Nonsensical charges

2 11 2018

The military junta claims that there will be an election. It is letting it be known that the best chance of that election will be for 24 February.

Back on 27 January this year, a group of political activists demonstrated to demand an election.

But as the Bangkok Post reports, the activists “have been indicted in court for illegal assembly…”.

Those indicted by prosecutors are:

Rangsiman Rome, a Thammasat University law student; Sirawith Seritiwat, a political science graduate from Thammasat; Arnon Nampa, a lawyer; Ekachai Hongkangwan, a regime critic; Sukrit Piansuwan, a former Thammasat economics student; Netiwit Chotepatpaisal, a Chulalongkorn University political science student; Nuttaa Mahattana, an activist and moderator; and Sombat Boonngam-anong, an activist for an anti-coup group called Wan Arthit Si Daeng (Red Sunday).

The Post thinks it important to report that way back then, these protesters were “about 150 metres from Sra Pathum Palace.” The Post doesn’t explain why this is significant to anything associated with the action.

The Post does not say anything about the nonsensical charging of persons demanding an election that the junta seems keen to grant at roughly about the time that the protesters wanted it.

The court “promptly accepted the case for hearing. All of the accused denied the charges and applied for bail.”





Suppressing information on lese majeste trials

24 10 2018

Our second post on information missed earlier is from Thai Lawyers for Human Rights and is about a Military Court’s direction to suppress publication of witness testimonies and court dockets in the case against lese majeste detainee Thanakorn:

The Bangkok Military Court has conducted a hearing on a probable case against Anon Nampa, an attorney on 3 October 2018 at 13.30. It stemmed from the publication of evidence given by the prosecution witness, Maj Gen Wijarn Jodtaeng, in the case against Mr. Thanakorn (last name withheld) who was accused of sharing Rajabhakti corruption diagram and clicking ‘like’– deemed offensive to a royally adopted dog. The Court also ordered Anon Nampa to inform the Thai Lawyers for Human Rights (TLHR) to have the information removed from the published article “Military official, who reported the case against a person for sharing Rajabhakti corruption diagram and clicking ‘like’– deemed offensive to a dog, actually did not know how to use Facebook, but he insisted that by just clicking ‘like’ on a page offensive to the monarchy is in itself the commission of royal defamation” (http://www.tlhr2014.com/th/?p=8950). The article to be removed by the Court’s order has been published on TLHR’s website. The Thai Lawyers for Human Rights (TLHR) who is not a party in this case, would like to take this opportunity to explain to the public as follows;

1. The Thai Lawyers for Human Rights (TLHR) has been providing legal and litigation assistance to vulnerable people whose rights have been affected by the exercise of the state power as a result of the coup in 2014, including cases concerning the freedom of expression and cases of civilians who are prosecuted in the Military Courts.

According to the statistics collected by the Judge Advocate General’s Department, from 25 May 2014 to 30 June 2018, civilians have been indicted with the Military Court in over 1,723 cases and at least 281 cases are pending the review. TLHR has been assisting in 58 cases in which the civilians stand trial in the Military Court, of which 12 cases have been “secretly” conducted by the court’s order. Furthermore, the Military Court also prohibited any observer from recording the court proceeding. Recently, the Military Court banned a public dissemination of dockets in two cases, namely, the case concerning a call for election on 24 September 2018, and the case against Mr. Thanakorn on 3 October 2018.

2. According to Section 30 of the Civil Procedure Code, “The Court shall have power to give to any party or any third person present in the Court such directions as it may deem necessary for the maintenance of order within the precincts of the Court and for the fair and speedy carrying out of the trial.” Nonetheless, the latest direction to suppress the public dissemination of the docket in this case is unrelated to the maintenance of order within the precincts of the Court. Besides, the dissemination of the docket shall not affect the justice to be served in the case. Thus, it cannot be deemed a violation to the Section 30 of the Civil Procedure Code.

3. A public trial is one of the core elements to ensure the right to the fair trial according to the Article 14 of the International Covenant on Civil and Political Rights (ICCPR). As a state party to the Convention, Thailand is obliged to implement its provisions. According to the principle, a person is entitled to a fair and public trial. The public trial does not only involve those in the court room, but it must be open and accessible to every individual.

Moreover, the public trial can ensure the transparency of the justice process and can guarantee the rights and the freedoms of the people. Therefore, apart from being important in itself, the public trial is an entitlement– necessary to ensure other elements that constitute a fair trial and to build trust in the justice process among the public.

