- Cases, Section 116
Aod: Hanging the banner called for the separation of Lanna State at Mueang District Chiang Rai
Latest Update: 16/08/2019
Defendant
Aod
Case Status
Judgment / End of trial
Case Started
2014
Complainant / Plaintiff
Chiang Rai Province prosecutor
Table of Content
In the early of 2014 banners written "This country has no justice we want to seperate Lanna State" hung in several areas in Northern provinces. The message was expected to be expression of anger toward the order of the Civil Court to prohibit the crackdown of political rally of the People's Democratic Reform Committee (PDRC), a right wing movement that occupied several interection in Bangkok in the early of 2014 to demand the resignation of Yingluck Shinawatra
On 26 February 2014, Aod, Thanormsri and Suksiam joined the redshirt in Chiang Rai province to welcome Yingluck Shinawatra, a Prime Minister at that time who came to visit Chiang Rai. While they walk pass by flyover in front of Central Department Store Chiang Rai group of Red Shirt asked the three to help them hung a banner on flyover. The three lend their hand to the Red Shirt and went home afterward. The three gave information later that they did not aware of message on the banner.
In June 2014 after the Coup, Aod, Thanormsri and Suksiam were arrested at their house and had been remanded in custody at prison in Chiang Rai for 2 nights before they were released on bail.
In May 2018, the Chiang rai Provincial Court proceeded with witnesses examination. the prosecution examined 15 witnesses in total while the defendant examined only one witness that was Thanormsri. In July 2015 the Chiang Rai Provincial Court found Aod, Thanormsri and Suksiam guilty under sedition and sentenced them to 3 years in prison. The prison sentenced however suspended for 5 years period. Since parties to the case did not filed appeal the case then concluded.
Defendant Background
Aod, 63 years old, was a longan gardener in Mae Suai District, Chiang Rai Province. He has been interested in politics since 2001, when Pol.Lt.Col.Thaksin Shinawatra was the Prime Minister. Aod joined the red shirt political rallies and was a red shirt leader for Mae Suai District in 2010. During rallies Aod usually wore a big hat so he was nicknamed “Uncle Aod the Big Hat.”
Thanormsri, 53 years old, owned a business and was a red shirt leader of Mae Suai Rak Prachatippatai Group (Mae Suai Loves Democracy Group). Thanormsri has always been interested in politics. He was also a coordinator for United Front of Democracy against Dictatorship (UDD).
Sooksayam, 62 years old, a farmer, was a leader for Mae Suai Loves Democracy Group.
Offense
Article 116 Criminal Code
Allegation
Aod, Thanormsri and Sooksayam and their group were accused of hanging a banner that read to separate Lanna Country, on a flyover in front of Central Plaza shopping mall in Chiang Rai.
Circumstance of Arrest
During the beginning of June 2014, the Army called Aod and the other two defendants to report at Fort Mengrai. They were detained for two nights. The Army also warned them to stop political activities.
On 13 June, Chiang Rai provincial court issued arrest warrants for three defendants. On 15 June, police forces from Chiang Rai Police Station went to Mae Suai district and arrested all three defendants at their houses.
The police brought all three defendants to Chiang Rai Provincial Court for provisional detention. The three defendants were detained at Chiang Rai prison for two nights before releasing. While all three defendants were detained, the police came for questioning as well.
Trial Observation
No information
Black Case
4215/2557
Court
Chiang Rai Provincial Court
Additional Info
No information
Reference
No information
26 February 2014
There was a banner, with a message to separate Lanna country, hung on a flyover in front of Central Plaza shopping mall in Chiang Rai. The Army from Chiang Rai Military District filed a charge to local inquiry officials against three suspects for making an appearance to the public by words, writings or any other means which is not an act within the purpose of the Constitution or for expressing an honest opinion or criticism in order, and to raise unrest and disaffection amongst the people in a manner likely to cause disturbance in the country.
