Thai Court criticised for indicting UK human rights activist in defamation case

[webfact]

Court criticised for indicting UK human rights activist in defamation case
THE NATION


Andy Hall // AFP

BANGKOK: -- FINNISH civil society organisation Finnwatch has expressed regret over a Thai court's decision to indict British rights activist Andy Hall.

The Bangkok South Criminal Court indicted Hall yesterday for criminal defamation and a Computer Crimes Act case filed against him by pineapple processing company Natural Fruit Co Ltd.

Sonja Vartiala, executive director of Finnwatch, said the case was nothing but an attempt to gag a human rights defender.

"To equate someone's reputation with another person's liberty is always disproportionate. Thailand should abolish its criminal defamation laws as they infringe on freedom of expression," said Vartiala, whose organisation specialises in corporate responsibility.

Natural Fruit has filed four cases against Hall following the publication and dissemination of Finnwatch's "Cheap has a High Price" report in early 2013.

The report, which Hall contributed research to, was based on information gathered through interviews with the company's workers, who complained about alleged labour rights violations at the plant.

Hall uncovered allegedly unlawful working conditions including child labour, high recruitment fees, illegal salary deductions, payments below the minimum wage, confiscation of migrant workers' passports and work permits and physical violence.

The criminal defamation and Computer Crimes Act cases are the most severe of all the cases filed against Hall, and carries a maximum penalty of up to seven years jail.

Hall has been ordered to appear at the court on October 19. He could face detention and official charges.

Of the other three cases, one is for criminal defamation and the other two are civil defamation cases, in which damages of Bt400 million are being sought by the company. The hearings for the civil defamation cases have not been scheduled yet.

On Friday, a global coalition of 44 human rights, environmental and labour organisations, including many of the world's largest global union federations, said the government was failing to meet its obligations under international human rights law and standards by participating in the prosecution of Hall.

Letter to the PM

Last week, they addressed their concerns in a letter sent to Prime Minister General Prayut Chan-o-cha.

"If Thailand is serious about addressing the alarming levels of human trafficking among its migrant worker population, it can't throw those who uncover abuses in jail," said Abby McGill, campaigns director at the International Labour Rights Forum, who helped coordinate the letter action.

"Criminal defamation is being used to punish those who speak out, and it's a contributing factor to the fear among migrant communities that keeps them vulnerable to traffickers.

"It's time for Thailand to demonstrate it is protecting these workers, not punishing those who speak on their behalf."

The organisations that signed the letter called for the government to bring its laws on criminal defamation and computer crimes into compliance with the International Covenant on Civil and Political Rights, which Thailand ratified, as an essential step towards protecting freedom of speech.

They also called on the government to not curtail legitimate research that documents when companies mistreat workers and violate labour laws.

The US State Department cited Hall's case in its 2015 Trafficking in Persons report and said the prosecution of journalists and human rights defenders undermined the ability of the government to hold human traffickers accountable for their crimes.

The full text of the letter is available at www.labourrights.org/|AndyHallLetter2015.

Source: http://www.nationmultimedia.com/national/Court-criticised-for-indicting-UK-human-rights-act-30267339.html


-- The Nation 2015-08-25

[tbthailand]

"To equate someone's reputation with another person's liberty is always disproportionate. Thailand should abolish its criminal defamation laws as they infringe on freedom of expression," said Vartiala,

that says it all.

[ChrisY1]

This company is so intent on saving face, they're forgetting about their reputation.......all over an article that shows their abhorent behaviour towards their workers.

[canuckamuck]

I guess National fruit has decided to go for double loss of face. Which is pretty common here.

[Laughing Gravy]

So many true statements in this article. Now if anyone can defend the government on this with any justification, then I truly feel that you are sad.

[Nick167]

Please help dessiminate this to all your family, ralations, friends and media backhome and also the various governemnet agencies in your country. Ask all of them to boycott Thai products and services and avoid coming to the country and to lobby their governments to avoid investments in Thailand and to ban all thai products till the thais are sincere about abolishing slavery and explotation of migrant workers and also till thais stop their xenophobic mentality.

