Bail statistics of those accused under Article 112, 3 years after the 2014 coup

28 were denied bail, 18 were granted, 11 still seeking for their right
 
Jatupat Boonpatararaksa, or “Pai Dao Din”, a law student of Khon Kaen University, is the latest alleged offender charged with lese majeste under Article 112. He is currently struggle to obtain his right to bail during an ongoing investigation. Even after submitting an amount of 500,000 baht in bail bond the Court has already refused to grant bail to him for 5 times. Jatupat is not the only alleged offender who has been refused bail. According to known statistics gathered from the beginning of the NCPO era, right to bail of most alleged offenders of Article 112 were refused with at least 11 still awaiting their right to bail to be granted while their investigations remain ongoing.
 
According to data gathered over the 3 years following the NCPO coup, at least 73 person were prosecuted under Article 112 of the Criminal Code for exercising their freedom of expression. Of that 73, at least 47 had submitted bail petition, whether to the police, the civilian court, or the military court. A total of 18 were granted bail, while 28 were refused. At least 11 did not have a chance to bid for their bail due to resources inadequacy while there are another 16 for whom it remains unclear whether they had bid for their bail or not.
 
Of the 18 alleged offenders whom the Court had granted bail, there were some who were made to spend time in prison, such as “Nes”, a student from Petchaboon who allegedly shared false statement of the Bureau of Royal Household. “Nes” was remanded for 7 days, the first 3 days Ness did not filed bail petition as he had no bail-bond. On the 4th date of his detention "Ness" filed bail petition for the first time but was dismissed, the Military Court only released him on bail on the 7th date of his detention after he filed the second bail petition. At the end Ness was found guilty in the case but his prison sentence was suspend.
 
Chaliew, another alledged offender was not allowed to bail throughout his 84 days in pre-trial detention. On the 85th date, Chaliew pleaded guilty before the court, he was released in the same day after the court suspend his prison sentence. The prosecutor later appeal the case, the Court of Appeal change verdict of the Court of the First Instance by dismissed suspension of prison sentence, Chaliew was remanded for another 5 days before he was released after the Supreme Court granted him bail while stand trial in the Supreme Court.
 
Of the 18 whom the Court had granted bail, 6 filed petitions on the ground of mental illness, that they had committed those actions without all their faculties intact. Apart from the 6 who were released, there were 2 alleged offenders who were issued medical certificates proving that they were mentally ill, nevertheless both were remanded in custody during the trial including, 
 
1. “Tanet” who filed bail petition several times but had never been grant. "Tanet" was later sentenced to 3 years and 4 months in prison.
2. Samak, a farmer from Chiang Rai who does not stand a chance of filed bail petition due to lack of resources. Samak initially intend to stand trial but later change his mind to plea guilty becuase the proceeding take too long.  
11 awaiting the right to bail while stand trial
 
583 สถิติการประกันตัวคดี 112
 
11 awaiting for their rights to bail 
 
There remain 11 alleged offenders whose cases are ongoing, yet they have not been granted the right to bail after submitting their petition: 
1.) Sirapob, blogger and poet accused for writing an essay insulting the King, Siraphob was remanded since July 2014. He had filed bail petition at least one timewhich the Bangkok Military Court later dismissed the petition
 
2.) Unchan, a former civil servant accused for sharing and co-producing the audio-clip “Banpot”, she was remanded in custody since January 2015. She had filed bail petition at least one time which the Bangkok Military Court later dismissed.

3.) Tara, a health expert accused for posting the audio-clip “Banpot” on his website, he was remanded in custordy since January 2015. He had filed bail petition at least one time which the Bangkok Military Court later dismissed it. 

4 – 8.) 5 alleged offenders, was accused for talking to each other in the Khon Kaen Provincial Prison while being held for the case of “Khon Kaen Model”. 5 were remanded in custody since November 2015. They had filed bail petition at least one time which the Bangkok Military Court later dismissed it. 

9.) Burin, activist who was accused for chatting on Facebook with Patnaree, or mother of Sirawith, student activist from Thammasat University. Burin was remanded in custody since April 2016. He had filed bail petition at least one time, which the Bangkok Military Court dismissed his petition.

10.) Jatupat, or “Pai Dao Din” student activist from Khonkhean University was accused for sharing a BBC Thai article which featured biographical contents about the present King. Jatupat was remanded in custody since December 2016. He filed bail petition at least 5 times, the first time was granted, nevertheless in the late December 2016 Jatupat's bail was revoked by the court due to his comment on social network, Jatupat was in remand once again since 22 December 2016 until the present (1 February 2017) during this time Jatupat had filed bail petition at least 4 more times but they were all dismissed. 

11.) Somyot Prueksakasemsuk, editor of the magazine “Voice of Taksin” was accused of publishing material in violation of Article 112. Somyot was remanded in custody since April 2011. His case is currently with the Supreme Court. He had filed bail petition at least 13 times but they were all dismissed.  
 
Statistics of the year 2016 show an increase in bails, granted by both the Military Court and the Civilian Court. 
 
When consider bail statistics year by year, beginning from 2014 when the NCPO seized the power. Since then, there has been a rapid increase in the number of people accused of violating Article 112. Towards the end of 2016, number of alleged accused who were granted bail were also increase.
 
In 2014, at least 25 individual were informed of charge under Article 112, at least 14 among them filed bail petition but were dismissed by the court while 3 other were granted bail. As for other 8, they either did not filed a petition or there were no evidence to confirm whether they had filed a petition or not.
 
In 2015, at least 36 individual were informed of charge under Article 112, at least 12 among them filed bail petition but were dismissed by the court while 7 other were granted bail. As for other 17, they either did not filed a petition or there were no evidence to confirm whether they had filed a petition or not.
 
In 2016, at least 12 individual were informed of charge under Article 112, at least 2 among them filed bail petition but were dismissed by the court while 8 other were granted bail. As for other 2, they either did not filed a petition or there were no evidence to confirm whether they had filed a petition or not.
 
The right to bail is a bedrock principle that the Court must guarantee to all person accused of Criminal Charge. The dismissal of bail petition is an exception that the court must have adequate reasons to justify such a action including the strong possibility that the suspect may attempt to escape, manipulate evidence and witnesses, or cause other damage, if bail were to be granted. 
 
Nevertheless, in the cases of Article 112, the opposite seems to be true, as dismissal of bail petition became standard practice rather than exception. The most common reason for bail dismissal provided by the Court including it is national security concern, the case has high penalty and the act of the defendant affecting public moral. These reasons constituted ground for the court to believes that, if bail were to be granted, the alleged accused would then attempt to flee.
 
 
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