The rotten system II

17 09 2021

The smell from the rotten system is overpowering.

Remember the case of Gen Prawit Wongsuwan and his two dozen luxury watches? He said he had borrowed the watches from a former classmate, Patthawat Suksriwong, who was dead, but that he had returned them. Remember how the National Anti-Corruption Commission exonerated him on unexplained – some might say, bogus – grounds?

That smelly story is back. Thai PBS reports that the “The Central Administrative Court has ordered Thailand’s anti-graft watchdog, the … NACC…, to reveal its findings from an investigation into the expensive wristwatches seen being worn in public by Deputy Prime Minister Prawit…”.

The court seems to recognize that the NACC is so politically-biased that it is widely viewed as a regime tool when it “ruled that, the disclosure of the findings…, including witness testimonies and Gen Prawit’s own testimonies, will demonstrate the transparency and accountability of the NACC and will enhance public trust and confidence in the agency.”

The NACC says it is considering what to do. We might guess that it is seeking advice from the likes of regime legal fixer Wissanu Krea-ngam and Gen Prawit himself.

Remember Pol Col Thitisan Uttanapol or “Joe Ferrari,” recently caught on camera suffocating a man to death with plastic bags while “interrogating” a suspect and trying to extort money? You might think that Joe learned his plastic bag trick from watching gangster movies. But it seems he may have been trained by the police. Prachatai reports on “the case of Somsak Chuenchit and his 12-year effort to bring the police officers who tortured his son by beating and suffocating him with plastic bags during an interrogation.” The report states:

On 28 January 2009, Ritthirong ‘Shop’ Chuenchit ,18, was returning from a cinema in Prachinburi Province with a friend when he was stopped by the police. His clothing and motorcycle helmet reportedly fit the description given to police by a woman who had earlier been the victim of a gold necklace-snatching.

At the police station, the woman identified Ritthirong as the person who had taken her necklace. Ignoring his assertion of innocence, the interrogating officers beat the handcuffed youth and then suffocated him in a bid to determine where the necklace was hidden. Whenever Ritthirong chewed holes in the plastic bags to breathe, more were placed over his head.

Chuenchit survived but was framed and traumatized.

Remember the activists kept in jail for months when arrested and refused bail? Prachatai reports that the Court of Appeal granted bail to activists Phromsorn Weerathamjaree, Parit Chiwarak, Panupong Jadnok, Thatchapong Kaedam, and Nutchanon Pairoj on 15 September, after having been denied bail several times. Several other activists continue to be detained without bail, including Arnon Nampa and Jatuphat Boonpattararaksa. A rotten regime prefers that its opponents remain in jail, face never-ending repression and under threat.

The regime is rotten, the system is rotten.





fidh appeal

14 08 2021
The following is an appeal by Observatory for the Protection of Human Rights Defenders, a partnership of FIDH and the World Organisation Against Torture:

THA 002 / 0821 / OBS 083
Arbitrary detention /
Judicial harassment
Thailand
August 12, 2021

The Observatory for the Protection of Human Rights Defenders, a partnership of FIDH and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Thailand.

Description of the situation:

The Observatory has been informed about the arbitrary detention and ongoing judicial harassment of eight pro-democracy activists, namely: Anon Nampa, prominent human rights lawyer; Parit ChiwarakNutchanon PairojSirichai Natueng, Thammasat University student activists; Phromsorn Weerathamjaree, Ratsadon Mutelu member; Panupong Chadnok, Eastern Youth for Democracy member; Thatchapong Kaedam, Free Youth member; and Jatuphat Boonpattararaksa, Dao Din member….

On August 9, 2021, police officers arrested Anon Nampa after he surrendered himself to the Pathumwan police station in Bangkok after learning that a warrant had been issued for his arrest. Mr. Anon was charged with violating Article 112 of the Criminal Code (“lèse-majesté”) and the Emergency Decree for his participation in a peaceful protest on August 3, 2021, in Central Bangkok. During the protest, Mr. Anon made a speech in which he reiterated the pro-democracy movement’s call for the reform of the Thai monarchy.

On August 10, 2021, police denied Anon Nampa’s bail request arguing that he would present a high risk of re-offending, if released. After spending two nights in custody at the Pathumwan police station, on August 11, 2021, the Bangkok South Criminal Court approved the police’s request detention for Mr. Anon and denied him bail. The court argued Mr. Anon was accused of a serious offence, had breached previous bail conditions, and was likely to re-offend, if released. At the time of publication of this Urgent Appeal, Mr. Anon was being detained at Bangkok’s Central Special Treatment Centre, where he was undergoing COVID-19 testing and a 14-day quarantine. The Observatory recalls that it is not the first time that Mr. Anon faces charges under Article 112 and, if convicted in all the “lèse-majesté” cases pending against him, he could be sentenced to a total of 195 years in jail. Earlier this year, Mr. Anon was detained for 113 days on charges under Article 112. Similarly, Messrs. Parit and Panupong were detained for 92 and 85 days, respectively, on lèse-majesté charges. Mr. Parit was conditionally released on May 11, 2021, and Messrs. Anon and Panupong on June 1, 2021.

