FIDH: Challenging Thailand’s Article 112 Crisis and Institutional Hypocrisy

First Report

The First Submission, prepared with Thai Lawyers for Human Rights (TLHR) and Freedom Bridge, focuses on: the use of draconian laws to criminalize the exercise of the rights to freedom of expression and freedom of peaceful assembly; political prisoners; and the independence of the judiciary and the right to a fair trial.

This report, submitted for the 53rd session of the Universal Periodic Review (UPR) in April 2026, details a severe and intensifying crackdown on freedom of expression and peaceful assembly in Thailand between March 2022 and March 2026. During this period, at least 208 individuals, including 14 children, were charged for political expression, with authorities increasingly relying on draconian laws to criminalize peaceful dissent. As of late March 2026, 62 individuals remained detained for their political views, 33 of whom were already convicted and 28 awaiting trial or appeal.

Article 112 (Lèse-majesté) serves as the primary tool for this criminalization, with at least 118 individuals charged under this provision alone during the reporting period. The law is applied cumulatively, meaning separate posts or statements result in separate, often decades-long sentences. A stark example is the case of Mongkhon Thirakot, who received a record-breaking 46-year prison sentence in December 2025 for sharing 23 Facebook posts. Furthermore, the law's lack of space for "good-faith criticism" and the ability for any individual to file a complaint has led to private complainants and ultraroyalist groups initiating over 60% of documented Article 112 cases.

The report highlights the prosecution of children as a major concern, noting that at least six children were charged under Article 112, with the youngest being only 14 years old. These cases often involve harsh arrests and detention in breach of international obligations like the Convention on the Rights of the Child. Additionally, the juvenile justice system is described as "child-unfriendly," as it pressures children to plead guilty to be eligible for "special measures," which indirectly coerces confessions and undermines the presumption of innocence.

Beyond Article 112, the Thai government utilizes a web of restrictive laws including Article 116 (Sedition), the Computer Crimes Act, and the Public Assembly Act to further suppress dissent. Between 2022 and 2026, over 100 individuals were charged under the Computer Crimes Act, often in conjunction with lèse-majesté or sedition for online content. The Public Assembly Act has also been used to target at least 95 individuals for non-violent, symbolic protests or artistic performances.

The report also raises serious alarms regarding judicial independence and fair trial rights. Senior judges are permitted to review draft judgments, potentially exerting undue influence over lower-ranked judges, particularly in Article 112 cases and bail decisions. Bail is systematically denied to political prisoners, with denial rates exceeding 90% in both 2024 and 2025. Within prisons, political detainees face substandard healthcare and the "indiscriminate use of instruments of restraint," such as ankle shackles, which often stay on even during court appearances. Tragic outcomes include the May 2024 death of activist Netiporn Sanesangkhom, who died in pre-trial detention following a 65-day hunger strike for justice system reform.

Second Report

The Second Submission, prepared with the Union for Civil Liberty (UCL) and Freedom Bridge, focuses on the death penalty and prison conditions in Thailand.

This second report, also prepared for Thailand’s 53rd session of the Universal Periodic Review in April 2026, focuses on the systemic failure of the Thai government to improve detention conditions and make progress toward the abolition of the death penalty. Despite accepting previous international recommendations, successive governments have presided over an increase in the prison population, which reached 316,154 inmates by April 2026—a nearly 20% increase since 2022. This surge has led to chronic overcrowding, with 78% of the country’s 143 prisons operating above their intended capacity. The report notes that while new regulations were introduced to allow for detention outside of prisons to ease this pressure, their implementation remained pending as of April 2026.

For Article 112 (lèse-majesté) prisoners, the report highlights particularly harrowing conditions and judicial challenges. High-profile human rights lawyer Anon Nampa, who has been detained since his first lèse-majesté conviction in September 2023, filed a petition to remove the weighted ankle shackles he is forced to wear during court transfers. The court rejected his petition in July 2025, despite his testimony that the shackles caused abrasions, physical pain, and were deeply humiliating. The report further details how the designation of "pre-trial detention centers" led to the sudden, unannounced transfer of political prisoners—including those with relatively short sentences—to maximum-security facilities like Bang Kwang Central Prison, which is typically reserved for those convicted of the most serious crimes.

