Case History: Surapan Rujichaiwat
On 20 August 2015, the Mae Sod Provincial Court held a preliminary hearing in the case against human rights defender Mr Surapan Rujichaiwat and issued a trial order against him.
Surapan Rujichaiwat is now officially charged with defamation following a post on social media calling for an investigation into the activities of Tung Kha Limited Company (TKLC).
Surapan Rujichaiwat is a Wang Saphung community leader and human rights defender actively involved in opposing the opening of a gold mining project in Loei Province in north-eastern Thailand. He has regularly attended and given talks at environmental meetings. Surapan Rujichaiwat raised awareness about the possible negative impact of the mining operation on the health and livelihood of local communities. He has been part of the core coordination team of the Khon Rak Ban Koed Group, a group of villagers from six villages that strives to protect the environment and natural resources of their village, and to uphold their community’s agricultural practices.
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- 24 Août 2015 : Charges against Surapan Rujichaiwat
- 13 Août 2015 : Judicial harassment of Surapan Rujichaiwat
- 12 Décembre 2014 : Legal cases against Surapan Rujichaiwat and other Wang Saphung community leaders dropped
- 31 Octobre 2014 : Court rules to proceed with trial against human rights defender Mr Surapan Rujichaiwat
- 19 Août 2014 : Continued intimidation of human rights defender Mr Surapan Rujichaiwat
On 20 August 2015, the Mae Sod Provincial Court held a preliminary hearing in the case against human rights defender Mr Surapan Rujichaiwat and issued a trial order against him.
Surapan Rujichaiwat is now officially charged with defamation following a post on social media calling for an investigation into the activities of Tung Kha Limited Company (TKLC).
On 20 August 2015, the Mae Sod Provincial Court held a preliminary hearing in the case against the human rights defender and accepted the charges against him. The trial will begin on 12 October 2015 and will take place at the same court. It is reported that Surapan Rujichaiwat will be expected to post bail of between THB 50,000-100,000 (EUR 1250-2500). If unable to do so, the court may issue a detention order.
The human rights defender faces criminal charges for violating Article 326 of the Criminal Code of Thailand (defamation) and Article 14(1) of the Computer Crime Act (publishing false computer data causing damage to a third party or the public). On 7 May 2015, Suraphan Rujichaiwat received a warrant from Mae Sod Provincial Police station informing him of charges brought against him following a criminal complaint by TKLC. The company claimed that his post on the Loei-mining Facebook Page calling for an investigation into the mining activity is misleading and an act of defamation. The company further accused Surapan Rujichaiwat of submitting false information to the UN and other institutions.
On 20 August 2015, a preliminary court hearing in the case of human rights defender Mr Surapan Rujichaiwat will take place at the Mae Sod Provincial Court. He is charged with defamation following a post on social media calling for an investigation into the activities of Tung Kha Limited Company (TKLC).
On 20 August 2015, the Mae Sod Provincial Court will decide whether to conduct a trial against Surapan Rujichaiwat. If the Court accepts the case, the human rights defender will become a defendant in a criminal case and therefore may be detained.
On 7 May 2015, Suraphan Rujichaiwat received a warrant from Mae Sod Provincial Police station informing him of charges brought against him following a criminal complaint by TKLC. The company claimed that his post on the Loei-mining Facebook Page calling for an investigation into the mining activity is misleading and an act of defamation. The company further accused Surapan Rujichaiwat of submitting false information to the UN and other institutions.
Surapan Rujichaiwat and his KRBK colleagues have protested against the mining industry and the expansion of the Phuthapfa gold mine by TKLC, in the Loei province. As a result, Surapan and his colleagues have been targeted on several occasions. On 15 August 2014, TKLC had filed a criminal complaint against Surapan Rujichaiwat along with a separate complaint against fellow human rights defender Ms Porntip Hongchai, accusing both of “damaging the company's reputation”. Although the cases were withdrawn on 8 December 2014, the harassment continued. On 16 August 2014, Surapan Rujichaiwat's wife received an anonymous phone call in which threats were made against her husband due to his continued activism.
On 8 December 2014, Tungkum Limited Company (TKL Company) withdrew eight legal cases against 33 villagers, including human rights defender Mr Surapan Rujichaiwat, who are members of the land rights group Khon Rak Ban Koed (KRBK). According to the agreement signed by TKL Company and KRBK on 4 December 2014, the cases against the 33 land rights defenders were dropped based on a conditional exchange between TKL Company and the KRBK group members.
