| ช่วงเวลา Period | 1 – 31 ม.ค. 2558 1 – 31 Jan 2015 | 22 พ.ค. 2557 – 31 ม.ค. 2558 22 May 2014 – 31 Jan 2015 |
| คนที่ถูกประกาศเรียกทั้งหมด Number of individuals summoned | 10 | 669 persons |
| คนที่ถูกจับกุมทั้งหมด Number of individuals arrested | 14 | 376 persons |
| ผู้ถูกจับกุมจากการชุมนุมโดยสงบ Arrests at peaceful demonstrations | 0 | 136 persons |
| จำนวนบุคคลที่ถูกดำเนินคดีหลังถูกเรียกหรือถูกจับกุม Number of individuals facing criminal prosecution after summoned/arrested | 123 persons |
| ขึ้นศาลทหาร Before the military court | 90 persons |
| ขึ้นศาลพลเรือน Before the civilian court | 39 persons |
| บุคคลที่ถูกดำเนินคดีด้วยข้อหาหมิ่นประมาทกษัตริย์ฯ (ม.112) Individuals under investigation for lese majeste crime (section 112) | 32 persons |
Note: The numbers above are as much as iLaw is able to collect and verify. There could be more people being arrested/prosecuted and are not documented here.
Lèse majesté cases (Article 112): Seven more arrested
The filing of complaint, arrest and case updates
6 January 2015
A new suspect in lèse majesté case was arrested. Combined forced of police and military have made an arrest of Chayo, an administrative official in Muang District, Sa Kaeo Province. He was accused of sending messages deemed an insult to the King via Facebook chat. Later, he was brought back to his home for a search and his computers were seized. After being interrogated in a military camp in Bangkok, he was brought to a press conference about the legal action against him.
According to the police, the arrest of Chayo has resulted from another arrest against Pongsak, which took place on 30 December.
The officials believed that both Chayo and Pongsak have conspired to work as a gang. On 23 January 2015, Chayo was brought to the Sa Kaeo Military Court for custody filing.
7 January 2015
Air Chief Marshal Chansak Niwasabut, Vice Chief of Aide-de-Camp, has filed a complaint with the Crime Suppression Division against Gen. Sayan Khampiphan, the Chief of Aide-de-Camp on lèse majesté as a result of his being dismissed by the latter.
According to Air Chief Marshal Chansak, a removal of an official serving the royal family is subjected to the prerogative of His or Her Majesty only.
On the same day, inquiry official at the Chana Songkram Police Staiton, summoned two students from the Sapha Na Dome, Thammasat University, to meet including Mr. Pipat Krajaejan, their advisor. They were asked to give more information regarding a case filed against Sulak Sivaraksa who allegedly committed an insult against King Naresuan during a public discussion held at Thammasat University on 5 October 2014. The case has been reported to the police by some military officials on 16 October 2014.
12 January 2015
The Chiang Rai Military Court conducted witness examination on the case against Samak. The arresting police official gave evidence that while making the arrest, Samak behaved like an intoxicated person though he could not verify if Samak had any mental illness or not.
13 January 2015
Maj.Gen.Dr. Rianthong Naenna, founder of the Rubbish Collection Organization approached the Technology Crime Suppression Division (TCSD) to file a complaint against Mr. Surachai Sae Daan, core member of the “Red Siam” for defaming the King via internet.
21 January 2015
The Bangkok Military Court conducted a secret evidence examination session in a case against Siraphop. According to the defense lawyer, there shall be examinations of ten prosecution witnesses and three defense witnesses. As for the litigation strategy, the defendant shall try to prove that the messages he posted could not be deemed as offensive to the King.
25 January 2015
“Chaba”, an elderly woman, was nabbed from her home by many of armed military officials. She was accused of uploading on Youtube audio clips of “Banpodj” which are deemed offensive to the King and sharing them on her Facebook. “Chaba” was held in custody at the military camp since arrest and she was brought to the Bangkok Military Court to file her custody on 30 January 2015 and denied bail.
In addition to “Chaba”, it was reported that on the same day, about ten military officials in uniform and 4-5 DSI officials have made an arrest of a man known as Tara at the Victory Monument on the same charge. He was brought to the Bangkok Military Court to file his custody on 30 January 2015.
