demonstrating in public and release them from custody. It further urges theGovernment to review its use of laws that limit freedom of expression andfreedom of assembly in line with its obligations under international humanrights law.
On 26 June, police and soldiers arrested 14 students in Bangkok based on awarrant issued by the military court for allegedly inciting unrest undersection 116 of the Criminal Code. The charges relate to a demonstrationheld by the students at the Democracy Monument in Bangkok on 25 June.Section 116 carries a maximum sentence of seven years in prison.
The students already had arrest warrants issued against them for havingconducted peaceful demonstrations in Bangkok and Khon Kaen on 22 May tomark the first anniversary of the coup d'état, allegedly in breach of OrderNo. 3/2015 of the National Council for Peace and Order (NCPO). The NCPO
Order prohibits political gatherings of more than five people with amaximum sentence of six months in prison.
Another two students appeared at the military court in Bangkok on 29 Junefor breaching the NCPO order for participating in the 22 Maydemonstrations. One reported himself to the police on 22 June and was laterreleased on bail. The other student was arrested at hospital based on awarrant while she was receiving medical treatment.
As a state party to the International Covenant on Civil and PoliticalRights, Thailand has the obligation to uphold the right to freedom ofexpression (article 19) and the right to freedom of peaceful assembly(article 21). Although both articles allow the rights to be restricted, anyrestriction has to be by law, necessary for a legitimate purpose andproportional to achieve the need. OHCHR is concerned that criminalprosecutions for peaceful assembly and expression that carry long prisonterms are not necessary or proportional.
On 23 May 2014, a day after the coup d'état, the United Nations HighCommissioner for Human Rights publicly expressed serious concern about therestrictions on fundamental freedoms imposed by the NCPO, adding thatfreedom of expression and freedom of assembly are particularly important in
resolving difficult political issues through dialogue and debate. Now morethan one year on, despite pledges by the Government to promptly restore therule of law, restrictions on fundamental freedoms remain in place.