[aussieinthailand]

So why don't the EU company's that buy their product just stop buying, and send a message that Thai company's understand, MONEY.............

Why don't the NGO'S name and shame those EU company's that are still buying the product?

The current government is well a wear of the situation and it's declining human rights tier 3 classification and has chosen not to do anything about it.

Why was this not thrown out of court and the company call in to explain itself?

So much for "outstanding" job by the PM.

He gave himself the atrial 44 powers as divine hero of the country that includes the judicial system but only uses it when it serves his purpose.

again "outstanding"

C'mon all you defenders of this PM, spin that if ya can.

[noitom]

Shameful Thais.

[DKUNPUTAF713]

Post #6

You betcha!!

I personally will get this message across to the USA Government, Germany's

government and likewise EU and its main offices!!

[wandasloan]

Headline says : Court criticised for indicting UK human rights activist in defamation case

Headline is completely, utterly wrong. Thank goodness. Criticising a court is contempt of court. If a newspaper carried such criticism, you'd expect pretty fast and strong treatment.

In the event, only the headline was wrong, and the story had no mention of criticising the court.

False advertising by the headline writer, though, and annoying for that.

Edited August 25, 2015 by wandasloan

[worgeordie]

Good luck,Andy, afraid to say more you never know when

you could be drawn into a law suite!,

Could you see a major company in the West suing anyone

because they say the product is crap,or trading methods,

or how they treat their workers,if true.

regards Worgeordie

[MZurf]

Post #6

You betcha!!

I personally will get this message across to the USA Government, Germany's

government and likewise EU and its main offices!!

Just a couple of things;

1. You have the option of quoting a post by pressing a button in the lower right corner of the post you wish to reply to.

2. Germany is a part of the EU.

Apart from that, thank you for your efforts!

[spidermike007]

Hall uncovered allegedly unlawful working conditions including child labour, high recruitment fees, illegal salary deductions, payments below the minimum wage, confiscation of migrant workers' passports and work permits and physical violence.

So glad we know this time who the perpetrator is. I guess National Fruit does not understand the damage this is doing to its reputation.

Shame on the court for allowing this charade to take place. How churlish, childish, goliathan, ugly, and non-visionary of them, to even accept this case. Goes to show you how weak the judiciary is here, and how incompetent the judges are. This case should never have been accepted. This is just another black eye, for thailand in the international media. This government seems to be extremely tone deaf. They just do not get it, at all. PR is certainly not one of their fortes.

​National Fruit should be deeply embarrassed if even one of these allegations is true. And none of us would be surprised if most are true. Most intelligent companies would want this to be kept as quiet as possible. Not these goons.

Edited August 25, 2015 by spidermike007

[wandasloan]

Could you see a major company in the West suing anyone

because they say the product is crap,or trading methods,

or how they treat their workers,if true.

regards Worgeordie

Do you mean like the British Chiropractic Association sued Simon Singh? Yes, yes indeed, I could imagine that, since it happened. As have MANY similar ones, but BCA was notable for many reasons. British courts in particular are full of these disgusting suits, but few countries can hold their heads up on it.

There are lots of problems with this string of vindictive lawsuits against Andy Hall but you've found about the only one that is not supported factually. The obvious (to me) problem with the Hall suits is that they are criminal, and thus prosecuted by the state and thus, in truth, by the government - and that they provide not damages to Natural Fruit if it turns out that company was libelled, but prison time.

​National Fruit should be deeply embarrassed if even one of these allegations is true. And none of us would be surprised if most are true. Most intelligent companies would want this to be kept as quiet as possible. Not these goons.

Just a reminder of the reality here. A defamation suit (and judgement) have nothing to do with what is "true". If EVERY fact in Hall's report is completely factual and presents truth, it is of little interest to the case, and then only in mitigation if Hall is found guilty of defamation.

This is true of pretty well every country's courts in the world. "Truth as a complete defence" is uniquely American. How much truth is considered can vary, but there's nowhere but the US it is even considered as a full defence.

I'm a huge believer in the court of public opinion, and your post isn't wrong - but it's irrelevant to Hall's current predicament.

