Virus of double standards II

11 04 2021

The Bangkok Post reports that at least 22 “detained on charges related to the protests,” mostly using Article 112.

While the Criminal Court has granted bail to Patiwat Saraiyaem, on the basis that he “pledged not to breach Section 112 … and also stay away from political rallies…”, it refused bail for to other political prisoners, Somyos Pruksakasemsuk and Jatuphat Boonpattaraksa.

The report adds that Somyos and Jatuphat “joined other protest figures in signing a letter expressing their intention to withdraw their lawyer from their Section 112 trial,” but did not detail the complaints made by the detainees.

Thai PBS states that the “court said that it doubts the credibility of the two Ratsadon leaders’ pledge not to mention the revered institution in future protests, after they refused to recognize the trial process.”

Prachatai provides an account of the withdrawal of defense lawyers, based on Thai Lawyers for Human Rights:

22 people facing charges relating to the protests on 19 – 20 September 2020, including 7 protest leaders facing lèse majesté charges, have withdrawn their legal representation in protest at court measures and treatment by prison officials which deny them the right to a fair and open trial.

The 22 are listed as:

The 23 defendants in the case are Chinnawat Chankrachang, Nawat Liangwattana, Nattapat Akhad, Thanachai Aurlucha, Thanop Amphawat, Thanee Sasom, Phattaraphong Noiphang, Sitthithat Chindarat, Suwanna Tallek, Anurak Jeantawanich, Nutchanon Pairoj, Atthapol Buaphat, Adisak Sombatkham, Panusaya Sithijirawattanakul, Parit Chiwarak, Anon Nampa, Somyot Prueksakasemsuk, Panupong Jadnok, Jatupat Boonpattararaksa, Chukiat Saengwong, and Chaiamorn Kaewwwiboonpan.

The defendants “requested to withdraw their legal representation and their lawyers requested to be released from their duties.” They consider the “courtroom has been made into a prison.”

The defendants and lawyers say they are not receiving a fair and open trial and their rights are not being respected. According to TLHR the defendants:

  • have not been allowed to speak to their lawyers individually and confidentially, as they were always under the control of prison officials
  • who are detained pending trial and those granted bail have not been allowed to discuss the case with each other
  • family members and other individuals have been prevented from observing the proceedings, with some family members initially forbidden from even entering the court building and told by court police that they do not have permission to enter the courtroom
  • family members have been prevented from personal contact with the political prisoners, and at times they have been prevented from handing over personal items and food

Political prisoner and lawyer Arnon Nampa wrote a declaration to the court saying:

… he would like to withdraw all legal representation on the ground that he has been denied bail and treated in ways which are degrading, that he cannot participate in a judicial process which is “carried out with fear and without taking human dignity into account.” He also wrote that the law has been used to silence the demands of the younger generation, that violence has been used to suppress protests, and that their detention will lead to fear in society and no one will dare to speak the truth.

“In this trial, our right to fully fight the case has been violated,” he wrote. “The courtroom has been made into a prison.” He then went onto say that the process is unconstitutional, and that the defendants and lawyers agreed that if they continue to participate in the procedure, they would be promoting a process of injustice.

“This case has involved the destruction of human dignity, the use of the law to silence people, and many other forms of injustice. As a person who has studied the law and who practices as a lawyer, and as one of the citizens who aim to reform the monarchy, the defendant cannot continue to participate in this process. The defendant whose name is at the end of this petition therefore requests to withdraw legal representation and refuses this process,” Anon wrote.


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