4. TLHR has been reporting details of every hearing that the Court did not order the trial to be conducted secretly and suppressed the dissemination of the docket. The information has derived from a summary of evidence given in the Court and from the trial observation.

The publication of contents summarized from the witness testimonies is not tantamount to the publication of the court documents. After all, such publication has been granted a consent by the defendants. This is to ensure transparency in the justice process, particularly the trial of civilians in the Military Court, where the defendants are supposed to enjoy less safeguards that protect their right to fair trial, compared to trials in the Court of Justice.

Therefore, the dissemination of information concerning the court proceeding does not only affect the trial, but also helps gracing the image of the Military Court itself. It is a better alternative than ordering the hearing to be secretly conducted and the suppression of the docket dissemination.

TLHR is determined to provide legal assistance to civilians tried in the Military Court and to inform the public of related information. This is to ensure the transparency and the safeguard of the right to the fair trial amidst the extreme deterioration of democracy and the rule of law.

With respect in people’s rights and liberties

Thai Lawyers for Human Rights (TLHR)





Sedition as the new lese majeste

28 09 2018

According to the Bangkok Post, “[p]rosecutors have charged six pro-election activists who rallied on Ratchadamnoen Avenue in February with sedition.”

The six were Sirawith Seritiwat, 25; Anon Nampa, 33; Chonthicha Jaengreo, 25; Sukrit Piansuwan, 24; Nattaa Mahattana, 39; and Karn Pongprapapan, 25.

Under the junta, sedition now means ” violating an NCPO order banning political assembling of more than five.” Sedition can mean 7 years in jail. Clearly, the junta thinks itself inviolable. How very monarchical!

These six just happened to be singled out from about 400 who rallied “for an early general election at the Democracy Monument on Feb 10.” 50 were “charged with violating the assembly ban but the co-leaders also faced the sedition charge.”

The Nation reports that there are now 15 political activists who “face sedition charges in six different cases in connection with their pro-election gatherings.”

Sedition is the new lese majeste for the junta when it suppresses its opponents.





Rallying on ending the military dictatorship

10 02 2018

The pro-democracy rally near the Democracy Monument drew hundreds of activists on Saturday.

The authorities tried to prevent the rally in various ways, including a childish effort to cover open areas at the monument with potted plants, forcing hundreds of protesters onto footpaths.

In the end, the rally went ahead with speeches by several people including some of the MBK39.

As well as demanding an election that they said would mean the end the military dictatorship, speakers demanded that the Democracy Monument and what it stood for be given back to the people:

People seeking to cast ballots are blocked by police. A monument has been turned into a garden. No matter what this country has become, this monument still has meaning and significance. Let’s make today the beginning of an end to dictatorship….

Rangsiman Rome declared:

We meet today to demand an election and the end to the power succession. We show a three-finger salute today — first for the election, second for the end of dictatorship and third for democracy….

He also demanded that “politicians” get off their fat behinds and do something to support the pro-democracy activists.

The rally concluded with three of the the MBK39 co-leaders taken away to a police station. Rangsiman, Sirawich Serithiwat and Arnon Nampa were taken to the Saran Rat police station and then the Pathumwan police station. Earlier, Akechai Hongkangwarn, another co-leaader, had been whisked off by police before he could attend the rally.





Updated: Watching and waiting

10 02 2018

On one watch front, the luxury front – the news is… well, no news. The Nation reports that National Anti-Corruption Commission President Pol Gen Watcharapol Prasarnrajkit declared that the NACC’s “secretary-general has not yet updated the corruption-fighting body about whether Deputy PM [Gen] Prawit Wongsuwan has submitted his third try at an explanation about his possession of luxury watches.” Is he getting coaching? Probably not. Neither The Dictator or the Deputy Dictator believe that laws apply to them.

The other thing to watch is is the so-called MBK39. The junta got a legal slap when the the courts unconditionally released them. Four of the activists, named below, did not front the police and courts. That said the charges of “violating the public assembly and internal security laws, as well as the junta’s order on political gatherings” remain in place and could see a penalty of 7 years in jail. The laws include a charge of assembling within 150 meters of a royal palace (Sirindhorn’s). In effect, this “law” bans public gatherings in several of the locations where anti-government protests have been ignited in the past and is one more piece in the return to pre-1932 jigsaw and the deification of royals and their spaces.

The thing to watch is a a pro-election assembly this afternoon Bangkok time. It is reported that “[a]ctivists Rangsiman Rome, Sirawit Serithiwat, Ekachai Hongkangwan and lawyer Anon Nampa … would be attending the event to be held near Democracy Monument at 4pm.”