On 15 August 2014, TKL Company had filed a criminal suit against Surapan Rujichaiwat along with separate charges against fellow human rights defender Ms Porntip Hongchai, accusing both of “damaging the company's reputation”. On 29 October 2014, the Phuket Provincial Court had ruled to proceed with a criminal defamation case against Surapan Rujichaiwat and his trial had been scheduled to begin on 9 February 2015.
As part of the conditions for the agreement to drop the cases against the land rights defenders, the villagers must allow officials to remove the barricade that they had constructed to block the road to the mine and TKL Company cannot recommence further mining activities but will be allowed to remove 1,600 tonnes of ore which had previously been inaccessible as a result of the mine being temporarily shut down. During the weekend following the agreement, the police and the army arrived to monitor the situation at the entrance to the mine as more than 40 trucks were used by the mining company personnel to clear the barricades.
Early on 8 December 2014, TKL Company withdrew all case files against the Wang Saphung community members, including the defamation cases. The prosecutor's office still has 22 cases pending against villagers for trespassing, which will be withdrawn upon payment of a fine.
On 29 October 2014, the Phuket Provincial Court ruled to proceed with a criminal defamation case against human rights defender Mr Surapan Rujichaiwat.
On 15 August 2014, gold-mining company Tung Kha Limited Company (TKL Company) filed a criminal suit against him along with separate charges against fellow human rights defender Ms Porntip Hongchai, accusing both of “damaging the company's reputation”.
The Phuket Provincial Court ruled to proceed with a trial against Surapan Rujichaiwat despite a lack of video or photographic evidence presented in court. The plaintiff, TKL Company, has accused Surapan Rujichaiwat and Porntip Hongchai of damaging the company's reputation when giving individual interviews to television channels TNN 24 and Nation TV, on 16 and 17 May 2014. The company claims that in these alleged interviews to several media outlets, both human rights defenders talked about the events of 15 May 2014 when a group of approximately 300 unidentified armed men wearing black entered Nanongbong village and physically assaulted and threatened the villagers. At the same time, around thirteen trucks were seen transporting materials from the mine.
A preliminary court hearing of the case against Surapan Rujichaiwat was held on 20 October 2014. The Court decided to continue with the case despite a lack of video or photographic evidence of the above-mentioned interviews. The only evidence presented was video footage of the report from TNN 24 Channel where a news anchor read statements reportedly made by Surapan Rujichaiwat.
The trial of Surapan Rujichaiwat is now scheduled to begin on 9 February 2015. On 3 November 2014 the Phuket Provincial Court is expected to rule whether to proceed with a criminal defamation case against fellow human rights defender, Porntip Hongchai.
If the court finds the human rights defenders guilty, they could face up to two years of imprisonment and a fine of 200,000 Thai baht (approximately 4 870 Euro).
On 16 August 2014, the wife of Wang Saphung community leader Mr Surapan Rujichaiwat received a phone call during which an unidentified individual threatened him for his campaign work on behalf of the Wang Saphung community in relation to its dispute with the gold-mining company, Tung Kha Limited Company (TKLC).
Two civil lawsuits, taken by TKLC against local villagers, are being heard between 19 and 22 August 2014. The company is seeking compensation ranging from HB 50 million to THB 700 million (US$ 1.5 to 2.2 million) from each villager. Twenty villagers are being sued in case Por 974/2556, and six villagers are being sued in case Por 859/2556.
On 15 May 2014, a group of approximately 300 unidentified armed men wearing black entered Nanongbong village and proceeded to physically assault the villagers. During the raid, around forty villagers were held for about seven hours with their hands and feet bound. Reportedly, the detained villagers were threatened with guns, physically assaulted, and some women were threatened with rape. At the same time, around thirteen trucks were seen transporting materials from the mine. Seven villagers were hospitalised as a result of the raid and more than twenty were left injured.
On the afternoon of 30 May 2014, about half a dozen armed and muscular men were seen standing among the rubber trees near Surapan Rujichaiwat's home. At around 8:00 pm on 1 June 2014, gunshots were heard behind the house of another community leader. There are rumours that a group has been employed to kill the community leaders. As a result of the danger, villagers were too afraid to go out to tap rubber for fear of losing their lives, and are staying indoors after sunset. KRBG has expressed its rejection of gold mining through a series of mass demonstrations and cultural activities in defence of a healthy environment.
On 17 August 2014, a meeting was held between the Wang Saphung community and TKLC representatives. The meeting was mediated by the Wang Saphung District Chief and other authorities were also present, including the Military District Commanding Officer for Loei Province, the Provincial Police Chief, and the Managing Director of TKLC, as well as the concerned village leaders. Reportedly. no agreement was reached during the meeting.
