SLAPP (Strategic Lawsuit Against Public Participation) against IPHRD, Mr. Wut Boonlert

Introduction:            

Mr. Wut Boonlert, a Karen activist living at 189 M.1, Suanphuing sub-district, Suanphuing district, Ratchaburi province. He was born on 6 December 1954. He works with the Karen Network for Culture and Environment or KNCE in western region as an advisor.

KNCE is a member of the Network of Indigenous Peoples in Thailand  – NIPT. KNCE aims to promote and protect land and resource rights for Karen ethnic group; to empower community leaders, and to raise awareness on the rights of IPs and communities living in protected areas. Activities undertaken by KNCE include conduct training workshops on indigenous peoples land and resources rights, documentation on human rights violation cases, self-determined development and following up the proposed establishment of the Kaeng Krachan Forest Complex (KKFC) be inscribed as a natural world heritage site.

Mr. Wut has provided support and help Karen people in Kaeng Krachan area since 2011. Below are activities that Mr. Wut has provided support to affected Karen communities.

1. On August 2011. Mr. Wut Boonlert was entrusted by 20 households of affected Karen Peoples to submit a letter to the National Human Rights Commission requesting a legal assistance and protection to affected Karen villagers who were evicted by the National Park officers. The NHRC investigated the case and produced a comprehensive report with recommendations to resolve the problems.
2. 2014, Mr. Wut also submitted the case to the Lawyer Council and requested the organization filing a legal case against the act of Kaeng Krachan National Park Office and Ministry of Natural Resources and Environment to the Administrative Court.  The case was continued and finally went up to the supreme Administrative Court. In 2018, the Supreme Administrative Court ruled out that the relocation of Karen Peoples was not in compliance with the National Park law and contradicted with the Cabinet Resolution the 3^rd August 2010 on the restoration of Karen Traditional Livelihoods. As a result of this, the court ordered the Department of National Park to pay a compensation to 6 families 50,000 THB each for the damage causes to their houses and properties.
3. 26^th March, 2018 KNCE and its partner organizations such as NHRC, IUCN, and IPF conducted a dialogue workshop with National Park to find out possible solutions to resolve the long-standing land and forest conflict in Kaeng Krachan Forest Complex.  The discussion was not very fruitful as it lacked cooperation from the national park officers.
4. 5^th July, 2018 Mr. Wut Boonlert as an advisor to the Karen Network for Cultural and Environment together with a working group of National Human Rights Commission for Citizenship and the rights of Ethnic Groups had prepared required documents, evidences and witnesses to apply for a Thai citizenship for Mr. Ko-i Meemi, a 107 years old  and a spiritual leader of Keren people in KKFC
5. August, 2017, Mr. Wut was invited by NHRC to speak on the rights of ethnic group, focusing on the human rights situation in the western region of Thailand including Kaeng Krachan. The event was held by NHRC during 30^th August to 1^st September at Huahin, Petchaburi province.
6. 2015 – 2018 on the 17^th April of every year, KNCE, Amnesty International and other partner organizations organize the memorial activity for Mr. Phorlajee Rakjongchareon who went missing after he was detained by Mr.Chaiwat – a former head of Kaeng Krachan National Park.  The Department of Special Investigation recently found a piece of born belonging to Mr.Phorlajee. He is now officially declared dead. His case was filed to the Court of Justice by the DSI but later it was dismissed by the prosecutor on ground that the supportive evidence was not sufficient. Mr. Pholajee’s wife is now taking a legal lawsuit against the involved park officers (on forced disappearance of Mr. Pholajee). The process is on-going.

Legal cases against Mr. Wut

Mr. Wut has been charged with two legal cases.  The first one is on defamation of Mr. Chaiwat Lim-lichitaksorn, the former head of Kaeng Krachan National Park office. The second is on insulting of the judge.

