15-Year-Old Activist Faces Pretrial Detention for Alleged Lèse-Majesté Offenses
Human Rights Watch has urged the Thai authorities to immediately release 15-year-old activist Thanalop "Yok" Phalanchai, who has been detained for allegedly defaming the monarchy. The teenager was arrested in Bangkok in March 2023 and charged with lèse-majesté, or insulting the monarchy, for criticizing the institution during a rally last October.
Phalanchai is being held in pretrial detention at the Justice Ministry's Ban Pranee Juvenile Vocational Training Center for Girls, where she faces a lengthy detention period, as she allegedly violated Article 112 of Thailand's criminal code, which can result in up to 15 years in prison. Human Rights Watch has called on the Thai government to drop the charges and release the teenager, stating that the arrest sends a "spine-chilling message" that even children are not safe from punishment for expressing their opinions.
The number of lèse-majesté cases in Thailand has increased significantly in the past year, with more than 200 people charged since November 2020. Human Rights Watch has repeatedly expressed concern about the Thai government's use of arbitrary arrest and pretrial detention to silence critics of the monarchy.
The Convention on the Rights of the Child, which Thailand has ratified, stipulates that the arrest, detention, or imprisonment of a child "shall be used only as a measure of last resort and for the shortest appropriate period of time." The International Covenant on Civil and Political Rights encourages bail for criminal suspects and states that persons awaiting trial should not be detained in custody as a general rule.
Human Rights Watch is calling for the Thai government to engage with UN experts and amend the lèse-majesté law to bring it in line with international human rights standards. The group notes that lèse-majesté prosecutions also raise serious freedom of expression concerns under the ICCPR.
In conclusion, the detention of Thanalop "Yok" Phalanchai highlights the continued issues surrounding freedom of expression and arbitrary detention in Thailand. Human Rights Watch is urging the Thai authorities to release the teenager and drop the charges against her, and to uphold the rights of citizens to free speech and expression.