An open letter urging the Lawyers Council of Thailand to dismiss Mr. Aphiwat Khanthong’s motion to debar Mr. Anon Nampha

In pursuance to the motion on 7 August 2020 by Mr. Aphiwat Khanthong, Vice Minister for the Office of the Prime Minister and an attorney of Or Amphon Anuporn & Associates Law Office to the Lawyers Council of Thailand Under the Royal Patronage to debar Mr. Anon Nampha, a human rights attorney citing Mr. Anon’s behavior which is allegedly in breach of the Lawyers Council of Thailand’s regulation. The case stems from his public speech which is deemed to incite, intend to cause unrest, distort information and infringe on the monarchy. The speech was delivered during a public rally at the Democracy Monument on Ratchadamnoen Rd. on 3 August 2020. Prior to this, Mr. Aphiwat Khanthong has reported the case against Mr. Anon Nampha at the Samranrat Police Station accusing him of violating the Penal Code’s Sections 116 and 215 based on the same incidence on 5 August 2020. The case is under investigation by the inquiry official.

Human Rights Lawyers Association (HRLA), Union for Civil Liberties (UCL), and other signatories to this letter deem that the Lawyers Council of Thailand’s Committee on Professional Ethics may only debar an attorney registered according to the Lawyers Act, B.E. 2528 (1985)’s Section 52(3), albeit the requirements pursuant to the Lawyers Act, B.E. 2528 (1985)’s Section 51/2 must first be met. In other word, it must appear that such attorney has acted in defiance or failed to comply with the Lawyers Council of Thailand’s regulation. But none of the Lawyers Council of Thailand’s Regulation on Professional Ethics B.E.2529 (1986) appears to support the reasons cited by Mr. Aphiwat Khanthong which may justify the debarment of Mr. Anon. The legal case referred to by Mr. Aphiwat Khanthong is subject to police investigation, and no final verdict has yet been made by the Court. Mr. Aphiwat Khanthong who is an attorney of the Or Amphon Anuporn & Associates Law Office and serves as Vice Minister for the Office of the Prime Minister should be well aware that the case reported against Mr. Anon does not meet the requirements to have him debarred according to Section 35 of the Lawyers Act.

HRLA finds Mr. Aphiwat Khanthong’s accusation contains no ground which may justify the initiation of the review of misconduct of an attorney pursuant to the Lawyers Act’s Section 65. The Lawyers Council of Thailand can therefore dismiss the allegation immediately without having to initiate an inquiry.

Until now, Mr. Anon Nampha has been performing his duties as a human rights lawyer to address various issues faced by the people including the environment, labor protection, the rights in judicial process, and the right to freedom of expression which all are fundamentally indispensable in a robust and sustainable democracy with the King as Head of State. He has bravely performed his duties as a professional lawyer to preserve the dignity of the profession and to defend rights and freedoms of the people. His practice should rather be a model that inspires other lawyers.

HRLA fervently hopes that the Lawyers Council of Thailand which is a legal intuition that offers immense services to the public and play vitally important roles to protect its member attorneys and to help people to have access to justice should dismiss the accusation against Mr. Anon Nampha. The LCT should make its stand to protect the lawyers’ and people’s right to freedom of expression known to the public. LCT should not become a political tool which can be exploited to intimidate political dissents.

With respect in the people’s rights and freedoms and human dignity

Human Rights Lawyers Association (HRLA)
Union for Civil Liberties (UCL)
Raks Ban Haeng Conservation Group
Eco-Culture Study Group
Raks Wanon Niwat Conservation Group
Raks Sub Kham Pa Lai Conservation Group
Khon Rak Ban Kerd Group of Six Villages
Khon Rak Ban Kerd Bamnet Narong Group
Khao Lao Yai-Pha Jan Dai Conservation Group
NGO Coordinating Committee
Network of the People Who Own Mineral Resources
Public Policy on Mineral Resources Project (PPM)
Niti Podaphon Law Office
29 Thanin Co.
North Net Foundation
Cross Cultural Foundation (CrCF)
Community Resource Centre (CRC)
Thai Volunteers Services (TVS)
Muslim Attorney Centre
Thai Lawyers for Human Rights (TLHR)
Human Rights and Environment Association (HREA)
Chirasak and Associates Law Office
Niti Sajja Tham Law Office
Suebsan Rojanawan Law Office
Chainij Law Office
Neti Kawee Language and Law Office
Nattha-on Law Office
Kritsada Khunnarong Attorney
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