28 January 2015
It was reported that two suspects were arrested by armed military and police officials from their home in Sathupradit. It was later known that Paisit, the elder brother, was brought to a press conference on 2 February 2015, while his younger brother was released the afternoon of the arresting day.
Apart from Paisit, three more individuals have been brought to the press conference including Ngernkoon, Damrong and Siwaporn, who might have been arrested in January as well.
In January, at least seven more individuals being held in custody on lèse majesté charge as a result of their exercise of the right to express. In total, as of January 2015, at least 32 individuals being held on the lèse majesté charge.
Other updates: The government still clamps down on lèse majesté cases, two more individuals were arrested for false claims
7 January 2015
Panitan Wattanayagorn, Advisor to the Deputy Prime Minister, mentioned about an attempt to bring lèse majesté suspects to justice process claiming that it is necessary to help foreign countries to understand that the lèse majesté cases are not politically driven cases.
9 January 2015
Gen. Paiboon Kumchaya, Minister of Justice, presided over a meeting of security agencies including the Department of Special Investigation (DSI), Ministry of information and Communication Technology (MICT), Ministry of Foreign Affairs, and the Royal Thai Police to track down lèse majesté alleged offenders who are exiling in other countries.
According to Gen. Paiboon, there is not integrated information system among concerned agencies making their work less effective. It was agreed at the meeting that the PM shall establish a new taskforce center to ensure more efficient collaboration.
12 January 2015
After news has spread that the UN High Commissioner for Refugees (UNHCR) has given a refugee status to Ekkapob or “Tang Archeewa”, a group of Thai people bombarded the Facebook page with lots of messages and even threatened to stop making their monthly donation to the agency.
In addition, the “Anti-Amnesty” Facebook page carries a post urging people to post messages to attack the UNHCR page. As a result, on 11 January 2015, UNHCR Thailand had to post a message to explain that “This organization is a humanitarian organization and is not a politically affiliated”.
14 January 2015
The UN High Commissioner for Refugees (UNHCR) Thailand has decided to close its Facebook page after being attacked for giving a refugee status to Ekkapob or “Tang Archeewa”.
After it was known that the Facebook page was shut down, the V for Thailand Facebook page has posted a message exclaiming that the next step is to purge UNHCR from Thailand.
24 January 2015
Officials from the Crime Suppression Division brought Sommart, an alleged offender on lèse majesté and public fraud charges to file custody with the Military Court.
Sommart was arrested after claiming to be a nephew of Gen. Anupoing Paochinda and selling IPO shares to people. He even claimed to have connections with the monarchy. Initially, Sommart denies all charges.
On the same day, an arrest was made against Chotechuang, an irrigation official from Nong Khai Province. He was accused of claiming to have connections with the monarchy to gain his business favor.
30 January 2015
The Criminal Court convicted and sentenced Lt Gen Pongpat Chayapan and Maj Gen Kowit Wongrungroj on lèse majesté charge to five years, and it was reduced to two years and six months given their guilty pleading. Combined with other charges, both were sentenced to six years each.
Political cases after the coup: The Military Court refuses to ask the Constitutional Court to review constitutionality of jurisdiction of the Military Court over civilians
22 January 2015
The Bangkok Military Court conducted prosecution witness examination on the case against Siraphop for violating NCPO Announcement no. 41/2557. Prior to the commencement of the trial, the Court dismissed the request by the defendant to have the Military Court ask the Constitutional Court to review if the NCPO Announcements no. 37/2557 and 38/2557 could be in breach or violate the Interim Constitution’s Section 4. The Court simply claimed that it has jurisdiction over the case and that the Military Court has no power to ask the Constitutional Court to review a case.
Lt Col Burin Thongprapai, Judge Advocate, the first prosecution witness, gave evidence that he was designated to file a complaint against the accused since the defendant has failed to report himself as warranted for by the NCPO Accouchement within the specified period of time and has failed to report his reasons for the absence.
Lt Col Burin further said that he believes that general public must be informed of the summonses since they were broadcast via a variety of media, though he could not verify if the accused could have been informed of the order or not. During cross examination, the defense attorney asked Lt Col Burin which law has been invoked by the NCPO to summon people. Lt Col Burin replied that such an order has no legal basis, but it was issued invoking the sovereign power.
