The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of Thailand on 27 November 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this time frame. If a reply is received it will be posted on the UN Special Procedures communications database.
After the communication was sent, from 11 to 13 December 2024, the Pattani Provincial Court heard witnesses from both the defendant’s and the plaintiff’s side. Mr. Asmadee Bueheng reiterated his innocence and stated that he was solely doing his work as a journalist, observing and documenting the situation. The Court prepares to issue its verdict on 24 February 2025.
Update (13 March 2025): On 24 February 2025, the Pattani Provincial Court acquitted Asmadee Bueheng of all charges due to lack of evidence supporting the allegations.
This is a shorter version of the original communication.
BACKGROUND
Topic: the charges brought against journalist and human rights defender Mr. Asmadee Bueheng, which appear to be linked to his work on documenting and denouncing extrajudicial killings.
Mr. Asmadee Bueheng is a freelance independent journalist, writer and researcher from Pattani province and a human rights defender, who has been working on documenting the challenges faced by Thai Malay ethnic group and exposing reported human rights violations in the southern provinces of Thailand. It has been reported that due to his human rights work, Mr. Asmadee faced intimidation and threats to his safety in the past.
ALLEGATIONS
On 2 December 2023, Mr. Asmadee was charged with “resisting or obstructing officials in the due exercise of their functions” under sections 83, 138 and 140 of the Criminal Code of Thailand, as amended by Revolutionary Council Order No. 41 of 1976. The charges relate to the retrieval of the body of a victim of an alleged extrajudicial killing from a hospital in Pattani on 28 April 2023, which according to the prosecutor prevented officials from completing the identification and fingerprinting needed to investigate the killing of the victim. The body was recovered from the hospital to allow for burial rites within 24 hours from the death, in line with the Islamic tradition. Mr. Asmadee was reportedly documenting the incident of alleged extrajudicial killing when the body was retrieved.
On 2 September 2024, the Pattani Provincial Court held a hearing and took testimony from Mr. Asmadee and the other parties involved. At the hearing, the human rights defender denied the charges, arguing that he did not commit any wrongdoing and his work on observing and documenting the incident of alleged extrajudicial killing was conducted in accordance with the law.
Mr. Asmadee’s trial is scheduled for 11-13 December 2024. Both the plaintiff and the defendant will present witnesses in court to testify.
CONCERNS
In the communication, we express our concern about the charges faced by Mr. Asmadee, which we fear might be linked to his human rights work, including his journalistic activities on documenting reported human rights violations, and his coverage of cases of potential extrajudicial executions as a journalist. The criminalization of Mr. Asmadee might have a negative impact on the right to freedom of expression and the right to access information of public interest, and it might have a chilling effect on the broader civic space, hindering human rights defenders’ work in the southern provinces of Thailand. We trust that a prompt and fair trial will determine the innocence of Mr. Asmadee and will allow him to continue his work free of harassment and intimidation.
Independent and impartial investigations and a fair trial must also be conducted in relation to alleged extrajudicial killings in order to seek justice for the victims and their families, without further targeting them. We note in this regard that investigations should be conducted in line with international standards including the Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), which observes that investigators should endeavour to respect the culture and customs of all persons affected by the investigation, as well as the wishes of family members, while still fulfilling their duty to conduct an effective investigation (para. 43).
