September 2015: Civil Court did not imprison for defying summon order, but more summon to stay in military compound

Period 22 May 2014 -
30 September 2015
September 2015
Number of individuals summoned
785 3
Number of individuals arrested 481 2
Arrests at peaceful demonstrations 212 3
Number of individuals prosecuted at military court 145 1
Number of individuals prosecuted at civilian court
47 1
Number of individuals charged with lese majeste offense (Article 112) 54 1
 
Number of individuals detained under lese majeste charge 47

 

 
Pichai - Pravit – Karun were summoned and detained in a military camp for an attitude adjustment
 
In September 2015, the army resumed enforcing a measure which summoning individuals to report themselves and holding them inside an unidentified military camp for attitude adjustment for several nights, prohibiting all visits from any outsider. For a period of 3-4 months after the military’s seizure of power, the National Council for Peace and Order (NCPO) had continuously exercised this measure, but later shifting to just an invitation for a brief dialogue before releasing within the same day, including an invitation for a meal or  coffee or a home visit. Nevertheless this special measure of holding individuals in an army camp for several nights, which could be considered as a violation of human rights, has been re-implemented recently in September.
 
9 September 2015 - Pichai Naripthaphan, a former Energy Minister during Yingluck’s government, was taken from home by the army for an attitude adjustment presumably because of his interview with media criticizing the current government’s economic administration. On 10 September 2015, Karun Hosakul, a former Pheu Thai Party member, was invited to an army compound before he was held there. On 13 September 2015, Pravit Rojanaphruk, a senior journalist for The Nation newspaper, was summoned to the 1st Army Area and was subsequently confined there. 
 
329 pichai
 
 
15 September 2015 - It was reported by the Daily News that Pichai, Karun and Pravit autographed on a paper agreeing to stop their movement or expressing their opinions that might negatively impact the NCPO. After the release, Pravit told Prachatai that, during the captivity, he was blindfolded when being escorted and was put in a room without sunlight and air. After being released, Pravit resigned from his career as a journalist for The Nation.
 
16 September 2015 - Matichon Online reported that Worachai Hema, a former member of Pheu Thai Party, stated that 6 soldiers in uniforms visited his house at 11.30 a.m. while he was away. 
 
17 September 2015 - Suntiphap Siriwattanapaiboon, a professor of the Environmental Science Department of Udon Thani Rajabhat University’s Faculty of Science, gave an interview to Prachatai that 3 soldiers have been following students and professors to their field research on the Social Justice on Healthy Living of 2014-2015 in Udon Thani province. 
 
330 ภาพอาจารย์สันติภาพขณะให้ข้อมูลกับทหารที่ติดตาม
 
Reportedly, several other individuals were visited by the army such as Siriwat Jupamattha, a coordinator of the United Front for Democracy against Dictatorship (UDD) in Phayao province. 
 
In September 2015, at least 9 people were summoned by the army. After the coup d'etat until the end of September 2015, at least 785 individuals had been summoned. 
 
 
Civil Court did not sentence prison term to 2 cases over charge of defying NCPO summon orders.
 
17 September 2015 - The Dusit Kwaeng Court (civilian court) read the verdict made by the Appeal Court over Nat’s charge of disobeying NCPO summon orders. The court sentenced him of THB 4,000 fine, but reduced the fine to THB 2,000 because of his confession. The court dismissed the jail term through section 55 of the Criminal Code. The Appeal Court reasoned that, despite disobeying the summon order, Nat did not escape, so the court concluded that the prison term was too harsh. This verdict marked the first political case that the court dismissed the imprison term through section 55. 
 
21 September 2015 – At 9.45 a.m., the Dusit Kwaeng Court gave its verdict on Sombat Boonngamanong, aka “Bor Kor Lai Jud”, over charge of disobeying NCPO summon orders. The court concluded that the announcement of the NCPO No. 29/2014 dated 24 May 2014, which sanctions any individual who was summoned by the announcement of the NCPO No. 1-3/2014 and 5-6/2014, is a retrospective order which specifically effects only those individuals named in the summon orders. However, according to the principle of criminal law, the law cannot be retroactive and cannot be drafted to negatively affect specific persons. The District Court of Dusit therefore did not enforce the announcement of the NCPO No. 29/2014, and sentenced the defendant who defied the summon order over a charge of disobeying the authorities under section 368 of the Criminal Code which resulted in the defendant’s liability for THB 500 fine. 
 
