Jul 19, 2021 | DFF, Open Letters
Click here for a Thai translation of this letter
Somsak Thepsutin
Minister of Justice
404 Chaeng Wattana Road,
Thung Song Hong, Lak Si,
Bangkok, Thailand
Bangkok, 19 July 2021
Re: Urgently address overcrowding, protect prisoners’ health during COVID-19 crisis
Dear Mr. Somsak,
We, the undersigned national and international human rights organizations, reiterate our calls for the Ministry of Justice to take urgent measures to address ongoing overcrowding and the COVID-19 crisis in prisons across the country.
In mid-April of 2020, during the early stages of the pandemic, we sent a joint letter to the Department of Corrections in which we expressed our gravest concern over the potentially disastrous impact of the pandemic on the prison population and prison staff in Thailand. One year later, COVID-19 cases surged in the Thailand’s prison system amid a new wave of virus transmissions that hit many parts of the country beginning in April 2021.
On 12 May 2021, the Department of Corrections revealed that 1,795 out of 3,274 prisoners (72%) in Bangkok Remand Prison and 1,040 of the 4,475 inmates (30%) at the Central Women’s Correctional Institution in Bangkok had tested positive for the virus that causes COVID-19. The severity of the COVID-19 situation in the Thai prison system only surfaced after several prominent pro-democracy activists held in these prisons tested positive for the virus during their pre-trial detention or shortly after being released on bail. Between 12 May and 15 July 2021, 38,019 inmates in prisons across Thailand were infected with COVID-19. This number represents about 12% of the total prison population.
Prison overcrowding and the spread of COVID-19 are closely interrelated and should be urgently addressed to prevent a further deterioration of conditions in correctional facilities.
Despite announcements relating to the provisional release of certain inmates in order to decongest prisons, Thailand’s prison population has not significantly decreased since the start of the third COVID-19 wave. According to statistics from the Department of Corrections, from 1 April to 1 July 2021 the total prison population decreased by a mere 0.2%, from 307,910 to 307,007.
We urge you to take all immediate and necessary steps, including at the policy level, to tackle the ongoing overcrowding in prisons. We welcome the Ministry’s plan to amend legislation on narcotics in a manner that would lead to the release of inmates incarcerated on minor drug-related offenses and we urge you to accelerate this amendment process.[1]
We also recall the recommendations we previously made on the conditional release of certain categories of prisoners currently detained for non-serious and/or non-violent offenses. These include: prisoners over the age of 60; sick prisoners, particularly those with underlying medical conditions; prisoners awaiting trial; prisoners sentenced to terms of up to two years; prisoners with one year or less left to serve; prisoners detained for immigration offenses; pregnant women; and those detained without sufficient legal basis. Those released may be subjected to appropriate non-custodial measures, in accordance with the Standard Minimum Rules for Non-custodial Measures (the “Tokyo Rules”).
Ongoing reports of many prisoners who test positive for COVID-19 raise concern over the seriously inadequate detention conditions, prevention measures, and medical care during the escalating COVID-19 outbreaks.
We welcome the various urgent measures – such as testing, quarantines, and transfer of certain infected inmates to medical facilities outside prisons – introduced by the Department of Corrections to control the further spread of the virus in correctional facilities since the latest rise of COVID-19 infections in prisons, and a testing as well as a 14-day quarantine requirement for released prisoners.
However, these measures do not go far enough to prevent further outbreaks of COVID-19 in correctional facilities. Since they are at high risk of contagion, authorities should accelerate the COVID-19 vaccine rollout across all prisons. Prisoners who have tested positive for the virus must have access to appropriate medical care and treatment equal to the general public, without discrimination and undue delay.
In addition, for those who remain detained, the Department of Corrections must ensure that prison conditions continue to adhere to international standards, in particular, the UN Standard Minimum Rules for the Treatment of Prisoners (the “Nelson Mandela Rules”) and the Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the “Bangkok Rules”). Adherence to such standards is vital during the pandemic, particularly with respect to sufficient space and ventilation, adequate sanitary facilities for personal hygiene, and healthcare, including gender-specific healthcare.
Lastly, the Department of Corrections should provide inmates, prison staff, and the general population with accurate and timely information about the COVID-19 situation in all correctional facilities in a transparent manner.
Thank you for your attention to this very important matter.
Sincerely yours,
ASEAN Parliamentarians for Human Rights (APHR)
International Federation for Human Rights (FIDH)
Fortify Rights
Human Rights Watch (HRW)
Union for Civil Liberty (UCL)
Manushya Foundation
Thai Lawyers for Human Rights (TLHR)
[1] Channel News Asia, Covid-19: Provisional release on the cards for Thailand amid overcrowding, 26 May 2021; Prachatai, ‘Somsak’ reveals attempts to reduce prison overcrowding – ‘Department of Corrections’ is securing vaccines in June, and courts are seeking provisional release guidelines, 13 May 2021 [in Thai]
Jul 7, 2021 | Opinion Articles, RM
By Maria Chin Abdullah
Here in Malaysia, we are currently in the midst of the deadliest wave of COVID-19 yet. We all hope to remain safe from the virus, but I am concerned that many are being left behind without protection; not only from the virus, but also from arbitrary arrests and detention.
Recently, authorities have conducted immigration raids, sprayed disinfectant on migrants, and shared a poster online portraying “Rohingya migrants” as a security threat.
It is shameful to see government units such as the Immigration Department and Home Ministry promoting such anti-migrant and anti-refugee policies and narratives, fostering discrimination, violence and xenophobia within Malaysia.
These politicians know fully well that it is not in the country’s best interests to spread hateful rhetoric or to increase the number of people in detention during a pandemic. So, the question must be asked, in whose interest is it? It appears to me that it is nothing more than political scapegoating in the face of the government’s failure to tackle the spread of the virus and roll out the national vaccination program.
At the start of the pandemic last year, authorities appallingly rounded up thousands of migrants and refugees, pushed back boats of Rohingya refugees, and detained hundreds who arrived on our shores, all the while doing nothing to tackle a surge in hate speech against these communities. These xenophobic actions and policies heightened as the number of COVID-19 cases grew.
Unsurprisingly, the mass detentions were counterproductive and led to widespread infections, as the overcrowded and unhygienic prisons became the ideal breeding ground for the growth of COVID-19 clusters and deaths.
In February this year, the government promised not to detain any undocumented workers willing to be inoculated, but within a matter of months, this policy was reversed once again as the number of infections soared.
Despite the high risk of COVID-19 transmissions in detention facilities, our Home Minister is once again trying to convince Malaysians that the arrests and detentions during this month’s lockdown will help tackle the spread of the virus, and ensure that migrants become vaccinated.
Not only does this hostile approach actually undermine vaccination efforts, but it is counterproductive for the safety of everyone. Spreading fear only creates further barriers for refugees, asylum seekers and undocumented persons to access health services, as it destroys their trust, and therefore the likelihood of them coming forward for testing, treatment and vaccinations. If they remain in hiding, it increases the risk that COVID-19 infections will rise, making it increasingly difficult to reach herd immunity.
By refusing to ensure vaccine equity for all, the government is failing to follow both human rights and public health standards. If the government really is aiming to stop the spread of the virus, it would improve its cooperation with organizations such as UNHCR, as well as NGOs, to create a safe space for undocumented migrants, refugees and asylum seekers to be vaccinated without repercussions. It would also put firewalls in place to create a clear separation between migration enforcement authorities and the health care sector, and ensure that personal data is not shared with migration authorities without consent.
This would be a more humane and effective way to vaccinate undocumented persons. They should not be penalized for being unable to obtain valid documents, when many became undocumented after falling victim to trafficking, abuse, exploitation, and other hardships. Instead of detaining non-registered migrants, asylum seekers and refugees, alternative measures should first be considered.
COVID-19 does not discriminate, and neither should we. To truly protect all of us from the virus, what is really needed is an end to immigration raids and an inclusive response that ensures vaccines are safely accessible to all of us living in Malaysia.
