Journal of Human Rights and Peace Studies

Importance of Right to Fair Trial: Legal Analysis of Court Hearings of Political Activists in Myanmar after the 2021 Coup

2024-12-17T21:47:18+07:00

Political activists in Myanmar have faced significant challenges in accessing their right to a fair trial, particularly since the military coup in 2021. The right to a fair trial is guaranteed by the International Covenant on Civil and Political Rights, which ensures that individuals have the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal. However, following the military coup and the establishment of a special system of court hearings for politically motivated cases, political activists face significant challenges in securing their right to a fair trial during the court hearings. This research article analyzes the court hearing system for political activists in Myanmar from the perspective of the right to a public hearing. Using qualitative research methods and interviews with lawyers and detainees' family members, this study examines the challenges political activists face in accessing their right to a fair trial at their court hearings. This research indicates that a system of closed-door hearings for political cases may elevate the probability of wrongful convictions. This study investigates the implications of restricted public access to Myanmar's special courts for the right to a fair trial of political activists.

The Chilling Effect of SLAPPs on Academic Freedom of University Lecturers in Thailand

2024-11-19T11:49:00+07:00

The increasing use of Strategic Lawsuits Against Public Participation (SLAPPs) in Thailand, particularly after the 2014 military coup, presents a significant threat to academic freedom. This study investigates the chilling effect of SLAPPs on the academic freedom of university lecturers in Thailand, focusing on how these legal actions—often disguised as defamation charges or violations of the Computer Crime Act and Thailand’s Criminal Code—are used to suppress critical academic discourse. Through documentary research and case study analysis, this study identifies key impacts on dimensions of academic freedom, including academic expression, financial impact, and institutional autonomy. The findings also highlight that SLAPPs, despite their frequent failure in court, create legal burdens that lead to a chilling effect that stifles intellectual inquiry, fosters self-censorship, and threatens the autonomy of higher education institutions. This study argues that existing legal protections are insufficient to prevent the abuse of SLAPPs and calls for the introduction of comprehensive anti-SLAPP laws. It proposes legal reforms to expedite the resolution of SLAPP cases, minimize the financial burden on victims, and impose significant penalties on those who file meritless lawsuits.