ICTUR in Action: Trial observer

Abstract

ICTUR IN ACTION ❐ TRIAL OBSERVATION, THAILAND Charges brought against Hall Following publication of the report the Natural Fruit Company claimed that it had suffered financial and reputational harm as a result of what it claimed were misleading statements contained in the report and given out in the course of a press interview Hall gave to the Al Jazeera media channel . The company brought a civil defamation action against Hall seeking compensation for the losses it claimed to have sustained as a result of the publication. The civil claim was followed by multiple criminal defamation charges and then further civil claims. Altogether six different legal actions were initiated against Hall. The researcher faces the prospect of up to seven years imprisonment and the possible imposition of fines running into millions of euros. Concerned by the use of defamation law against a labour rights researcher, and in particular by the use of criminal defamation laws, ICTUR contacted Finnwatch and made arrangements to send a trial observer. ICTUR has been concerned for some years by the use of similar legal actions in Thailand and around the region in cases where labour and human rights violations have been reported. The 95 percent conviction rate for criminal defamation in Thailand gave further cause for concern. During the trial By order of Judge Rotsawan Thapsuwan the Court recognized and granted right of attendance to ICTUR with full permission for Mark Plunkett to observe. The trial opened in a courtly fashion with a sense that proceedings would be very open, tolerant, and fair to all with no intimidation . The proceedings were well attended, with representation by the British, Finnish and Australian Embassies, NGOs, and members of the international and local press. Mr Pong-Sul Ahn, Senior Specialist in Worker Activities of the ILO, was also in attendance. However after a few days the judge ordered members of the public gallery, including Mr Plunkett, not to take notes. The trial was a criminal defamation case based on alleged defamatory material published in the context of an interview with Andy Hall carried out by the Al Jazeera news agency, which was subsequently posted to YouTube. The fact of the publication was not in issue, but there was detailed cross examination by the defence counsel about whether it was the defendant who published the words complained or the Aljazeera journalist, and whether the words were about the complainant company specifically, or more generally about Thai industry. The defence cross-examination sought to prove that the extra-territorial reach of the Thai laws Labour rights researcher facing criminal charges Thai criminal defamation laws used to inhibit free speech and media coverage have an extraordinarily high conviction rate of around 95 percent INTERNATIONAL union rights Page 16 Volume 21 Issue 3 2014 ANDY HALL (above) is a labour rights researcher facing civil and criminal charges in Thailand DANIEL BLACKBURN reports on a trial observation arranged by ICTUR The ITF contributed to Mr Plunkett’s travel costs I n September British labour rights researcher Andy Hall was on trial in Thailand facing charges of criminal defamation and the possibility of a prison sentence and large fine in relation to his work to expose human rights violations . Thai criminal defamation laws limit free speech in the country and have an extraordinarily high conviction rate of around 95 percent. The International Centre for Trade Union Rights (ICTUR) commissioned barrister Mark Plunkett, a lawyer of 32 years standing who has practised throughout Australia and the Asia-Pacific region, to observe all proceedings in the trial of Special Prosecution Office v. Andrew Jonathan Hall, held at the Phrakanong Provincial Court, Bangkok, Thailand from 2 September to 10 September 2014. This update does not contain Mr Plunkett’s analysis of the trial, his findings, or recommendations , which are reserved for publication on the day the Court gives its verdict, 29 October 2014. ■ The report will be then available at: www.ictur.org/Doc/Plunkett.doc Background Hall is a British academic and expert in migration based at Mahidol University in Thailand. He has more than ten years experience in researching labour and migration issues in and around Thailand, and was hired as a researcher to produce a report...