331 Sombat
 
There had been no verdict by the civil court over a charge of disobeying the NCPO’s summon order before, but in September 2015, the civil court released the first 2 verdicts over this charge. Previously, there were only verdicts by the military court over a charge of defying NCPO summon order which sentenced at least 6 defendants to 1 year in prison and THB 20,000 fine, and the sentences halved to 6 months in prison and THB 10,000 fine with a suspension if the defendant had pledged guilty. 
 
Nat’s case marked the first case that the court did not sentence the defendant to prison term, while Sombat’s case was the first case that the defendant defended himself and the court sentenced the lightest punishment over this charge. Moreover, this was the first time ever since the coup in May 2014 the court ruled that the announcement of the NCPO cannot be enforced because it is against the principles of criminal law. In the meanwhile, there are at least 4 pending cases over charge of defying NCPO summon order which the defendants (Worajet Pakeerat, Jaturon Chaisang, Jittra Kotchadet, and Sirapop) have argued that the NCPO’s announcement is unlawful. 
 
 
Police did not obstruct the September 19th anniversary event, but threatened to press charges under Public Assembly Act and NCPO’s announcements.
 
19 September 2015 – As the day marked a 9-year-anniversary of the 2006 Coup, the New Democracy Movement (NDM) had announced to hold a seminar “Kao Pee Tee Kao Mai Phon Rat Tha Pra Harn Sip Khao Kunya” (9 years have passed since the 19 September Coup, the coup remains) at Prakob Hutasingh Meeting Room in Thammasat University, Thaprachan campus. Around 12 p.m., the day of the event, NDM’s Facebook released that it would change the event venue to 4th floor of the Faculty of Sociology and Anthropology. 
 
When the seminar started, Pol. Col. Attawit Saiseub, a deputy commander of the Metropolitan Police Division 1, visited and announced that this kind of event held in a closed room was permitted as long as there were no gatherings on the public street which might be perceived as a violation of the Public Assembly Act and NCPO’s announcement No. 3/2015 which bare the maximum penalty of 6 months in prison and THB 10,000 fine. 
 
After the end of the event, at around 4 p.m., 100-200 citizens marched from Thammasat University while the policemen were searching all participants’ bags and belongings at the university’s main gate in front of ‘Sanam Luang’ (the Royal Field). Before the protesters arrived at the Democracy Monument, where the police had stationed and set traffic barriers since the afternoon, more than 100 policemen blocked the protestors from entering the monument. Hence the police did not use any force when the protestors sought to enter the area. All participants successfully entered into the monument by 5 p.m. and gathered there until 9 p.m. without any intervention from the police. 
 
332
 
 
 
Around 8.40 p.m., it was reported that a man named Sirichai, one of the participants in the gathering, was arrested from ‘Ran Mon Nom Sod’ (a local milk store) and was taken to Samran Rath Police Station before being released after an hour without any charge. The police stated that Sirichai was only invited for a conversation because of a suspicion that the man might threaten the public security, not because of his presence in the rally on that day. 
 
For more information about the event, please click
 
 
2 Talks Banned
 
The Thai Lawyers for Human Rights (TLHR) reported that, on 6 September 2015, tens of plainclothes policemen and soldiers entered and ceased a seminar called “Chivit Kong Nai Narin Gleung Khon Kwang Lok” (Life of Narin Gleung : A Perverse Man), which Sakdhina Chatkul Na Ayuddhaya was a facilitator, at Santi Pracha Dham Library in Suan Nguen Mee Ma foundation. The authorities stated that such seminar was deemed unlawful and contradictory to the NCPO’s orders. 
 
333 งานเสวนานรินทร์ กลึง
 
5 September 2015 – Facebook page of Towards Ecological Recovery and Regional Alliance (TERRA) posted about the postponement of an event called “An effect of a coal-fired power plant to community and natural resources in Paleun area, Mon State, Myanmar”. As the authorities did not allow TERRA to hold the event, no new date has yet been informed. 
 
In September 2015, at least 2 public events were cancelled and the venue for another event by the NDM was also intervened. 
 
 
Movement on the Draft Constitutional was restricted only on the ‘Red Shirt’, but the other movements were proceeded. 
 
6 September 2015 - The National Reform Council (NRC) scheduled to vote on the drafted constitution and resulted in the denial of the draft. Prior to the voting day, the draft was made available online for the general public. In the same time, there was a rumor that the government prohibited all criticisms about the draft. Visanu Krua-ngam, in his capacity as a deputy prime minister, said that all provoking activities aiming to either support or oppose the draft constitution were not encouraged because such activities are deemed against the NCPO’s orders, including provoking others through Line messenger and SMS messenger. 
 