The police have said “they would immediately arrest the four when they showed up at today’s event” using warrants from the previous case against them.

Akechai said: “Why not go? … The court’s rejection to detain [activists from the] January 27 assembly has already proved that this kind of assembly is rightful by law.”

Update: Akechai didn’t get a chance to go. Junta thugs arrested him early on Saturday morning, and took him to Lat Phrao police station and then to Pathumwan police station. He seemed unfazed by the arrest; it is kind of “normal” under the dictatorship.

How’s that “democracy” looking to you Gen Joseph F Dunford?





Repression and manufactured paranoia

30 01 2018

As expected, the junta has responded to the mounting criticism it is catching. And, as expected, it has not gone after the anti-democrats involved but anti-coup activists.

The repression is unsurprising but the borrowing of manufactured nationalist paranoia is a little more bewildering.

Khaosod reports that the military junta “has ordered seven of the most prominent pro-democracy activists [be] charged with crimes including sedition after they launched a protest campaign calling for general elections to be held in November.”

It might seem somewhat odd that sedition now includes demanding that the junta stick to its promises.

Acting for the military dictatorship, Col. Burin Thongprapai,  filed police complaints against seven activists. They are:

Sirawit Seritiwat, Nutta Mahattana, Democracy Restoration Group leader Rangsiman Rome, student activist Netiwit Chotiphatphaisal, former lese majeste convict turned political activist Ekachai Hongkangwan, human rights lawyer Arnon Nampa and newcomer student activist Sukrid Peansuwan.

The colonel chuckled that his people had “solid recorded evidence that the seven protest leaders have violated the junta’s ban on political gatherings of more than four and committed acts of incitement against the state.”

The junta’s Burin “said the seven were singled out because they are leaders and committed sedition.”

So the next time The Dictator talks about an election, presumably he’s committing sedition. The junta is now sinking into nonsensical survival mode. It is likely to become dangerous as these ridiculous repression fails.

As one of the accused observed, “[t]he fire has been lit…”, adding:

They want to snuff the fire at its source because everyone’s getting energized. The people have become lively again, and even the media reported it on the front page in a sympathetic manner…

Meanwhile, Deputy Dictator General Prawit Wongsuwan has sent an aide out to declare that the “pro-democracy campaign was orchestrated by foreign powers.” This was followed by a claim worthy of alt-right fruit loops claiming that anti-coup activism results from “trickery by foreign powers” providing the examples of “Iran and Hong Kong.” Several other right-wing leaders and regimes have made similar claims.

The idea of such accusations is to appeal to those anti-democrats who consume mad conspiracy theorists, themselves in the pay of foreign states.

Things are going to get nastier still.





More judicial harassment

15 12 2017

The military dictatorship has repeatedly used the judiciary to harass its political opponents. It has also repeatedly used this harassment against individuals. It is at it again.

One such case is Arnon Nampa, a human rights lawyer who is also anti-junta and a member of Resistant Citizen. He is associated with Thai Lawyers for Human Rights (TLHR) and has defended numerous individuals accused of lese majeste and the Computer Crimes Act since 2010. His high profile cases have included Ampol Tangnopakul, the aged lese majeste victim who died in prison in 2012 and the case of a man accused of lese majeste for mocking the then king’s dog.

Arnon has faced several situations identified as judicial harassment. In 2015, the military accused him of “importing into a computer false information which may damage national security” under the Computer Crimes Act for five Facebook posts that criticized the military regime’s administration of “justice” under martial law. Then he faced up to 25 years in jail and a fine. In 2016, he was charged with “standing still.” This was a public protest against the junta’s detention of anti-coup activists. The public prosecutor filed charges under Public Assembly Act.

The junta is again using the judiciary to harass Arnon. Is the EU following this case?

According to Prachatai, police have summoned Arnon “over his 2 Nov 2017 Facebook post, accusing him of contempt of the court and importing false information into a computer system under Article 14 of the Computer Crime Act.”

His “crime” was to question the Khon Kaen court’s 2 November verdict “which found seven anti-junta activists guilty of contempt of the court for their activities in front of Khon Kaen Court on 10 Jan 2017.” This case had accused a “peaceful symbolic activity was organised to give moral courage to Jatupat Boonpattararaksa, alias Pai Dao Din, a pro-democracy activist who has been sentenced to 2 years and six months in jail for lèse majesté.”

Arnon copied a news story and wrote a comment, questioning if it is fair or even possible for a court to prohibit those convicted “from associating with each other.”

For this he gets slapped with a charge that could result in many years in jail.

The harassment of political opponents continues. The junta brooks no opposition.