AL THA 5/2023: Disbarment Proceedings against Lawyer Arnon Nampa

Name:

Arnon Nampa

Case/Violation Status:

Ongoing

Date of Communication:

24 August 2023

Mandates:

  1. Special Rapporteur on the independence of judges and lawyers
  2. Special Rapporteur on the situation of human rights defenders

Information of the Victim

  • Arnon Nampa is a lawyer and human rights defender, and one of the founders of the Thai Lawyers for Human Rights (TLHR). Since 2014, he has provided pro bono legal assistance to persons in vulnerable situations.
 
  • Since late 2020, Mr. Arnon has been involved in more than 50 criminal cases, representing over 50 human rights defenders, pro-democracy activists, and political dissidents. He has experience working on highly sensitive cases, such as civilian cases in military courts after the 2014 coup, cases under Section 112 (lèse-majesté), and cases related to constitutional amendments and the reform of the monarchy, such as the “19 September Assembly,” the “German Embassy Assembly,” and the “Free Youth” case.
 
  • Currently, Arnon is being prosecuted under Section 112 in over 14 cases, with judgments rendered in 10 cases by the court of first instance and 4 cases still pending judgment. Arnon’s total sentence currently stands at 29 years, 1 month, and 20 days. Arnon has been detained at Bangkok Special Remand Prison since 26 September 2023.
 

Information on Rights Violations

.

Facts

  • On 3 August 2020, Mr. Arnon Nampa delivered a speech calling for reform of the monarchy institution at a Harry Potter-themed public assembly at the Democracy Monument.

.

Disbarment Proceedings

  • On 7 August 2020, Mr. Aphiwat Khanthong, Assistant Minister to the Prime Minister’s Office, acting as a lawyer, filed a complaint with the Lawyers Council of Thailand (LCT). The complaint alleged that Mr. Arnon engaged in professional misconduct by “distorting facts, giving defamatory, sarcastic, and seditious speeches, causing damage and hatred towards the monarchy institution with the aim of causing disunity in the country….”
 
  • On 21 August 2020, the Thai Human Rights Lawyers Association collected the signatures of 266 lawyers and legal professionals to submit an open letter requesting that the LCT dismiss the complaint, arguing that it did not comply with LCT regulations.
 
  • On 13 January 2021, the LCT’s Professional Misconduct Committee appointed a three-person investigation committee to examine the allegations against Mr. Arnon.
 
  • On 17 February 2021, the International Commission of Jurists (ICJ) published an open letter to the President of the LCT, urging withdrawal of the complaint. The ICJ expressed concern that the investigation process would constitute inappropriate interference with Mr. Arnon’s work as a lawyer, adversely affect his clients’ cases, and infringe upon his human rights, including his freedom of expression.
 
  • On 11 May 2021, Mr. Arnon submitted his defense statement to the LCT. He also filed a motion objecting to the appointment of the investigation committee chair, Dr. Wichien Ruchithamrongkul, citing the chair’s connection to the National Council for Peace and Order (NCPO) reserve list for Senate members.
 
  • On 18 June 2021, the Professional Misconduct Committee unanimously rejected Mr. Arnon’s objection.
 
  • On 3 August 2021, Mr. Arnon filed a motion challenging the Committee’s rejection order.
 
  • On 24 November 2021, the LCT postponed the first readiness hearing because Mr. Arnon wished to attend all investigation sessions and present his defense in person, but he was in custody and denied provisional release in the “19 September Reclaim Power” assembly case.
 
  • On 3 February 2022, at a readiness hearing, Mr. Arnon’s authorized lawyer informed the investigation committee that Mr. Arnon wished to defend himself and attend every inquiry session, despite being incarcerated.
 
  • On 7 April 2022, the investigation committee scheduled a new readiness hearing and planned to use video conferencing to allow Mr. Arnon to participate from prison if he remained detained.
 
  • On 17–18 July 2023, the final two witness inquiry sessions were scheduled.
  • The Special Rapporteurs expressed grave concern over the disbarment proceedings against Mr. Arnon Nampa, which appear to constitute reprisals for his work providing legal services to civil society activists who hold views critical of the State, as well as for exercising his right to freedom of expression. If the facts are confirmed, this would represent a serious violation of international standards governing the free and independent practice of the legal profession.
 
  • The Special Rapporteurs emphasized that the State has a duty to take all appropriate measures to ensure that lawyers can perform their professional functions without intimidation, hindrance, harassment, or improper interference. The State must guarantee that lawyers shall not be subjected, or threatened with, prosecution or administrative, economic, or other sanctions for any actions taken in accordance with recognized professional duties, standards, and ethics. International standards also prohibit associating lawyers with their clients or their clients’ causes. Lawyers, like other citizens, are entitled to freedom of expression and the right to participate in public discussions on matters concerning the law, the administration of justice, and the promotion and protection of human rights, without facing professional restrictions.
 
  • Finally, the Special Rapporteurs expressed concern regarding the ongoing process at the Lawyers Council of Thailand (LCT). Without the protection of an independent bar association, lawyers are particularly vulnerable to attacks, especially from State authorities. In jurisdictions where the bar association is under State control, lawyers frequently become targets of the very institution that is meant to safeguard them. Such silencing or control of the bar association not only endangers the legal community but also undermines the rule of law and the public’s ability to access legal remedies and defend human rights.
  1. Any further information and/or comments concerning the above-mentioned allegations.
  2. Details of the facts that led to the process for the revocation of Mr. Arnon’s lawyer’s license and an explanation of how this action complies with Thailand’s obligations under the ICCPR.
  3. Detailed information on the structure, powers, and functions of the Lawyers Council of Thailand (LCT), its relationship with the Thai Government, and an explanation of the degree of independence of the body.
  4. Information on the legal and other measures taken by Thailand to guarantee that lawyers are able to perform their professional functions without interference (Principle 16), are not identified with their clients or their clients’ causes (Principle 18), and have the right to freedom of expression (Principle 23).
  5. An explanation of the measures taken to guarantee that all human rights defenders in Thailand (especially those exercising their right to freedom of expression) can carry out their peaceful activities without fear of judicial harassment or reprisals.
  • International Covenant on Civil and Political Rights (ICCPR)
    • Article 14: Right to a fair trial by a competent, independent, and impartial tribunal and access to a lawyer.
    • Article 19: Right to freedom of opinion and expression.
    • Article 21: Right to freedom of peaceful assembly.
 
  • UN Declaration on Human Rights Defenders
    • Articles 1 and 2: The right to promote and protect human rights and the primary duty of the State to protect them.
    • Articles 5 and 6: The right to meet or assemble peacefully and the right to impart information and knowledge on human rights.
 
  • UN Basic Principles on the Role of Lawyers
    • Principle 16: Governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference.
    • Principle 18: Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.
    • Principle 23: Lawyers shall have the right to freedom of expression, belief, association and assembly, and shall be entitled to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights.