention and Military Courts

On September 12, General Prayut revoked three NCPO orders that empowered military courts to try civilians for national security offenses, including sedition and lese majeste. However, the action is not retroactive and does not affect the more than 1,800 cases already brought against civilians in military courts. The military also retains power to arrest, detain, and interrogate civilians for a wide range of offenses without safeguards against abuse or accountability for human rights violations.

The NCPO summarily dismissed allegations that the military has tortured and ill-treated detainees, even after the death of fortune-teller Suriyan Sucharitpolwong and Police Maj. Prakrom Warunprapa-both charged with lese maje ste -during their detention at the 11th Army Circle military base in Bangkok in November 2015.

At time of writing, 45 civilians were detained at the remand facility inside the 11th Army Circle military base in Bangkok without effective safeguards against abuse.

The NCPO has summoned members of the Pheu Thai Party and the United Front for Democracy against Dictatorship (UDD), known as the "Red Shirts," as well as other activists accused by authorities of opposing military rule, for "attitude adjustment." Failure to report to the NCPO's summons is considered a criminal offense. The NCPO compelled persons released from "attitude adjustment" programs to sign an agreement stating they will not make political comments, be involved in political activities, or travel abroad without permission. Failure to comply with such agreements can result in a new detention or two years in prison.

Lack of Accountability for Politically Motivated Violence

Despite evidence showing that government security forces were responsible for the majority of casualties during the 2010 political confrontation, which left at least 90 dead and more than 2,000 injured, no policymakers from the then Abhisit Vejjajiva government or military personnel have been charged for unlawfully killing and wounding protesters or passersby.

While UDD leaders and supporters faced serious criminal charges for the 2010 street protests, there has been little progress in investigating or prosecuting alleged criminal offenses by the People's Alliance for Democracy (PAD), knowns as the "Yellow Shirts," during political confrontations in 2008 or the People's Democratic Reform Committee (PDRC) in 2013-2014.

Enforced Disappearances

Thailand signed the International Convention for the Protection of All Persons from Enforced Disappearance in January 2012, but has yet to ratify the treaty. The penal code still does not recognize enforced disappearance as a criminal offense.

Since 1980, the UN Working Group on Enforced or Involuntary Disappearances has recorded 82 cases of enforced disappearance in Thailand. Many of these cases implicated Thai officials-including the disappearances of prominent Muslim lawyer Somchai Neelapaijit in March 2004, and ethnic Karen activist Por Cha Lee "Billy" Rakchongcharoen in April 2014. None have been successfully resolved.

Refugees, Asylum Seekers, and Migrant Workers

Thailand has not ratified the 1951 Refugee Convention and its 1967 Protocol. Thai authorities continued to treat asylum seekers, including those whom the UN recognized as refugees, as illegal migrants who are subject to arrest and deportation.

The government has failed to provide information regarding the current whereabouts and well-being of the over 100 ethnic Uighurs and Chinese dissidents deported to China in 2015, in violation of international law.

The government announced in June that it needed more time to put in place a process, in collaboration with Burma and the UN, to repatriate more than 120,000 refugees living in the nine camps on the Thai-Burma border.

The government did not allow the office of the UN High Commissioner for Refugees to conduct refugee status determination screenings for ethnic Rohingya from Burma. Rohingya men, women, and children have been placed in indefinite detention in immigration detention centers and government shelters across Thailand.

Migrant workers from Burma, Cambodia, Laos, and Vietnam are vulnerable to physical abuses, indefinite detention, and extortion by Thai authorities; severe labor rights abuses and exploitation by employers; and violence and human trafficking by criminals, sometimes in collaboration with corrupt officials.

The government declared combating human trafficking to be a "national priority," including by enforcing the Human Trafficking Criminal Procedure Act, with mixed results. At time of writing, efforts by the Command Center to Combat Illegal Fishing to suppress human trafficking in fishing and seafood food processing sectors were still limited.

There was little progress in the trial of Lt. Gen. Manas Kongpa-together with 52 local politicians, community leaders, businessmen, and alleged criminals-for trafficking ethnic Rohingya to Malaysia. Migrant workers remain fearful of reporting trafficking crimes or cooperating with Thai authorities due to lack of effective protection.

Anti-Narcotics Policy

The government has failed to pursue criminal investigations of extrajudicial killings related to anti-drug operations, especially the more than 2,800 killings that accompanied then-Prime Minister Thaksin Shinawatra's "war on drugs" in 2003.

In June, the government announced a plan to remove methamphetamine from category 1, the most serious substance on the controlled substance list, in order to ease prison overcrowding and facilitate drug users' access to rehabilitation. While the government indicated in September that it would transfer drug dependency treatment to the Ministry of Public Health, alleged drug users are still held in drug detention centers operated by the Ministry of Interior and the military without due process and subject to an exhausting regime of exercise and military-style drills the government claims constitute "treatment."

Environment

The Pollution Control Department received a budget allocation in January 2016 to clean up Klity Creek in Kanchanaburi province. The creek is contaminated by lead from a badly regulated and now-defunct lead processing factory that presents a health threat to hundreds of ethnic Karen families living downstream. In a landmark 2013 ruling, the Supreme Court ordered the government to clean up the site. At time of writing, however, no clean-up had begun.

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The year was tumultuous for Thailand with the passing of King Bhumibhol Adulyadej on October 13 after a reign of 70 years. The Thai government, led by Prime Minister Gen. Prayut Chan-ocha, repeatedly failed in 2016 to fulfill pledges made to the United Nations General Assembly and Human Rights Council to respect human rights and restore democratic rule.

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http://www.lemonde.fr/asie-pacifique/article/2017/08/08/un-editorialiste-thailandais-poursuivi-pour-avoir-critique-la-junte-sur-facebook_5170112_3216.html

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http://ici.radio-canada.ca/nouvelle/797752/thailande-crise-politique-coup-etat-constitution-shinawatra-thaksin-analyse

Point importants:
- 20 renouvelements de la constitution depuis 1932 en Thailande
-Division politique entre les Chemises Jaunes et les Chemises Rouge
-Grand nombre de coups d'états
-Régime militaire répressif