iLaw HOME
  • Cases, Other cases, Public Assembly Act

Founding Revolution Alliance for Democracy Party

Latest Update: 15/08/2018

Defendant

No information

Case Status

Charge rejected by prosecutor

Case Started

2016

Complainant / Plaintiff

No information

Table of Content

After the bombing attack in 7 southern provinces during 10-12 August 2016, many people were arrested. At first, it seems like authorities have arrested bomb suspects but later it was found that 15 people who were charged did not involve in the insurgent attack.
 
They were charged, instead, with forming a secret society and political gathering up to 5 persons for trying to set up a Revolution Alliance for Democracy Party which aim to oppose the government.
 
After the arrest, they all were detained not exceeding than 7 days in military camps and sent to prison for 5 days before got bail. On 24 May 2017, military prosecutor issued a non prosecution order for this case.

Defendant Background

The 1st accused, Pol. Sen. Sgt. Maj. Sirirat, 69-year-old, lives in Chonburi Province.

The 2nd accused, Weerachat, 62-year-old, lives in Nontaburi Province.

The 3rd accused, Prapas, 67-year-old, lives in Trang Province. 

The 4th accused, Pramote, 62-year-old, lives in Satun Province.

The 5th accused, Sorasak, 49-year-old, lives in Kanchanaburi Province.

The 6th accused, Meena, 39-year-old, lives in Bangkok.

The 7th accused, Siritharoj, 57-year-old, lives in Nong Khai Province. He was a businessman in Thailand an Laos. He knows only some of other accused and has never joined any political party. After he was released on bail he faced obstracles because he cannot travel accross boarder to do business in Laos as usual.

The 8th accused, Chinworn, 70-year-old, lives in Chiang Rai Province.

The 9th accused, Narong, 60-year-old, lives in Patum Thani Provice.

The 10th accused, Sorawat, 60-year-old, lives in Mahasarakam Province. 

The 11st accused, Nueaprai, 41-year-old, lives in Sakon Nakorn Province.

The 12nd accused, Wichian, 58-year-old, lives in Nakorn Sri Thammarat Provice.

The 13rd accused, Boonpob, 62-year-ole, lives in Chiang Rai Province. He is a businessman and a president of citizen volunteer for forest protection project. He has no interest in politic and has git gout. Among all accused he knows only Chinworn.

The 14th accused, Rujiya, 53-year-old, lives in Roi-ed Province. She is a farmer and a sister of Wilaiwan. She has no intereest in politic.

The 15th accused, Wiroj, 67-year-old, lives in Nakorn Sri Thammarat Province.

Offense

Defying NCPO order 7/2014, Others
Being a member of secret society under Criminal Code Section 209

Allegation

In the request for provisional detention that the inquiry officer from Crime Suppression Division submitted to Bangkok Military Court, mentioned that the circumstances of the case includes all of 15 suspects have started a political group and secretively, unconstitutionally initiated the Revolutioni Alliance for Democracy Party.

Started from December 10th, 2015, Pol. Sen. Sgt. Maj. Sirirat, the Chief of the Security Affairs Group; Weerachat, Chief of the Foreign Affairs Group; Weerapat and Pramote, the leader and manager have gathered in Nonthaburi to establish the Revolution Alliance for Democracy Party. Later in between the months of May and June 2016, Pol. Sen. Sgt. Maj. Sirirat and Weerachat have met up firstly with a guy named Nueaprai to discuss about the procedures and then secondly with Siritharoj about the conditions of movement and funding. 

Then chronologically:
Pol. Sen. Sgt. Maj. Sirirat, Weerachat, Prapas, Chinworn, and Narong have a small meeting in a restaurant in Ang Thong province.
Pol. Sen. Sgt. Maj. Sirirat, Weerachat, and Prapas have another meeting in a temple in Phatthalung province.
Pol. Sen. Sgt. Maj. Sirirat, Weerachat, Prapas, Wichian and Wiroj went yet another meeting in Suphan Buri province.
 
Chinworn invited Sorasak to become a participant.
Sorasak invited Meena to become a participant.
Prapas invited Vichian to become a participant.
Boonphop is a close friend of Shinnavorn.
Rujiya is a wife of a leader of redshirt group in Rayong Province and participated in demonstration with redshirt movement many times, therefore, she was believed to be involved in the crime.
 
National Council for Peace and Order (NCPO) has considered the circumstances and actions as a secret society and their gatherings as unconstitutional, rebellious acts leading to the overthrowing of the current system of sovereignty. The suspects were accused of the act of being a member of secret society  under the Section 209 of the Criminal Code, and of the political gathering up to 5 or more people without the permission under the Head of NCPO Order No.3/2558. 
 
 

Circumstance of Arrest

August 13th, 2016
Manager Online reported the soldiers came to Prapas’ as he was watching the television in Mueang District, Trang province with the authority under the Section 44 for further interrogation at Thepsatree Sornsoontorn military base in Nakhon Ratchasima province.
 
The soldiers from Royal Army Division 4 have escorted the other 2 political movement leaders from Nakorn Sri Thammarat province who were Wichian and Wiroj with two other involving members from Trang and Phatthalung provinces for further interrogation in the 11th Military Circle in Bangkok.
 