So, I ask all of us, the next time we hear the government spread anti-migrant speech, and brag about rounding up migrants supposedly for our own safety, let’s ask ourselves: who is the government really trying to protect? Because by shifting blame onto those in the most vulnerable situation in our society, it certainly doesn’t appear to be the general public, but instead themselves.
Maria Chin Abdullah is a Malaysian Member of Parliament and Member of ASEAN Parliamentarians for Human Rights (APHR)
May 25, 2021 | DFF, Statements
We, the undersigned international human rights organizations, call on the Cambodian government to immediately stop its assault on freedom of expression in the context of the COVID-19 pandemic. In recent months, the government has warned against public criticism of its actions, prevented independent journalists from reporting on the pandemic, prosecuted individuals for criticizing the inoculation campaign, and threatened journalists and social media users with legal actions on the spurious grounds of provoking “turmoil in society.”
While Cambodia was spared from high numbers of severe COVID-19 cases in 2020, beginning in February 2021 there has been a spike in cases to which the government responded with disproportionate and unnecessary measures in violation of Cambodia’s international human rights obligations. This includes a campaign against freedom of expression that further constricts media freedom and promotes fear and self-censorship in the country. These measures serve to undermine, not advance, efforts to stop the spread of COVID-19.
The Cambodian authorities placed a de facto ban on independent reporting in Phnom Penh’s red zones—areas deemed to be high risk for COVID-19 transmission. On 3 May 2021, the Ministry of Information announced that only state media or journalists invited by the government would be permitted to report from red zones. The next day, the Ministry of Information issued a letter warning journalists not to disseminate information that could “provoke turmoil in society” and threatening legal action against those who disobey. The letter followed viral livestream footage from multiple Facebook news outlets of long queues of COVID-19 patients outside government treatment centres.
The government’s campaign to silence critical commentary has extended beyond journalists to ordinary people, in a manner incompatible with international human rights standards.
In a press release dated 1 May 2021, the Government Spokesperson Unit demanded the immediate cessation of social media posts intended to “provoke and create chaos” in the context of the COVID-19 pandemic, referring to such posts as “acts of attack” that must be punished. The press release concluded by praising the efforts of government officials to curb the spread of COVID-19 but did not provide any legal justification for imposing these possible restrictions on the right to freedom of expression.
On 30 April 2021, Kandal provincial authorities warned farmers in Sa’ang district not to post images of vegetables spoiling in their fields due to the closure of markets, stating that such communications are bad for morale. One farmer, Tai Song, was pressured by the provincial authorities to sign a document agreeing not to post such content again after he shared a photo on Facebook showing his vegetables rotting and stating that he had to clear and throw away his crops.
The Cambodian authorities have arrested dozens of individuals for expressing critical opinions about the government’s COVID-19 response, including at least six individuals for their criticism of the government’s vaccination campaign. One Chinese journalist, Shen Kaidong, was subsequently deported for publishing a story deemed ‘fake news’ in which multiple Chinese nationals reported receiving a text offering them the Sinopharm vaccine for a service fee.
Authorities have also prosecuted at least three individuals—Korng Sambath, Nov Kloem, and Pann Sophy—for posting TikTok videos criticising the use of Chinese-made vaccines under the new, overly broad and vague Law on Measures to Prevent the Spread of COVID-19 and other Serious, Dangerous and Contagious Diseases (the COVID-19 Law).
These actions are consistent with the government’s systematic and relentless crackdown on freedom of expression and information spanning far beyond the beginning of the COVID-19 pandemic. This latest surge contributes to the government’s broader efforts to silence all critical voices in Cambodia.
The right to freedom of expression is protected by Article 19 of the International Covenant on Civil and Political Rights, to which Cambodia acceded in 1992, and by Article 41 of Cambodia’s Constitution.
Protecting public health is the grounds on which the government is purporting to restrict freedom of expression. While there is a legitimate need to counter the spread of misinformation online to protect public health during a pandemic, this objective must be provided by a clear and accessible law and pursued using the least intrusive means, rather than unnecessary and disproportionate measures like unwarranted arrests, detentions, and criminal prosecutions.
