11/01/2024
It is time for change
The Chutima Affair: Charges Pile Up, Bank Kept Robbery Secret
By ALAN MORISON
Whistleblower Chutima Sidasathian fought a lone two-year battle to expose a community banking scandal in Thailand in which poorly educated farming families were defrauded of 45 million baht.
Instead of being praised for her courage and thanked by the national bank involved, Khun Chutima has been subjected to an abusive campaign of criminal defamation charges -- because the bank preferred to keep the crimes involved a secret.
By now, the Government Savings Bank could also have been praised for revealing the theft, having the culprits pursued, and reinforcing its honesty, as ethical banks should. Instead, the bank continues to cover up a substantial robbery -- of its own money.
As a result of the bank's lack of action, an elected local official continues to apply criminal defamation charges against K. Chutima. Today she faces a total of seven criminal defamation charges, with at least one more likely.
The National Human Rights Commission of Thailand (NHRCT) has ruled her to be a human rights defender and the case against her to be a Strategic Lawsuit Against Public Participation (SLAPP) case. Globally, SLAPP cases are a menace used to silence journalists, advocates and activists.
Dr Pichamon Yeophantong, of the UN Working Group on Business and Human Rights, told a conference last year: "The use of SLAPPs is an act of cowardice. This abuse of power to silence others is having profoundly negative impacts on the integrity of judicial systems and the protection of human rights.''
Ten years ago, as an investigative journalist helping to expose human trafficking in Thailand, Khun Chutima faced her first criminal defamation charge. She and I were charged with criminal defamation and computer crimes by the Royal Thai Navy, but we fought and won a Not Guilty verdict in the Phuketwan trial.
Thailand could have repealed the criminal defamation laws then. Instead, thousands of cases continue to be brought each year, many against activists, advocates and journalists who, like Khun Chutima, are simply striving to make Thailand a better country for everyone.
In the community banking scandal, three deaths from overdoses have been blamed on farming families being forced to pay back loans money that they never saw. Many other families have been traumatised.
Only after Khun Chutima revealed the findings of her investigation did the bank undertake its own investigation and accept that millions of baht had gone missing.
The bank has slowed its campaign of lawsuits against 16 villages to recover loans but has yet to acknowledge how loans money, intended for aiding farmers, was misdirected into personal accounts inside the bank. According to a local spokesman, money was inadvertently ''borrowed'' and all problems inside the bank have been ''fixed.''
The Village Fund, which manages the scheme to assist impoverished farmers across Thailand, has not chosen to take the bank's see-no-evil approach. Instead, the Village Fund has set up an independent commission of investigation.
The commission, comprising six officers of the Village Fund, three officers from the Attorney General's department, three from the Ministry of Justice, three from the bank and three from the Department of Special Investigation, is taking evidence in the form of statutory declarations from villagers and district officials.
The commission's findings are expected to be revealed just days before Chutima's trial for criminal defamation is held on February 6-8. She is being pursued by state prosecutors over three Facebook posts that have been turned into criminal defamation charges. Each charge carries a maximum of two years' jail.
If prosecutors approve another five charges that are pending, a second trial will be scheduled. Police say they accept all criminal defamation allegations because it is ''their duty.'' With a two year maximum for each charge, Chutima faces a possible 16 years in jail.
If Chutima and others trying to end corruption and make the country a better place continue to be persecuted, Thailand's chances of being elevated to the UN Human Rights Council in 2024 are likely to be slight.
Abusive implementation of these bad laws stifles freedom of expression and makes true democracy impossible.
The elected district official bringing multiple charges against Chutima says that his action has nothing to do with the community banking scandal. It is, he says, ''personal'' and ''political.''
Caption: Chutima and her lawyers outside Nonthai Police Station on January 10 where, as her fingers indicate, the number of charges against her grew from three to seven, with at least one more expected on January 11