Thailand: Prime Minister should refrain from filing criminal lawsuit against human rights defender Yingcheep Atchanont

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On 22 July 2026, Prime Minister Anutin Charnvirakul announced that he would file a criminal defamation complaint against Yingcheep Atchanont, the director of the Thai non-governmental organisation Internet Law Reform Dialogue (iLaw), an FIDH member organisation, over allegations linking the Prime Minister to irregularities in the election of the 200-member Senate, which was held between 9 and 26 June 2024. The International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders, urge Thailand’s Prime Minister Anutin Charnvirakul to refrain from filing a criminal defamation complaint against Thai human rights defender Yingcheep Atchanont, in connection with his legitimate work of monitoring public affairs and promoting democratic accountability.

Paris-Geneva, 4 August 2026. The legal action stemmed from Yingcheep Atchanont’s submission of a petition to the opposition coalition in the House of Representatives on 21 July 2026, seeking a parliamentary examination of allegations that nine politicians from the Bhumjaithai Party, including Prime Minister Anutin, five cabinet ministers, and three senior figures, were involved in vote manipulation during the June 2024 Senate election.

According to iLaw’s investigation, evidence and witness statements suggested irregularities including candidate arrangements, the distribution of voting instructions, and the provision of financial incentives to candidates by networks linked to the Bhumjaithai Party, across different stages of the election process, which raised serious concerns over the integrity and transparency of the polls.

Later that day, the Bhumjaithai Party held a press conference at its headquarters in Bangkok during which the party’s legal representative, Supachai Jaisamut, denied the allegations and announced that the individuals named in the petition would pursue criminal defamation proceedings against Yingcheep for damaging their reputations.

On 24 July 2026, Suksomruay Wantanayakul, Minister Attached to the Prime Minister’s Office and Member of Parliament from the Bhumjaithai Party for Amnat Charoen Province, who was among the individuals named in the petition, filed a criminal defamation complaint against Yingcheep at Muang Amnat Charoen Police Station.

On 30 July 2026, Somphan Palasak and Daeng Kongma, two senators from Amnat Charoen Province filed separate criminal defamation complaints against Yingcheep at Muang Amnat Charoen Police Station over a Facebook post on 27 July 2026 in which Yingcheep alleged that they lacked the qualifications to contest the 2024 Senate election.

The filing of these complaints in a location distant from Bangkok, where Yingcheep is based, places an additional burden on him by requiring him to travel to defend himself in legal proceedings, which is a practice characteristic of strategic lawsuits against public participation (SLAPPs). Articles 326 and 328 of the Criminal Code, which criminalise defamation, have been frequently used by state and non-state actors to pursue SLAPPs aimed at intimidating, silencing, and harassing human rights defenders.

The Observatory recalls that since its founding in 2009, iLaw has played a prominent role in advancing democratic participation, freedom of expression, and a fair justice system in Thailand. The organisation has documented the impact of repressive laws and decrees adopted following the 2006 and 2014 military coups d’état and campaigned for their reform through public engagement and online advocacy. It has also worked to support citizen participation in legislative and constitutional reform processes, particularly through campaigns to collect signatures for proposed legislation and initiatives to amend Thailand’s military-backed 2017 Constitution. In addition, iLaw has contributed to strengthening electoral transparency by systematically documenting voting irregularities and mobilising citizens to participate in election observation.

The June 2024 Senate election gave rise to allegations of systemic fraud and vote-buying. Under the new selection system, more than 40,000 candidates voted among themselves through multiple rounds of selection at the district, provincial, and national levels to determine the 200-member Senate. The results led to public scrutiny particularly due to the disproportionately high number of successful candidates from provinces where the Bhumjaithai Party enjoyed strong electoral support.

A separate investigation conducted jointly by the Election Commission (EC) and the Department of Special Investigation (DSI) was concluded in July 2025. The investigation found sufficient evidence to prosecute 229 individuals, including 138 senators and 91 political figures associated with the Bhumjaithai Party, in connection with fraudulent practices during the June 2024 Senate election, in violation of the 2018 Organic Act on the Acquisition of Senators. However, in March 2026, an EC subcommittee voted to overturn the earlier finding. The conflicting recommendations were subsequently submitted to the EC for a final decision, which is expected in late August 2026.

The Observatory denounces the criminal lawsuits against Yingcheep, which appear to be in retaliation against the peaceful exercise of his right to freedom of expression, as enshrined in international human rights law, in particular in Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a state party.

The Observatory calls upon the Thai authorities to ensure that all complaints are dropped and urges them to take concrete steps towards the decriminalisation of defamation under Articles 326 and 328 of the Criminal Code, which are used to intimidate, silence, and harass human rights defenders in Thailand.

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