On the same day, the Dusit Municipal Court was to deliver a verdict on the case against Nut, a former convict on lèse majesté case for his violating the NCPO Announcement no. 41/2557. The Court sentenced him to two months in jail for the violation and added another 20 days since he had been imprisoned before on lèse majesté charge. Altogether, he was sentenced to two months and 20 days, and given his guilty pleading, it was reduced to one month and ten days.
After the verdict was delivered, Nut applied for bail placing 40,000 baht as the deposit, but the Court referred the application to the decision of the Appeals Court. Thus, Nut was brought to and held in custody in the Bangkok Remand Prison while awaiting the Appeals Court’s decision. On 26 January, he was released on bail.
23 January 2015
The Bangkok Military Court conducted a pretrial discovery session on the case against Sombat Boonngamanong for violating Article 116 (Sedition). Prior to the commencement of the trial, the Court dismissed the request by the accused to have the Military Court ask the Constitutional Court to review if the NCPO Announcements no. 37/2557 and 38/2557 could be in breach or violate the Interim Constitution’s Section 4. The Court simply claimed that it has jurisdiction over the case and that the Military Court has no power to ask the Constitutional Court to review a case.
After delivering the order, the Court had a discovery session with the parties. While the Judge Advocate asked to have 11 witnesses, the defense attorney asked for five witnesses. The first hearing shall take place on 10 March 2015.
Apart from the case against Sombat, on the same day, the Bangkok Military Court had witness examination in the case against Sombat K. and Panmanee for violating the ban against political gathering, for preventing officials from conducting their duties, and for damaging public properties. It was the witness examination of the arresting officials who were not present at the crime scene. Thus, the Court has rescheduled the hearing from late January 2015 to late March 2015.
26 January 2015
The Bangkok Military Court had a discovery session on the case against Worajet for violating the NCPO Announcement no. 41/2557. Prior to the commencement of the trial, the Court dismissed the request by the accused to have the Military Court ask the Constitutional Court to review if the NCPO Announcements no. 37/2557 and 38/2557 could be in breach or violate the Interim Constitution’s Section 4. The Court simply claimed that it has jurisdiction over the case and that the Military Court has no power to ask the Constitutional Court to review a case.
After delivering the order, the Court had a discovery session with the parties. While the Judge Advocate asked to have seven witnesses, the defense attorney asked for six witnesses. The first hearing shall take place on 26 May 2015 at 8.30am.
On the same day, the Dusit Municipal Court conducted a witness examination on the case against Sombat Boonngamanong for violating the NCPO Announcement no. 41/2557. Since the witness failed to show up as he was having an official duty in Chonburi and could not make a trip to Bangkok, the Dusit Municipal Court has ordered that his witness examination can take place at the Chonburi Municipal Court.
Maj Ekkasit Nongnut who made the arrest of Sombat gave evidence that he was instructed to nab persons who have failed to report themselves as requested by the NCPO. The operation was conducted with police officials and took place at 19.00 on 4 June 2014. After the arrest, Sombat was transferred to the custody of military the same day and then brought to the Military Club in Bangkok on 12 June 2014. Asked by the defense attorney if Sombat had been held in custody longer than the period specified in Martial Law or not, the witness said he had no idea about it. He just carried the instruction.
The next witness examination will take place on 2 March 2015 at the Dusit Municipal Court.
Summoning and arrests
Late January, NCPO summonsed more people as they have expressed their critical views toward the impeachment against Yingluck Shinawatra, former PM and for the visit to Thailand by a high ranking official from the US State Department.
27 January 2015
Singthong Buachum, a member of Phue Thai Party, had to report himself to the First Army Area Headquarters after he had held a press conference and posted in Facebook regarding the decision of the National Legislative Assembly (NLA) to impeach Yingluck Shinawatra, former PM.
29 January 2015
Dr. Cherdchai Tantisirin, former MP (party list) of the Phue Thai Party, has reported himself to the military at the Sri Patcharin Military Camp, Khon Kaen Province, after he had given an interview regarding the visit of the US Assistant Secretary of State for East Asian and Pacific Affairs to Thailand.
30 January 2015
Two military officials accompanied Pichai Naripthaphan, former Minister of Energy from his home and brought him for attitude adjustment at the First Army Area Headquarters after he had come out to comment on petrol issues. The invitation was carried out in polite manner.