3 March 2014
Maj.Gen. Pattana Martmongkol, Chiang Rai Military District Commanding Officer, ordered Lt.Col. Itsara Maorasri, Acting Head of Information, to file a charge against whoever has hung the banner to Pol.Lt. Sridet Suwan, on-duty Inspector, Chiang Rai Police Station and to Pol.Lt.Col.Pichet Fongfoo, on-duty Inspector, Mae Lao Police Station.
Source: Thai Socialist website
June 2014
Two weeks after the coup, the Army called Aod and the other two associates to report at Fort Mengrai. The Army detained all three at a residence inside the Fort for two nights.
The Army warned Aod and associates to stop political activities. So National Council for Peace and Order (NCPO) could smoothly govern the country.
13 June 2014
An inquiry official asked the Court for issuing arrest warrants for Aod, Thanormsri and Sooksayam for making an appearance to the public by words, writings or any other means which is not an act within the purpose of the Constitution or for expressing an honest opinion or criticism in order, and to raise unrest and disaffection amongst the people in a manner likely to cause disturbance in the country.
The Court issued the warrants according to the inquiry official’s petition. The inquiry official, supervising the incident area, sent the warrants to Mae Suai Police Station, which was Aod and the associates’ hometown, for arrest and prosecution.
15 June 2014
Aod, Thanormsri and Sooksayam were arrested at their houses. The police took them to Chiang Rai Provincial Court for provisional detention. Aod and associates were detained at Chiang Rai Provincial Prison for two nights before releasing. While being detained the police came for questioning, asking them where the banner came from and who ordered to do it.
28 July 2014
Aod and associates joined the reconciliation party at Mae Suai District Office. Many government officers such as District Chief, Police Superintendent and Provincial Military Conscription Chief joined the party. There were many activities such as greetings, speeches and singing together.
After the party, Aod and associates usually and occasionally received calls from the Army and the police. Their houses were observed and it made them felt uncomfortable.
During June and October, Aod and associates were summoned at Fort Mengrai four times, which sometimes they refused. When they refused to report to the Army, some personnel would go to visit them.
31 October 2014
Aod and associates reported at Fort Mengrai once again. This time they felt relaxed and were happy to cooperate with the Army because the Army’s attitudes were better than before.
10 November 2014
Deposition Examination
Chiang Rai Provincial Court scheduled for hearing at 09.00 a.m. Prosecutor, the defendants’ lawyer and all three defendants came to the Court. The prosecutor stated to examine 24 witnesses. Six witnesses were removed from the list later because the defendants confessed the fact that the all witnesses gave their testimonies to the inquiry official.
The first and the third defendant stated to examine six witnesses who were all three defendants and three witnesses. Since one defendant’s witness was already the witness for the prosecution, so there would be only two other witnesses. Altogether there would be five witnesses to be examined.
The second witness stated to examine 3 witnesses who were the 3 defendants.
The Court informed that it would take four times for witness hearings. The prosecutor could examine the witnesses three full days and a half day in the morning on the fourth day. The defendants would be examined in the afternoon on the fourth day. The Court allowed both parties to schedule themselves at the Informal Hearings Office. The defendants’ lawyer later informed that the witness hearing would be held on 12 – 15 May 2015.
22 July 2015,
Verdict annoucement
Around 9.30 am, Chiang Rai Provincial Court read a verdict in this case. Besides the three defendants, there are a defense lawyer, a friend and 2 observers in the court room.
The Court sentenced each defendants to 4 years in prison under Section 116 of the Crimincal Code but reduced by one fourth to 3 years because the defendant's testimonies benefits the trial. The prison sentence was also suspended for 5 years.
The reason that was given by the court can be summarized that hanging a banner demanding for a seperation while the country was in chaos and the people divided into many sides with political conflicts may cause public order. Furthurmore, the message on the banner were deemed against the state.
For the defendant's argument that the banner was to be sarcastic to the injustice, after the Crimincal Court dismissed the case against the leaders of PDRC who obstruct the election, is only what the defendants think by their own. This argument does not mean hanging such banner is lawful.
Verdict
No information