The defamation and violation of the Computer Crime Act

The Kannayao police station investigators received a complaint from Mr. Chaiwat, the former head of Kaeng Krachan National Park to prosecute Mr. Samak Donnapi and Mr. Wut Boonlert on charge of defamation by advertisement and offenses relating to computer crimes in the criminal case (No. 1769/2016).

Mr. Boonlert received a subpoena to acknowledge the allegation on March 16, 2017. Police Colonel Thanasak Phongsiang, Deputy Inspector Investigation of the Kannayao Police Station claimed that Mr. Wut posted on August 28, 2016 on Facebook named wut Boonlert with the following allegations:

“Rai Chai Ratchaphruek is in the National Forest Reserve, the survey area held by the Cabinet resolution 30 June 41, total 100 rai. The area was inspected and reported by the Royal Forest Department since 2008 up to the present time. On 24 June 2016, Director-General of the Royal Forest Department (Mr Chalit Suraswadi) stated clearly that the Rai Chai Rajapruek has an area of ​​approximately 100 rai in the National Reserved Forest, Nam Klat Nuea, and Klat Nam Yang Tai Song Phi Nong Subdistrict, Nong Ya Plong District Phetchaburi Province. In the survey area held under the cabinet resolution of 30 June 41 with Mr. Pairote Lim-Likhit Aksorn is the holder of an area of ​​approximately 73 rai (coordinates 47 P057298E1418060 N (DATUMWGS84), which the Department of Forestry must reclaim the area, but the Director-General of the Department of Forestry has neglected to not give any order to comply with the rules and laws, including contrary with NCPO Order 64/2014 Article 3. The agencies responsible for monitoring forest cases and restoring forests that have been destroyed. To restore the forest to its original condition by coordinating with all relevant agencies, including the public sector and community organizations, to take part in the process seriously “which will be punished according to Article 4 “Any government official who neglects or participates in the offenses under the above cases must be dealt with in both disciplinary and criminal cases immediately.” I therefore demanded the Permanent Secretary of the Ministry of Natural Resources and Environment proceed with the NCPO Order No. 64/2014 to the Director-General of the Department of Forestry with them as soon as possible.”

During 2017 – 2019, Mr. Wut received several subpoenas for further investigations about the case from both Kannayao police station and the prosecutor of the Minburi court of justice.

This case is considered as a lawsuit for bullying and strategic lawsuit against public participation (SLAPP) against Mr. Wut Boonlert.

Progress of the legal case

During the trial period, Mr. Wut received support from the Global Human Rights Defender Fund for his travel cost. In addition, he also received a legal support from the Cross-Cultural Foundation (CrCf).

His legal case was finally dismissed by the Minburi court of justice on 18 November 2019.

The Insulting of the Judge case

Mr. Wut has recently received a subpoena on 16 October 2019 to acknowledge the allegation at the Saiyok police station, Kanchanaburi province on the charge of insulting the Judge.

Mr.Wut is among the other five defendants who commented on Mr.Samak Donnapi’s facebook on the following message “the information used by the lower court judge was wrong … I can’t even cry. If I could choose, I would go and live in Mars so that I would not face with this kind of twisted world. Anyone who can read the map and compare all directions, I can only say that all are wrong. Alas, court of (in) justice. Mr. Wut commented on Mr. Samak’s post that “it’s a spirit house’. In Thai if we literally translate the word “Sarn Praphumi” word by word – ‘Sarn’ means court.  Praphumi means guardian spirit.  This is considered insulting of the court.

Mr. Wut was called to give initial information to the policeman in charge of this case at Saiyok police station.  He accepted that he made comment to Mr.Samak’s post, but it was not intentionally insulting the judge. This case is also considered a strategic lawsuit against public participation (SLAPP) against Mr. Wut Boonlert.

Progress of the case

• Mr. Wut received the subpoena to acknowledge the case from the Saiyok police station in Kanchanaburi province.
• He was summoned to the police station for initial interrogation.  
• The Cross Cultural Foundation has provided legal assistance to Mr. Wut.
• The case has still been on-going