The Observatory notes with concern that between November 24, 2020 and August 9, 2021, 116 individuals, including Anon Nampa, Parit Chiwarak, Panupong Chadnok, and many other human rights defenders, were charged under Article 112 of the Thai Criminal Code (“lèse-majesté”).

On August 8, 2021, Parit Chiwarak, Nutchanon Pairoj, Sirichai Natueng, and Phromsorn Weerathamjaree were arrested in front of the Police Headquarters in Bangkok in connection with their participation in a peaceful protest on August 2, 2021, in front of the Border Patrol Police Region 1 Headquarters in Pathumthani Province. Protesters had gathered to demand the release of 32 fellow activists who had been arrested and detained in connection with another protest at the Narcotics Suppression Bureau in Bangkok earlier the same day. Later on August 8, 2021, Messrs. Parit, Nutchanon, Sirichai, and Phromsorn were taken into custody to the Khlong 5 police station and then to the the Border Patrol Police Region 1 Headquarters in Pathumthani Province.

On August 9, 2021, Panupong Chadnok and Thatchapong Kaedam were arrested after they reported themselves at the Khlong 5 police station in Pathumthani Province in relation to the August 2, 2021 protest. All six pro-democracy activists were charged with violating Article 215 of the Criminal Code (“leading an illegal assembly of more than 10 people” ), the Emergency Decree, and the Communicable Diseases Act. Three other protesters who accompanied Messrs.Panupong and Thatchapong at the Khlong 5 police station were also arrested and detained.

On August 9, 2021, the Thanyaburi Provincial Court approved the temporary detention request for Parit Chiwarak, Nutchanon Pairoj, Sirichai Natueng, Phromsorn Weerathamjaree, Panupong Chadnok, and Thatchapong Kaeda and denied them bail on the grounds that they acted without considering the society’s safety, peace, and order during the COVID-19 pandemic and that they would likely commit the same offenses if released. The six activists were then taken to the Rangsit Temporary Prison in Pathumthani Province, where they remained detained at the time of publication of this Urgent Appeal for a quarantine period of 21 days after which they would be transferred to the Thanyaburi Prison.

On August 9, 2021, police arrested Jatuphat Boonpattararaksa after he surrendered himself at the Thung Song Hong police station in Bangkok. Mr. Jatuphat was charged with violating the Emergency Decree and Article 215 of the Criminal Code, in connection with a protest held in front of the Thung Song Hong police station on August 3, 2021. Mr. Jatuphat, who was detained at Bangkok’s Central Special Treatment Centre at the time of publication of this Urgent Appeal, had no access to a lawyer until the afternoon of August 10, 2021.

The Observatory condemns the arbitrary detention and judicial harassment of the eight above-mentioned human rights defenders, which seem to be only aimed at punishing them for their legitimate human rights activities and the exercise of their rights to freedom of expression and of peaceful assembly.

The Observatory calls on the Thai authorities to immediately and unconditionally release the eight human rights defenders and to put an end to the judicial harassment against them and all other human rights defenders in the country.

Actions requested:

Please write to the authorities of Thailand asking them to:

i. Guarantee in all circumstances the physical integrity and psychological well-being of all human rights defenders in Thailand, and ensure in all circumstances that they are able to carry out their legitimate activities without any hindrance and fear of reprisals;

ii. Immediately and unconditionally release Anon Nampa, Parit Chiwarak, Panupong Chadnok,Nutchanon Pairoj, Sirichai Natueng, Phromsorn Weerathamjaree, Thatchapong Kaedam, and Jatuphat Boonpattararaksa since their detention is arbitrary as it seems to be merely aimed at punishing them for their human rights activities;

iii. Put an end to all acts of harassment, including at the judicial level, against Anon Nampa, Parit Chiwarak, Panupong Chadnok, Nutchanon Pairoj, Sirichai Natueng, Phromsorn Weerathamjaree, Thatchapong Kaedam, Jatuphat Boonpattararaksa, and all other human rights defenders and pro-democracy activists in the country;

iv. Guarantee, in all circumstances, the rights to freedom of expression and of peaceful assembly, as enshrined in international human right law, and particularly in Articles 19 and 21 of the International Covenant on Civil and Political Rights.