In the same day Thairath online reported at 06:00 a.m., while Narong or ‘Hia See Ang Thong’ was about to open his shop in Suwapan market, approximately 10 soldier-like men intruded into his property, without inform of charge, merely stating that it was the order of the Superior. They seized every dweller’s phone and a number of CDs. Meanwhile, roughly and hour before the incident, another group of soldiers arrested Sorawat, a Red Shirt leader from his residence in Maha Sarakham province and took him to 11th Military Circle.
 
Prachatai also reported that plain-clothes police have grabbed Meena, a spice sale in a market in Srinakarin, Bangkok, and they have additionally searched for illegal goods in her property but turned futile, claiming authority given under the Section/Article 44.
 
Added Prachatai that Korakot Bootsim, an attorney from the White Pigeon Attorneys for the People's Rights club has posted on personal Facebook page saying that in the morning of August 13th, Rujiya, Pol.Sub-Lt. Wilaiwan, Pol.Lt. Samai were all apprehended by plain-clothes soldiers and have not been in contact ever since.
 
In conclusion, there have been reports from different news anchors mentioning the arrests of at least 11 suspects involved in the bombing incident in the 7 southern-bordering provinces the whole day of August 13th; all under further interrogation under the Section 44.
 
 

Trial Observation

No information

Black Case

No information

Court

Bangkok Military Court

Additional Info

No information

Reference

No information
August 10th-12th, 2016
 
There has been an insurgency incident for three days long in the 7 provinces of the upper part of the Southern part of Thailand: Prachuap Khiri Khan, Phuket, Trang, Phang Nga, Krabi, Nakhon Si Thammarat. Nineteen incidents were reported: 14 bombings, 5 arsons with 3 deaths.
 
August 13th, 2016
 
Arrest of suspects involved in the insurgency were reported.
 
August 17th, 2016
 
Manager Online reported that Pol.Maj.Gen. Wicharn Jodtaeng, a legal personnel from NCPO, has reported to the Crime Suppression Division officers with document evidences in order to prosecute the suspects with the offense of criminal association under section 210 of the Criminal Code.
 
August 19th, 2016
 
Kom Chad Luek reported that Pol.Gen. Prawit Wongsuwan, vice prime minister and minister of the Ministry of Defense, has mentioned that the 17 arrested suspects were not relevant to the recent insurgency incidents in the 7 southern provinces, but were accused of breaching public order purposedly against the government.
 
After being brought to the press conference at the Crime Suppression Division, the fifteen suspects were then brought to Bangkok Military Court at around 15:30, under the request for a provisional detention. The court ordered the first round detention for twelve days. The relatives of the accused have filed a request for bail, even way before the sentencing of the court, but were denied due to 'out of office hours'. 
 
August 22th, 2016
 
Prachatai reported that Thanadet Puangpool, a lawyer from United Lawyers For Rights & Liberty, has visitted the Bangkok Military Court requesting a bail for the accused by submitting 100,000 Baht each, 1.5 million Baht in total as a guarantee. The relatives of the accused have also come with cash and properties as bails. Though the court has consequently granted bail access but some of the relatives cannot gather the money in time of office hours and were then postponed to the next day.
 
August 23th, 2016
 
Thanadet, the lawyer, has come once again with a 1 million Baht land title and 500,000 cash as bail. The Bangkok Military Court has granted bail access for all the accused. All fifteen of them were later released from imprisonment in the evening.
 
Meanwhile in the afternoon, the Bangkok Military Court has investigated and revoked the warrants of both Pol.Sub-Lt. Wilaiwan and Pol.Lt. Samai who were arrested earlier and later released.
 
7 March 2017, 
 
The military prosecutor schduled to hear the prosecution order. The lawyers and all 17 accused meet with the military prosecutor at Department of Judge Advocate. However, the military prosecutor saw that there was not enough fact to issue any order and made a new appointment to hear the order again.
 
24 May 2017,
 
Winyat Chatmontri, the lawyer in this case, posted on his personal Facebook account that lawyers and 15 accused reported to the military prosecutor to hear the prosecution order. The military prosecutor considered the case that submitted by police from Crime Suppression Division under the charges of being a member of secret society and political gathering of up to 5 persons without permission from NCPO.
 
After considering all the eveidence, the military prosecuto issued a non prosecution order for the 15 accused becase there is not enough evidence and ordered to released all accused individuals. However, the non prosecution order must be submitted to the Police Chief or Deputy Police Chief to be reconsidered according to Section 145/1 of Criminal Procedure Code.
 
The non prosecution order in this case effect the charges against Pol.Sub-Lt. Wilaiwan and Pol.Lt. Samai who were prosecuted for providing shelters to criminals. The charges against those two will also be dropped. Later, police officer withdrew the arrest warrant.
 
 

Verdict

No information

Other Cases

  • Important Case

Teepakorn: Sharing YouTube video and criticizing the monarchy on Facebook

  • Cases, Computer Crime Act, Section 112
  • Important Case

Nut: Wore crop top at Siam Paragon

  • Cases, Section 112
  • Important Case

Tepha: Defying public assembly act(2nd case)

  • Cases, Public Assembly Act