Amidst an increasing awakening about the draft constitution, the army officials started to visit several activists and movements. On 5 September 2015, Prachatai reported that the army searched a house of Anurak Jetanawich (aka Ford Sen Tang Sri Daeng) following his announcement of a t-shirt campaign with a word ‘Vote No’ to oppose the draft, even though such t-shirt had not been made yet. On 6 September 2015, Kapook website reported that 1 man and 1 woman were sitting and protesting in front of the parliament. They also handed out the leaflets “An Explanation on Problems of all 285 Sections in the Draft Constitution– Developing or Ruining the Nation?” with an aim to oppose the draft, claiming that such leaflets were from General Chavalit Yongchaiyudh. The 2 protesters were arrested by police of the parliament.
 
334 อนุรักษ์(ฟอร์ด เส้นทางสีแดง)
 
5 September 2015 - The event called “Gruad Nam Kwam Khun Ratthathammanun” (Say No to the Draft Constitutional) by Education of Democracy group in front of the Bangkok Art and Culture Center (BACC) can proceed. Despite being heavily controlled by the police and threatened of conviction under the Public Assembly Act, the event was successfully held. Furthermore, 2 other seminars, called “The Hope of Democracy under the New Constitution” on 30 August 2015 by Prachamati Website Network and “Analysis on the Draft Constitution 2015 and a Channel to Reform Thailand’s Politics: Exit or Dead End?” on 3 September 2015 at the Political Sciences Faculty of Chulalongkorn University, were also successfully held. 
 
 
Progress of other cases: dismissal of ‘Phuketwan’ case, and prison term to ‘Chaleow’ but suspension of the punishment to ‘Nirand’ over 112 charge.
 
Dismissal of ‘Phuket Wan’ case – On 1 September 2015, the Phuket Provincial Court read a verdict of a case between the Royal Thai Navy, the plaintiff, and the Phuketwan news agency, the defendant. The Phuket Wan was accused of defamation and offense under the Computer-related Crimes Act because it published a report from the Reuters news agency about corruption in Rohingya human trafficking system. The charge against the Phuketwan was dismissed because the court concluded that the Reuters news agency is a reliable and credible source, and reposting news report from the Reuters was not a defamation because such information was not a falsification, plus the Computer Crime Act does not aim to punish a defamation act.
 
Appeal Court sentenced Chaleow to 2 years and 6 months in prison – On 3 September 2015, The Criminal Court scheduled to read the Appeal Court’s verdict of a case of Chaleaw who was charged under Article 112 for uploading an audio clips on 4Share website. For a background of this case, the Court of First Instance sentenced the defendant to 1 year and 6 months in prison with a suspension, however the prosecutor had appealed the decision and later resulted in an increasing of the punishment by the Appeal Court, sentencing the defendant to 5 years of imprisonment but halved to 2 years and 6 months in prison without being suspended. Chaleaw was subsequently detained at Bangkok Remand Prison. Three days later, the Supreme Court granted his bail whilst the defendant requested to appeal to the Supreme Court. 
 
 
335 ภาพเฉลียว
 
 
 
 
Examining Witnesses on Apichat’s Public Assembly Case – On 11 and 30 September 2015, the Pathumwan Municipal Court scheduled for a witness examination on Apichat’s case over a charge of gathering against the NCPO’s announcement. Two witnesses from the plaintiff and two from the defendant had testified during the past two hearings, of which the defendant had argued that the NCPO’s announcement on prohibiting a gathering is unlawful and cannot be enforced. The next witness examination is scheduled on 5 November 2015. 
 
Appeal Court dismissed Andy Hall’s defamation case – On 18 September 2015, the Prakhanong Provincial Court scheduled to deliver the Appeal Court’s verdict of a case of Andy Hall who gave an interview to the Al Jazeera news agency about migrant worker rights violation in Thai industry resulting in him being sued by the Natural Fruit Company over defamation charge. The Appeal Court dismissed the case by reasoning that the interview occurred in Myanmar therefore the act of defamation happened in Myanmar, and led to a conclusion that the case cannot be proceeded in Thailand. 
 
 

336 อานดี้ ฮอลล์

 
Witness examination on Chanwit’s case – On 15 and 16 September 2015, the Nontaburi Provincial Court scheduled for witness examination of Chanwit’s case under a charge of Article 112 Case because he distributed leaflets at Nonthaburi Pier in 2009. Three witnesses from the plaintiff and two witnesses from the defendant had testified in the hearings. The defendant argued that no one was defamed because of the leaflets. Upon the completion of the witness examination, the court has scheduled to read the verdict on 1 December 2015.
 
Katha was released (Stock Falling Case) – On 22 September 2015, Katha was finally released. Previously, he was convicted of using a pseudonym i.e. “Wet Dream” to post a rumor concerning a cause of the stock fall in 2009, and the Appeal Court sentenced him to 2 years and 8 months in prison under section 14 (2) of the Computer Crime Act.
 