On the same day, Nattawut Saikua has also turned himself in to the NCPO after he has posted a message on his Facebook criticizing the government. Nattawut has gone inside the Military Club in Thewet for one hour and then came out.
Apart from Nattawut, other prominent figures from the previous administration including Surapong Tovichakchaikul, former Minister of Foreign Affairs and Chaturon Chaisang, former Minister of Education, had to turn himself in at the First Army Area Headquarters for attitude adjustment as well.
30 January 2015, Worachai Hema, former MP of the Phue Thai Party, was asked to report himself to the First Army Area Headquarters. Since he lives in upcountry, he asked to come on 2 February instead. But on that day, he was informed that he needed not make the trip there, but the military officials would travel to his home and talk with him there.
Apart from the 7 prominent figures of the Phue Thai Party, it was reported that at least three Red Shirt activists have been either summoned to report themselves to the military or received a phone call from them.
In January 2015, at least ten individuals have been summoned by NCPO. Since the coup until the end of January 2015, at least 669 individuals have been summoned. It is need to note that 7 prominent figures of the Phue Thai Party were summoned by the NCPO earlier.
The arrests
According to the National Human Rights Commission (NHRC), three persons have been arrested and charged on violation against Article 116 of the Criminal Code (Sedition) on 6 January 2015 as they had given shelter to Pongsak, an alleged offender against Article 112.
9 January 2015, police from the Dusit Police Station made an arrest against two demonstrators who flashed their three fingers showing their support to Yingluck Shinawatra, former PM when she arrived at the Parliament to respond to the impeachment charge regarding the rice pledging scheme. They were released on the same day.
In January 2015, including nine individuals arrested and charged for violation against Article 112, there are 14 of them altogether. Since the coup until the end of January 2015, at least 376 individuals have been arrested on politically motivated charges.
Interference and banning public events
22 January 2015
The military approached the organizers of the theatrical performance “Bang Lamerd” informing them that permission must be sought prior to the start of the performance. There was some coordination and later they were allowed to proceed with their performance, though the military officials asked to see the performance and to videotape it as well.
25 January 2015
The military approached the organizers, the Descents of Phrae City, who organized “The Phrae Identities” event. They were asked to remove a handout which was a transcription of a public discussion on The Phrae Rebels. The military claimed that the term “rebel” was sensitive and not suitable for the present situation.
In fact, prior to the launch, the organizers have obtained permission and have submitted materials to be distributed to the military as per the requirements of NCPO already. Later, the military insisted that the organizers must remove the article “History of Localism: A review of the Ngeaw rebels in Phrae B.E. 2445 (1902)” claiming that the term “rebel” was sensitive and not suitable for the present situation.
29 January 2015
The Friedrich Ebert Stiftung (FES) was forced to cancel its launch of the “Asian Media Barometer 2014” as the NCPO has asked them to postpone the event. The military has approached the hotel (Vie Hotel) in the morning of the day to inform them that the event could not be held.
On the same day, Thai BBC Facebook carried an interview of Sunai Phasuk, Human Rights Watch advisor in Thailand, who mentioned that HRW shall simply release the report on the situation of human rights in Thailand online and there shall be no press conference since the political situation does not allow them to do so.
In January 2015, interference and blockade was committed against at least three public events. Since the coup until the end of January 2015, at least 45 public events have been subjected to either interference by the military or banned.
Other cases concerning freedom of expression
23 January 2015
Chutima Sidasathian, a reporter from Phuketwan, submitted a letter to the NCPO’s representative asking the Royal Thai Navy to withdraw a libel case and a case regarding the violation of the Cyber Crime Act against her at the Phuket. Part of the letter goes that this legal action is an act to stifle freedom of expression and the carrying out of duties by media. It yields no benefit to public.
27 January 2015
The Provincial Court of Ratchaburi convicted and sentenced five peasants to 10,000 baht fine each. It stemmed from the demonstration by peasants from various districts in the province on Rama II Rd. during 1-7 February 2014 to demand their money from the rice pledging scheme of the Yingluck Shinawatra government.
Given their guilty pleading, the fine was reduced to 5,000 baht each.
Note: Some soures that were cited in this article are available in Thai only.