The report documents widespread human rights violations within the prison system, including the use of force by guards, inadequate sanitation, and restricted access for independent monitors. A tragic case highlighted is the death of activist Netiporn "Bung" Sanesangkhom on May 14, 2024, following a 65-day hunger strike in custody to demand judicial reform and the cessation of imprisonment for dissenting opinions. To date, Thai authorities have failed to conduct a thorough and impartial investigation into the causes and circumstances of her death. Additionally, the report notes that pre-trial detainees continue to be held alongside convicted prisoners, a practice that fundamentally undermines the right to the presumption of innocence.

Regarding the death penalty, Thailand has shown a marked lack of political will toward its abolition. The number of prisoners under a death sentence surged by 124% between 2022 and 2025, reaching a total of 429 individuals. Drug-related offenses consistently account for the majority of these cases (nearly 73%), which is a violation of international standards that restrict the death penalty to only "the most serious crimes". The report concludes with urgent recommendations, including the immediate and unconditional release of all political prisoners held under Article 112 and the declaration of an official moratorium on executions.

Open Letter to the Thai Government

The FIDH and its Thai member organisations Union for Civil Liberty (UCL), Internet Law Reform Dialogue (iLaw), and Thai Lawyers for Human Rights, on 10 April 2026, urge Thailand’s new government to prioritise important and long-standing human rights issues.

In an Open Letter to Thailand’s 32nd Prime Minister Anutin Charnvirakul, FIDH, UCL, iLaw, and TLHR highlight 10 key human rights priorities raised by United Nations (UN) human rights mechanism and call on Mr. Anutin and his administration to effectively address these unresolved issues without delay.

This open letter outlines ten urgent human rights priorities that the new administration must address to fulfill its obligations as a current member of the UN Human Rights Council (2025–2027). The overarching message is that the government must move beyond rhetoric and demonstrate genuine political will to resolve longstanding human rights crises that have persisted for over two decades.

At the forefront of these priorities is the demand to end the criminalization of dissent, with a specific and urgent focus on Article 112 (lèse-majesté). The organizations call on the Anutin administration to immediately and unconditionally release all individuals currently detained for exercising their rights to freedom of expression and assembly. The letter emphasizes the need to drop all pending charges against activists, protesters, and particularly children. Crucially, it demands a comprehensive reform of Article 112 to bring it into alignment with international human rights standards, ensuring that the law is no longer used as a tool for political persecution or to silence legitimate public debate regarding the monarchy.

The letter also addresses the broader legal framework used to stifle civic space, urging the government to repeal or significantly amend restrictive laws such as the Computer Crimes Act, the Public Assembly Act, and Article 116 (sedition). Beyond legal reform, the organizations highlight the need for systemic changes in the judicial process, specifically calling for an end to the arbitrary denial of bail for political detainees. The administration is urged to guarantee a safe and conducive environment for human rights defenders and civil society organizations, protecting them from all forms of intimidation, harassment, and judicial harassment known as Strategic Lawsuits Against Public Participation (SLAPP).

Furthermore, the document outlines several other critical areas requiring immediate attention. These include the official abolition of the death penalty and the declaration of a formal moratorium on executions. The letter also stresses the importance of addressing systemic issues such as torture and enforced disappearances, improving prison conditions to meet international standards, and ensuring the protection of refugees and asylum seekers. Additionally, the administration is called upon to resolve the ongoing conflict in the Southern Border Provinces by reviewing emergency legislations and holding perpetrators of human rights violations accountable. The organizations conclude by challenging the Prime Minister to take significant steps within his first 100 days in office to prove that human rights are at the core of his government’s agenda.