Edited August 25, 2015 by wandasloan

[oneday]

I hope, just for the prosecution alone of the PhuketWan journalists and Andy Hall, that Thailand will remain on the bottom tier of the US Human Rights and Trafficking in Persons reports next year and I hope that this time sanctions will be levied.

[NOC]

Post #6

You betcha!!

I personally will get this message across to the USA Government, Germany's

government and likewise EU and its main offices!!

I'm pretty certain that the point of post #6 was to 'put the word on the street'. We all know most governments are not going to take decisive action, but the lack of funding, brought about by prolonged social movement, should send a clear message. Whether or not the violators of human rights understands the message, is directly related to how little money they have and how much they are able to get away with.

[z42]

They're earning the EU red card. If anybody in the government is sensible enough to see this they'll make sure the right thing is done and that Hall walks

[Ulic]

I don't understand why the owners of Natural Fruit have not been charged with the findings of

this report

[jaywalker]

Please help dessiminate this to all your family, ralations, friends and media backhome and also the various governemnet agencies in your country. Ask all of them to boycott Thai products and services and avoid coming to the country and to lobby their governments to avoid investments in Thailand and to ban all thai products till the thais are sincere about abolishing slavery and explotation of migrant workers and also till thais stop their xenophobic mentality.

Nice thought, but, being from the US, most folks would start hating Taiwan instead of Thailand.

[micmichd]

Defamation charges should be allowed only when "natural persons" are victims, organizations have no human rights.

[jaywalker]

I don't understand why the owners of Natural Fruit have not been charged with the findings of

this report

The ubiquitous "Brown Envelopes" are most likely is why they have not been charged....and also probably why/how they secured the indictment.

I get it that journalists are often sensationalist, and a large percentage are bleeding-heart liberals as well, but to go crying about a nay-sayer will just attract attention.

Natural Fruit should, if innocent, invite any and all journalists to inspect anything they have, with ZERO restrictions....Let them come in undercover if they want.

It's not like they are processing plutonium or some other 'State Secret' product.

If they are innocent it would come to light quite quickly & Andy Hall would be shown up as a fraud and be marginalized.

As it is, I'll never touch one of their products ever again.

Edited August 25, 2015 by jaywalker

[micmichd]

Sure, a court has to apply laws, but that doesn't mean everybody has to agree with those laws.

Going undercover into an organization can be a dangerous task, and the whistleblower needs protection if his/her revealings are based on facts, not the organization.

Protection from defamation should be regarded as a human right and not be applied to organizations.

The whole concept of "juristic persons" in laws is questionable imho.

[robblok]

an utter disgrace which will have the junta huggers in a frenzy trying to spin it as 'Thaksins fault' etc.

Anything the junta does or doesn't do is excused by the existence of the bogeyman in Dubai.

Come on, let's all say together;

But, but, but.....Thaksin!

This has nothing to do with the Junta or Thaksin but with the Thai system of justice. This case started long before the Junta got in power.

[wandasloan]

This has nothing to do with the Junta or Thaksin but with the Thai system of justice. This case started long before the Junta got in power.

Absolutely correct. The case (actually cases-plural) started under Herself. And the law started way, WAY before that.

However. Criminal defamation cases like these are prosecuted by the state, and the government has a finger and a thumb in the pie. Yingluck had the power to intervene, at least to the point of expressing an opinion. However, in particular, Gen Sarit II has absolute legal authority, AND has Section 44 to boot. His position could be "let the law proceed on course" - but he hasn't said that. But seriously, folks, stepping in on behalf of some trouble-making foreigner and alienating a very large section of Thai industry wouldn't go over well. There is not the slightest upside for Gen Sarit to step in, and there is a lot of downside - and if anyone thinks there will a boycott of United Fruit, let alone Thailand, he/she is delusional.

Sad to say, unjust and unfair things happen every day. It was my opinion a long time ago Hall should have made this go away, and he didn't. I feel very sorry for the position he finds himself in. There is ALMOST no alternative except seeing it through (like Phuketwan) and hoping for relief at the end - although this United Fruit company seems awfully determined and vengeful.

