A major victory for human rights and the environment in Thailand! Human Rights Defenders Celebrate Legal Win, Call for Urgent Reforms on SLAPPS
February 24, 2025
Four Women Human Rights Defenders (WHRDs) and two Human Rights Defenders (HRDs) from the Khon Rak Ban Kerd Dan Khun Thot Group celebrated after the Sikhio Provincial Court (Pak Chong) dismissed all charges filed against them.
The lawsuit, initiated by Nipon Nilkan, Mayor of Non Mueang Pattana Subdistrict Administrative Organization (SAO), accused them of defamation and insult through advertising, demanding 300,000 Thai Baht (THB) in damages per defendant. However, the court ruled that the plaintiff lacked sufficient evidence and engaged in deliberate legal delays, leading to the case’s dismissal.
The HRDs reaffirmed their commitment to opposing potash mining and called for urgent legal reforms to prevent SLAPP (Strategic Lawsuits Against Public Participation) cases from being used to intimidate and silence human rights defenders.
Court Dismisses SLAPP Case Against Six Human Rights Defenders
At 9:00 AM on February 24, 2025, four WHRDs and two HRDs from the Khon Rak Ban Kerd Dan Khun Thot Group gathered at the Sikhio Provincial Court (Pak Chong), Nakhon Ratchasima Province, to hear the verdict in a case filed against them by Mayor Nipon Nilkan on October 28, 2024. Representatives from The Ministry of Justice (MOJ) and The Office of the High Commissioner for Human Rights (UN Human Rights) observed the proceedings.
The lawsuit was widely recognized as a SLAPP strategy, aiming to silence the defenders through legal intimidation.
Delays and Lack of Evidence Lead to Case Dismissal
The preliminary hearing was originally scheduled for January 13–14, 2025. However, the plaintiff’s lawyer requested a postponement, citing a COVID-19 infection. The court granted an extension until February 14, 2025, requiring a medical certificate for confirmation. On the rescheduled date, the plaintiff’s representative failed to provide the medical certificate and requested another delay, claiming that the plaintiff’s lawyer had withdrawn from all related cases due to disagreements with the plaintiff.
After reviewing the case, the court ruled that:
- The plaintiff had ample time to find a new lawyer.
- The repeated postponements were deliberate legal stalling tactics.
- The lawyer’s withdrawal was not a valid reason for further delays.
- The plaintiff failed to present any witnesses.
With no supporting evidence, the court dismissed all charges against the six defendants and ruled that the civil lawsuit for damages be dropped with no financial compensation.
Reactions from Women Human Rights Defenders and support groups
Following the verdict, Anusara Praneedpolkrang, one of the accused WHRDs, expressed her relief:
“We are overjoyed that the court dismissed the case today. This ruling reaffirms our right to hold government officials accountable. Every citizen has the right to scrutinize and critique state authorities in good faith. This decision strengthens our resolve to continue protecting our communities, natural resources, and the environment.”
She also encouraged others fighting for justice to persist.
“To everyone standing up for human rights and their homeland—keep going. Today’s ruling proves that the justice system can still protect us.”
Jongdee Minkhuntod, another WHRD involved in the case, emphasized the ruling’s significance:
“This verdict gives us strength and confidence to continue resisting potash mining as the Khon Rak Ban Kerd Dan Khun Thot Group. Today, we have seen justice served.”
She also called for an end to the misuse of lawsuits to silence activists:
“To those who use lawsuits as a weapon against us, we will not back down. As community members, we will continue to fight through legitimate means. We demand an end to legal harassment against our group.”
Call for Legal Reforms to Prevent SLAPP Cases Against Human Rights Defenders
Juthamas Sreehattapadungkij, a WHRD from the Campaign for Public Policy on Mineral Resources (PPM) and advisor to the Khon Rak Ban Kerd Dan Khun Thot Group, welcomed the court’s verdict but cautioned:
“While we are pleased with today’s ruling, we remain vigilant. The plaintiff still has the right to appeal, so we must wait to see if they choose to do so. Ultimately, we need urgent legal reforms to prevent SLAPP lawsuits from being used as tools of intimidation against human rights defenders.”
She stressed the need for deeper discussions on judicial harassment:
“We must address how the legal system is being weaponized to obstruct public movements seeking justice. This issue is not just about natural resources—it is a fundamental human rights issue. Everyone should have the full right to exercise their freedoms in the fight for justice. The Khon Rak Ban Kerd Dan Khun Thot Group urges authorities to establish protective measures for human rights defenders to ensure that people can exercise their legal rights without intimidation from those in power or corporate entities.”
Protection International Calls for Stronger Legal Safeguards
Pranom Somwong, from Protection International, stressed the urgent need for government action:
“The government must establish policies and laws with clear provisions outlining penalties against businesses, state agencies, and both public and private sector officials who engage in judicial harassment and SLAPP lawsuits against women human rights defenders.”
“Using lawsuits as a tool to silence human rights defenders does not bring justice. Instead, it distorts rights and freedoms, preventing the public from holding those in power accountable for the greater good.”
Legal Expert: This Case Should Never Have Been Prosecuted
Sor. Rattanamanee, a lawyer from the Community Resource Centre Foundation, stated that the court’s ruling proves this case should never have gone to trial:
“This case was fundamentally about freedom of expression and should not have been pursued in court. As a government official, the SAO mayor should be listening to public concerns—not suppressing them through lawsuits.”
She also pointed out the deliberate legal delays in this case:
“This lawsuit was a stalling tactic, and the plaintiff’s true motives remain questionable. The same SAO mayor previously filed another defamation lawsuit against the group at the Sikhio Provincial Court, forcing human rights defenders to repeatedly attend court, wasting their time and resources.”
Human Rights Defenders Demand Stronger Legal Protections
The Khon Rak Ban Kerd Dan Khun Thot Group has already submitted complaints to:
- The National Human Rights Commission of Thailand (NHRCT)
- The Department of Rights and Liberties Protection, Ministry of Justice
- The Senate Committee on Political Development, Public Participation, Human Rights, Liberties, and Consumer Protection
- The Committee on Land, Natural Resources, and Environment of the House of Representatives
They are urging government agencies and parliamentary committees to take action against SLAPP cases, especially when the plaintiffs are public officials. The group proposes that district or provincial-level agencies step in to resolve such disputes, preventing officials from misusing lawsuits as a weapon to silence dissent.
A Major Step Forward for Justice in Thailand
This ruling marks a significant victory for women and human rights defenders, reinforcing the importance of:
✅ Freedom of expression
✅ Environmental protection
✅ Resistance against corporate-driven legal harassment
The fight is not over, but today’s court decision sends a powerful message—human rights defenders will not be silenced.