In its General Comment 34, the UN Human Rights Committee emphasized the essential role of the media in informing the public and stated that “in circumstances of public debate concerning public figures … the value placed [on] uninhibited expression is particularly high.” A 2017 Joint Declaration of four independent experts on freedom of expression stressed that “general prohibitions on the dissemination of information based on vague and ambiguous ideas” are incompatible with international human rights standards.
The UN Committee on Economic, Social and Cultural Rights emphasised in General Comment 14 that the protection of freedom of expression is a key component of the right to health—enshrined in Article 12 of the International Covenant on Economic, Social and Cultural Rights—enabling vital information collected by the public and journalists to reach policymakers. We therefore strongly condemn the Cambodian government’s efforts to inhibit the free flow of information relevant to the pandemic. Such actions will negatively impact the quality and reliability of news reporting and undermine the government’s own ability to respond to COVID-19.
Open dialogue and robust investigative journalism are critical during times of crisis, including public health emergencies. The Special Rapporteur on the right to health has emphasized the crucial role of the media in ensuring accountability in health systems. During a pandemic, free and independent media can help identify viral hotspots or outbreaks, monitor national and international responses, and promote transparency and accountability in the delivery of necessary public health services.
The Cambodian government’s clampdown on free speech is having a chilling effect on the exercise of freedom of expression in Cambodia. The authorities’ actions are reinforcing the already widespread atmosphere of self-censorship, preventing participation in governance and public affairs, and extinguishing an important safeguard for government accountability.
We therefore call on the Cambodian government to end the harassment of independent journalists reporting on COVID-19 and individuals who voice critical opinions or fears about the pandemic on social media platforms and to take steps to ensure a free, independent, and diverse media environment. We urge the Cambodian authorities to substantially amend or repeal the new COVID-19 Law and other non-human rights compliant legislation that criminalise or unduly restrict freedom of expression and information. The Cambodian government should uphold the right to freedom of expression, including the freedom to seek, receive and impart information instead of using a public health crisis as an excuse to extinguish dissent.
This statement is endorsed by:
1. Access Now
2. Amnesty International
3. ARTICLE 19
4. ASEAN Parliamentarians for Human Rights (APHR)
5. Asian Forum for Human Rights and Development (FORUM-ASIA)
6. CIVICUS: World Alliance for Citizen Participation
7. Human Rights Watch
8. International Commission of Jurists (ICJ)
9. International Federation for Human Rights (FIDH)
10. International Freedom of Expression Exchange (IFEX)
11. Reporters Without Borders (RSF)
12. World Organisation Against Torture (OMCT)
May 3, 2021 | DFF, Statements
JAKARTA – Regional lawmakers have today sounded the alarm over the Cambodian government’s disproportionate and excessive measures in response to COVID-19, and urged it to provide relief to those in need and to adopt a comprehensive approach that places human rights at its center.
Amid the rise of COVID-19 cases this year, Cambodia has introduced a slew of harsh laws, sub-decrees, and other measures to curb the spread of the virus, including by imposing heavy criminal penalties against those who violate them. Strict lockdown measures have also severely affected some residents’ access to basic necessities such as food, and have been enforced with violence by the police. Meanwhile dozens of people have been arrested or received arrest warrants on incitement charges for criticizing the government’s response to the pandemic, including opposition leader Sam Rainsy.
“While the government has an obligation to prevent the further spread of COVID-19, its measures must be necessary and proportionate to the threats posed by the virus. What we are seeing however is a government that is issuing threats and violence and pushing people further into hunger,” said France Castro, member of ASEAN Parliamentarians for Human Rights (APHR) and a Philippine Member of Parliament (MP).
For example, the Law on Measures to Prevent the Spread of COVID-19 and Other Serious, Dangerous and Contagious Diseases allows authorities to restrict travel, gatherings, demonstrations, and business operations or professional activities. Offenders under this law can be sentenced to up to 20 years in prison and fined 20 million riels (US$5,000). According to human rights group LICADHO, at least 258 people were arrested under the COVID-19 Law between 10 and 25 April and fined, sent to quarantine centers and/or sent to court.