Punishment for Nirand’s Lese Majeste Case is suspended – On 29 September 2015, the Bangkok Military Court appointed to hear a testimony of Nirand, an editor of ASTV website, who was accused of publicizing a fraudulent statement from the Royal Household Bureau. As he pledged guilty, the court lessened the prison term from 5 years to 2 years and 6 months. However, taking into account the defendant’s age and a circumstance that he promptly fixed his mistake, the court decided to suspend his punishment. 
 
 
 
Other updates: Re-arresting ‘Uncle Bundit’, degradation of Thaksin, revoking passport of Chaturon
 
Revocation of Chaturon’s passport – On 2 September 2015, the Krungthepturakij website reported that Thailand’s Ministry of Foreign Affairs had revoked a passport (passport with red covers) of Chaturon Chaisaeng, a former acting leader of Thai Rak Thai political party, as requested by the Royal Thai Police. The revocation was a result from his criticism on the administration of the current government and the NCPO, and his allegation of not reporting to the NCPO and defying its order, together with his prosecution under section 116. 
 
Degradation of Thaksin – On 5 September 2015, the Thai Royal Gazette website released the Order of the Leader of the National Peace Keeping Council No. 26/2015 on a process to discharge Pol. Lt. Col. Thaksin Shinawatra from being a police. 
 
Arresting an 11th grade student named ‘Penguin’ – On 6 September 2015, Parith Shivarak aka Penguin, a ‘Matthayom 5’ student (11th grade student) and a secretary of a student group called ‘Klum Karn Suksa Pheu Kwam Pen Thai’ (Education Group for Freedom), was taken to the Pathumwan Police Station and was questioned about his background, before he was released. Parith was arrested because he was raising a sign when General Prayuth Chan-ocha, the prime minister, encouraged students to ask him questions during his speech on “The Government’s Achievements in Reforming the Corruption related Problems” on the 2015 Anti-Corruption Day, at Bangkok Convention Center, Centara Grand Central World Hotel. 
 
 
337 ภาพ"เพนกวิ้น"จากมติชน ออนไลน์
 
 
Military Court worried over Facebook’s post by a lawyer – On 7 September 2015, an appointment for the plaintiff’s witness examination of Sirapop’s case over an allegation of defying NCPO summon order was scheduled at the Bangkok Military Court. During the trial, the court expressed its concern to Anon Numpa, a defense lawyer from Thai Lawyers for Human Rights (TLHR), over his act in revealing on the internet the court proceeding and testimony record. The court worried that the opinions expressed by the internet users towards the testimony of Col. Burin Thongprapai as well as their observations over the court procedures might cause damages. 
 
Re-arresting ‘Uncle Bundit’ for sharing his opinion during a seminar – On 12 September 2015, Thai Lawyers for Human Rights (TLHR) reported that Mr. Bundit Aneeya, a 74-year-old writer and translator, was arrested by the army and police officials to the Chana-songkram Police Station following his opinion sharing towards the end of a seminar called “The Constitution of Thailand B.E.?”, held in Thammasat University located in Thaprachan area. He suggested issues which should be legislated in the Constitution. In the end, the police wrote in a joint agreement that the suggestions shared by Bundit in the seminar were deemed precarious before releasing him without pressing any charge. 
 
338 ภาพบัณฑิต อานียา จากศูนย์ทนายความเพื่อสิทธิมนุษยชน
 
 
Red-shirt Village Radio Station was permanently shut – On 16 September 2015, the Online Manager website reported that the National Broadcasting and Telecommunications Commission (NBTC) commanded the “Sathanee Withayu Mooban Seau-daeng” (Red-shirt Village Radio Station) which was officially known as “Voice People Radio FM 100.00 MHz and FM 100.75 MHz”, in Udon Thani province managed by Anon Sannan, to stop airing its program and close its station permanently. This marked the end of the Red-shirt Village Radio Station. 
 
New York Times was not published for a day – On 22 September 2015, the BBC Thai news agency reported that the International New York Times Newspaper had sent an e-mail to its members and fans informing that a copy of its newspaper dated 22 September 2015 will not be published in Thailand. It was explained in the e-mail that the contracted publishing house in Thailand had refused to publish such copy due to a sensitive content on the front page related to monarchy institution. 
 
In September 2015, at least 5 individuals were arrested because of expressing and sharing their opinions in the public. Since the coup in September 2015, at least 212 individuals had been arrested due to their opinion expressions in public. 
 
 
 
 

 

 

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