[baboon]

an utter disgrace which will have the junta huggers in a frenzy trying to spin it as 'Thaksins fault' etc.

Get over that ridiculous chip on your shoulder and try to make some sense so we don't all think you are just another red-shirt foaming at the mouth with rage and spite.

The court has to abide by the law. Period. Do you think this law was created by the Junta ?.

The people to blame are those bringing the charges. In case you were asleep, your hero was the worst of all for bringing claims like this against people he wanted to shut up.

Opinion of red shirts = unchanged.

'Purely a legal matter and nothing to do with the junta, but I'll mention the red shirts anyway. Twice.' Edited August 25, 2015 by baboon

[tigermoth]

So why don't the EU company's that buy their product just stop buying, and send a message that Thai company's understand, MONEY.............

Why don't the NGO'S name and shame those EU company's that are still buying the product?

The current government is well a wear of the situation and it's declining human rights tier 3 classification and has chosen not to do anything about it.

Why was this not thrown out of court and the company call in to explain itself?

So much for "outstanding" job by the PM.

He gave himself the atrial 44 powers as divine hero of the country that includes the judicial system but only uses it when it serves his purpose.

again "outstanding"

C'mon all you defenders of this PM, spin that if ya can.

It would be very interesting to know who are thr directors and who has financial interests in this company. It's doesn't take a genius to guess.

[robblok]

an utter disgrace which will have the junta huggers in a frenzy trying to spin it as 'Thaksins fault' etc.

Get over that ridiculous chip on your shoulder and try to make some sense so we don't all think you are just another red-shirt foaming at the mouth with rage and spite.

The court has to abide by the law. Period. Do you think this law was created by the Junta ?.

The people to blame are those bringing the charges. In case you were asleep, your hero was the worst of all for bringing claims like this against people he wanted to shut up.

Opinion of red shirts = unchanged.

'Purely a legal matter and nothing to do with the junta, but I'll mention the red shirts anyway. Twice.'

but who tried to drag the junta in there first ? This has nothing to do with either but LannaGuy was baiting.

[Baerboxer]

an utter disgrace which will have the junta huggers in a frenzy trying to spin it as 'Thaksins fault' etc.

Get over that ridiculous chip on your shoulder and try to make some sense so we don't all think you are just another red-shirt foaming at the mouth with rage and spite.

The court has to abide by the law. Period. Do you think this law was created by the Junta ?.

The people to blame are those bringing the charges. In case you were asleep, your hero was the worst of all for bringing claims like this against people he wanted to shut up.

Opinion of red shirts = unchanged.

'Purely a legal matter and nothing to do with the junta, but I'll mention the red shirts anyway. Twice.'

And LannaGuy tried to make it political by mentioning Junta and Thaksin. Once each.

[lostoday]

an utter disgrace which will have the junta huggers in a frenzy trying to spin it as 'Thaksins fault' etc.

Get over that ridiculous chip on your shoulder and try to make some sense so we don't all think you are just another red-shirt foaming at the mouth with rage and spite.

The court has to abide by the law. Period. Do you think this law was created by the Junta ?.

The people to blame are those bringing the charges. In case you were asleep, your hero was the worst of all for bringing claims like this against people he wanted to shut up.

Opinion of red shirts = unchanged.

'Purely a legal matter and nothing to do with the junta, but I'll mention the red shirts anyway. Twice.'

but who tried to drag the junta in there first ? This has nothing to do with either but LannaGuy was baiting.

So, by mentioning that instead of reporting the post he caught you. Right?

[useronthenet]

Quote "government was failing to meet its obligations under international human rights law" very true, given it's already rated tier 3 on human rights violations list. As to whether the country cares? Doubtful, given so many fingers are in the pie of modern-day slavery. More importantly, it is perhaps more annoying to the government that yet again, a 'foreigner' is perceived to be interfering with the internal affairs of a soverign state. That alone, is perhaps the reason why they decided to throw the book at him. Foreigners are not allowed to involve themselves with any political issues in Thailand, and face serious charges if they do. In fact, anything that a foreigner does in Thailand is always under some form of scrutiny. My advise is that if you want to criticise a xenophobic country, do it at a safe distance.