“Twenty years in prison for not respecting a travel ban or for taking part in a demonstration is totally excessive. The pandemic should not be used as an excuse by the government to impose dictatorial and anti-democratic rules,” said Wong Chen, APHR member and a Malaysian MP.
In addition, the lockdown measures imposed in specific areas known as “red zone” in Phnom Penh have reportedly cut off food supplies for tens of thousands who are now in dire need of aid. These restrictions, which ban residents from leaving their homes unless for medical reasons, initially saw the government commit to providing food and water, but it has since said they will be selling products instead. Garment workers, who rely on daily wages and have not been able to work, have been especially affected as many clothing factories are located within this high-risk infection zone.
The government has since extended the lockdown until 5 May.
“The very same people the government is supposed to protect are now most at risk of severe financial hardship. For a successful recovery from this crisis, the government has to be compassionate and not be cruel. The government should focus on access to food, protection of jobs via a wage subsidy scheme, and larger welfare and fiscal spending. By empowering people with more rights and protection, the people will become more resilient and productive and this in turn will positively contribute to a full recovery from the pandemic,” said Wong.
Mar 25, 2021 | DFF, Statements
JAKARTA – In the one year since Thailand declared an “emergency situation” to curb the spread of COVID-19, the government has used it as an excuse to crack down on fundamental freedoms, particularly amid a rise in anti-government demonstrations in the country, lawmakers across Southeast Asia said today. The parliamentarians urged authorities to lift the emergency and end its crackdown on critics and peaceful protesters.
“It’s absurd that Thailand still has its emergency in place after a year, when the number of COVID-19 cases have remained at a low level. While it’s crucial for the government to take steps to protect its people from the virus, the authorities’ repeated use of the emergency against critics and peaceful protesters make it clear that it has been used to end the demonstrations rather than the pandemic,” said Mu Sochua, a Board Member of ASEAN Parliamentarians for Human Rights (APHR), and a former Member of Parliament (MP) in Cambodia.
“Emergency measures should be put in place to deal with a specific threat, in this case health, not an opportunity to curtail voices the government doesn’t like,” added Mu.
On 25 March 2020, a year ago today, the Thai Prime Minister declared a state of emergency under a 2005 Emergency Decree, which allowed him to issue restrictive regulations such as a ban on gatherings, prohibit publications on overly-broad grounds, and the use of routes or vehicles. Violations of these regulations carry a prison sentence of up to two years.
The Decree makes no mention of parliamentary scrutiny, limits legal challenges, and extensions of the declaration of emergency only require approval from the Council of Ministers. This is in violation of international standards.
The emergency has been used to excessively restrict civil liberties and lacks any real safeguards to prevent such abuse in the first place, said APHR.
In addition, the emergency regulations have clearly been used to crackdown on the nationwide protest movement that swept the country. According to human rights organization Thai Lawyers for Human Rights (TLHR), the emergency regulations have been invoked against at least 314 people. Eighty-six of these cases were made under the current emergency to respond to the pandemic. The remaining cases were under a different serious emergency situation declared in response to protests, which lasted from 15 to 22 October 2020. Most of those facing charges are peaceful protesters, and government critics.
Peaceful protests have also been met by authorities with excessive use of force, including the use of batons, rubber bullets, tear gas, and water cannons. According to Amnesty International, more than 380 protesters, including 13 children, face criminal charges while alleged protest leaders remain in detention. They have been calling for major changes to Thailand’s political order, including the release of detained activists, the enactment of a new Constitution, and reforms to the monarchy.
“Prime Minister Prayut should realize that a conducive environment for open debate will only develop public trust in his government and contribute to the fight against the COVID-19 pandemic. This means allowing its people to participate in democratic processes, such as to peacefully assemble and express opinions, as well as ensure that important decisions related to emergencies are promptly reviewed by parliament. Rather than prosecuting critics, he should engage in open and constructive dialogues to respond to their demands,” said Mu.
