Case

Siraphop is a writer who uses the pseudonym 'Rungsila'. He has written articles and poems on political issues and published them on websites and his personal Facebook account. On 1 June 2014, Siraphop's name appeared in the summon order No. 44 of the NCPO. Some individuals whose name has appeared on this order were prosecuted for violating Article 112 of the Criminal Code. 

 

Even though Siraphop’s name appeared on the NCPO summon order, he did not report himself according to the order. On 25 June 2014, while Siraphop was driving on the street near Muang District, Kalasin province Siraphop was forcibly stopped by plain-clothed armed men.  

 

Siraphop was held under martial law in a military camp in Khonkhean Province for a night, later on he was transferred to be detained at the Crime Suppression Division until Martial Law detention was dued. He was then charged for defying the NCPO summon order. On 2 June 2014 the Bangkok Military Court released

Siraphop on bail. However, Siraphop was held upon his release by the Technology Crime Suppression Division so that lese majeste charges can be pressed. Since then, Siraphop had never been released on bail.

 

Witnesses examination of this case began in November 2014 and concluded in August 2016. 5 witnesses had been brought before the court. 4 were witnesses for the prosecution and 1 was the defendant himself.

 

Even though there were only 5 witnesses in this case, the system of proceedings in the military court contributed to a delay. The Military Court did not examine witnesses continuously, as it typically took a month or two before the court scheduled for the next hearing. There were also cases where witnesses for the prosecution did not come to the court on the date and caused another month of delay.

 

On 25 August 2016, the Military Court was set to examine the second witness for the defendant. The defendant however told the court that he no longer needed this witness to testify in his defense, the court then ordered to cancel the proceeding and scheduled to render a verdict on 25 November 2016. Prior to the date when the defendant submitted his closing statement to the court, the court asked the defendant to alter the part of his statement with regard to the acceptance of sovereign power of the junta who seized power by coup d'etat. 

 

On 25 November 2016, the Bangkok Military Court found Siraphop guilty for defying the NCPO summon order on the grounds that Siraphop was aware of the order but intended not to comply. As for Siraphop’s argument that his act was the act of civil disobedience, the court observed that the NCPO had already successfully seized administrative power since 22 May 2014. Thus, its’ announcements and orders was thus considered to be the law. Even though Siraphop claimed his action as the act of civil disobedience, however it is still a violation of law.

 

Siraphop was sentenced to a year in prison and fined in the sum of 18,000 Baht. Since his testimony was beneficial to the court proceedings, the penalty was reduced to an 8-months prison sentence and a fine in the sum of 12,000 Baht. Since Siraphop had never been sentenced to prison previously, the court then suspended his sentence for 2 years. 

 

The offense of this case occurred while Martial Law was enforced, the defendant then had no right to appeal in the Military Court and the case was closed. As for Siraphop, even though the court ordered to suspend his sentence, he is still in detention for his Lese Majeste case as his bail petition was dismissed.