Waging Justice
Protesters seeking to effect change by taking to the streets increasingly find themselves at risk of prosecution under sedition, national security or ‘public order’ laws. TrialWatch is monitoring multiple cases in Hong Kong, Thailand, and elsewhere concerning protesters being targeted for their actions.
CFJ and TrialWatch Expert the Honourable Kevin Bell AM KC submitted an amicus brief submitted to the Bangkok Criminal Court saying Thailand should dismiss the case against 22 protest leaders charged with insulting the monarchy – otherwise known as lèse-majesté — sedition, and a range of public order offenses, and adhere to its international human rights obligations.
The absurdity of this situation is highlighted by the fact that the defendants are charged with lying that the King was not in Thailand during certain periods at the same time as defense lawyers have been prevented from accessing routine travel records.
The Honourable Kevin Bell AM KC, TrialWatch Expert
Tong Ying-kit was convicted under the National Security Law of ‘inciting secession’ and ‘terrorist activities’ for displaying the popular protest slogan “Liberate Hong Kong Revolution of Our Times” and colliding with police officers at a protest while on his motorbike. He was given a severe nine-year sentence, despite the fact that the court acknowledged his conduct was not “the worst of its kind.”
The authorities used this first case not to punish serious criminal conduct but as an exemplar to chill speech and conduct by the general public.
TrialWatch Report
The ABA Center for Human Rights and Human Rights Embassy monitored 15 protest-related cases as part of TrialWatch, one of which was brought against a human rights lawyer,
The cases show Belarus’ assembly line of injustice in action. The defendants were generally arrested after or in the vicinity of protests and detained pending trial. Some were actually protesting; others happened to be in the wrong place at the wrong time and were swept up in the arbitrary arrests.
Anastasia Shevchenko was convicted of participating in an ‘undesirable organization’ for holding up a flag that said “#FEDUP” at a peaceful protest and speaking at a meeting about an organization that advocated for free and fair elections. This conviction—in the first criminal case under the ‘undesirable organizations’ law—followed arbitrary house arrest that prevented her from seeing her terminally ill daughter and invasive hidden-camera surveillance.
The proceedings seem to have been intentionally cruel, with the court denying Ms. Shevchenko the right to visit her dying daughter and weaponizing surveillance footage.
Katerina Hadzi-Miceva Evans, TrialWatch Expert
Photojournalist in Bangladesh Facing 14 Years for Charges Under a Law That No Longer Exists
Thailand Should Dismiss Charges Against 22 Protest Leaders
Hong Kong’s First Sedition Trial in Decades Sets Dangerous Precedent
Sedition Laws Need Urgent Reform, TrialWatch Report Finds
Pro-Democracy Activist in Kazakhstan Convicted of Extremism for Facebook Posts