Addresses:

· Mr. Prayuth Chan-ocha, Prime Minister of Thailand, Email: spmwebsite@thaigov.go.th
· Mr. Don Pramudwinai, Minister of Foreign Affairs of Thailand, Email: minister@mfa.go.th
· Mr. Somsak Thepsutin, Minister of Justice of Thailand, Email: complainingcenter@moj.go.th
· Gen Apirut Kongsompong, Commander in Chief of the Royal Thai Army, Email: webadmin@rta.mi.th

· Pol Gen Chaktip Chaijinda, Commissioner-General of the Royal Thai Police, Email: info@royalthaipolice.go.th
· Mr. Prakairat Tanteerawong, National Human Rights Commissioner of Thailand, Email: Prakairatana@nhrc.or.th/ Prakairatanao@yahoo.com
· H.E. Mr. Thani Thongphakdi, Ambassador, Permanent Mission of Thailand to the United Nations in Geneva, Switzerland, Email: mission.thailand@ties.itu.int
· Embassy of Thailand in Brussels, Belgium, Email: thaibxl@pophost.eunet.be

Please also write to the diplomatic representations of Thailand in your respective countries.





Ammy and Phromsorn face more 112 charges

9 06 2021
Ammy

An earlier photo of Ammy

Prachatai reports that Chaiamorn Kaewwiboonpan or Ammy, the lead singer of band The Bottom Blues, is facing yet “another royal defamation charge for singing a modified version of his song ‘1 2 3 4 5 I love you’ at a protest in front of the Thanyaburi Provincial Court in January 2021.”

Along with the already reported case against and activist Phromsorn Weerathamjaree

, Thai Lawyers for Human Rights report that Ammy faces another lese majeste charges for “participation in the 14 January 2021 protest in front of the Thanyaburi Provincial Court to demand the release of student activist Sirichai Natueng, who was arrested in the middle of the night on 13 January 2021,” also for lese majeste involving the “spray-painting portraits of members of the royal family.”

It seems that this may also be a second case against Phromsorn for participation in this event – one for a speech and this one for joining Ammy in singing the song where the “I love you” is replaced with “Fuck you Too [Prayuth Chan-ocha]” or “Free our friends.” This time, however, the police claim the words were replaced with words against the king:

TLHR reported that according to the police, participants during the 14 January 2021 protest replaced “I love you” with “Fuck you […].” TLHR did not disclose what the final word was, but said the police deemed that the modified lyrics were insulting to the king.

Phromsorn

Phromsorn

Phromsorn reported to Thanyaburi Police Station on 7 June and denied the charge and Ammy reported on 8 June, also denying the charge.

The public prosecutor has now filed 112 cases against the two activists.

It is stated in the report that this “is the 17th royal defamation case in which the public prosecutor has ordered an indictment since the law began to be used against pro-democracy protesters in November 2020.”

The Thanyaburi Provincial Court granted bail to both men, “with a security of 300,000 baht each. The court also required them to sign a letter promising not to run or tamper with evidence.”

Ammy stated that this is “the first pop song to be charged under Section 112” and “that he was notified of the charges while he was still being detained pending trial in another royal defamation [lese majeste*] charge at the Thanyaburi Remand Prison.” He was detained for 69 days before being bailed on 11 May 2021 “on condition that he does not participate in activities which are damaging to the monarchy…”.

So far, Phromsorn is “facing a total of 3 counts of royal defamation [lese majeste] relating to political expression…”.

*PPT is becoming concerned that reporting of lese majeste is replacing the term with “royal defamation.” That plays into the arguments of the military-backed and royalist regime that argues for the draconian lese majeste charge being just another defamation charge. Clearly it is not.





Another bailed

11 05 2021

Political prisoner Phromsorn Weerathamjaree, known as Fah, has been released on bail from the Thanyaburi prison after 53 days in pre-trial detention and a hunger strike.

Detained on lese majeste and other charges,

According to the Thai Lawyers for Human Rights (TLHR), the Court of Appeal Region 1 allowed bail with security of 200,000 baht, with the condition that Phromsorn wears an Electronic Monitoring (EM) bracelet, does not tamper with evidence and does not commit similar offences to the one he is charged with.

He was bailed after four earlier requests had been rejected.

Phromsorn was bailed on 10 May.

The report states that Fah is “known as a talented public speaker and later joined Ratsadon Mutelu, a group of political activists that address structural problems via acts of sorcery.”

His 112 charge stemmed from a speech he made in front of Thanyaburi Provincial Court on 14 January 2021. 

The report states:

His case is a significant example of the bizarre judicial process facing pro-democracy protesters. He was suddenly taken to court for a temporary detention hearing after appearing at a police station on 17 March to hear the charges against him. This was 2 days after he was injured in a traffic incident.

Sasinan Thamnithinan, a TLHR lawyer who had accompanied Phromson to the police station, posted on Facebook an account of the sudden police move. The post explained that although Phromson had come to the station with his injuries to demonstrate that he had no intention to flee, the Deputy Superintendent suddenly decided, after the regular investigation stage, to take him to court before the court closed.

The police also sought to prevent the lawyer spending time consulting with her client, despite the turn of events, with the Station Superintendent allowing “them 2 minutes to consult in private.”

Phromsorn then staged a hunger strike to protest against his detention without bail.








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