THAILAND: January 2015 — Hearing schedule of five cases assisted by TLHR

A Statement from the Thai Lawyers for Human Rights forwarded by the Asian Human Rights Commission

During the latter half of January 2015, there are five cases handled by the Thai Lawyers for Human Rights (TLHR) to go on trial including;

  1. PDRC demonstration site bombing in Trat province (Black Case no. O1213/2557, Trat Provincial Court)

Prosecution witness examination will take place from 20 – 23 and 27 – 30 January 2015 from 9.00 – 16.00 at the Trat Provincial Court. 31 individuals are scheduled to give their evidence.

In this case, on 22 February 2014, there was a bombing at a demonstration site of the People’s Democratic Reform Committee (PDRC) in Trat province. In May 2014, military authorities invoked Martial Law to arrest Mr. Somsak (last name withheld) and Mr. Watchara (last name withheld). In July another Somsak (last name withheld) was arrested, altogether three suspects. All of them were held in custody invoking Martial Law. The last Somsak was held in custody invoking Martial Law for as long as 26 days. None was given access to their relatives or to have any visit by their confidante. Later, the three suspects were brought to the police officials at Khao Saming Police Station, Trat province, and they were then indicted with the Trat Provincial Court as the Black Case no. O1213/2557 for premeditated murder and for illegal possession of explosive material.

The three accused pleaded no guilty to the charges and expressed their intention to fight the charge. They claimed to have been subject to torture and being forced to make confession while being held in custody invoking Martial Law.

  1. The case against Mr. Sirabhop Kornarut for violation of Article 112 of the Penal Code and the Cyber Crime Act

Pretrial discovery on 21 January 2015, 8.30, at the Bangkok Military Court, in the Black Case no. 83K /2557

An online poet, Sirabhop Kornarut is also known as “Rung Sila”. On 1 June 2014, the National Council for Peace and Order (NCPO) issued the NCPO Order no. 44/2557 summoning individuals to report themselves including Sirabhop Kornarut who was listed on the 22nd. He failed to turn himself in and was arrested and then held in custody at the 1stMilitary Circle invoking Martial Law and was then brought to be pressed with charges by the police.

The Judge Advocate indicted him with the Military Court on 24 September 2014 for defaming, insulting or threatening the King and for inputting illegal data into the computer system. He pleaded not guilty to the charges, but was denied bail.

  1. The case against Mr. Sirabhop Kornarut for failing to turn himself in

The Military Court has been asked to decide if the constitutionality of the legal provision invoked in this case should be referred to the consideration of the Constitutional Court or not and the witness examination shall take place on 22 January 2015, 8.30 น, at the Bangkok Military Court in the Black Case no. 40K/2557.

An online poet, Sirabhop Kornarut is also known as “Rung Sila”. On 1 June 2014, the National Council for Peace and Order (NCPO) issued the NCPO Order no. 44/2557 summoning individuals to report themselves including Sirabhop Kornarut who was listed on the 22nd. He failed to turn himself in and was arrested and then held in custody at the 1stMilitary Circle invoking Martial Law and was then brought to be pressed with charges by the police including violation against Article 112.

The Judge Advocate indicted him with the Military Court on 15 August 2014 for disobeying the order of the NCPO. He pleaded not guilty to the charge. On 10 November 2014, he challenged with the Court that the NCPO Announcement no. 37/2557 for all civilians to be tried in the Military Court and the Act on the Organization of Military Court are not constitutional as far as the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 (2014) and the International Covenant on Civil and Political Rights (ICCPR) are concerned

  1. The case against Mr. Sombat Boonngamanong, aka “Bor Kor Lai Jud” on violation against Article 116 of the Penal Code (sedition) and Cyber Crime Act

The Military Court has been asked to decide if the constitutionality of the legal provision invoked in this case should be referred to the consideration of the Constitutional Court or not and the pretrial discovery shall take place on 23 January 2015, 8.30 น, at the Bangkok Military Court in the Black Case no. 24K/2557.

A social activist, Sombat was acting in defiance of the coup since it was staged on 24 May 2014. The NCPO issued the Order no. 3/2557 summoning the presence of individuals including Sombat who was listed as the 60th in the list, but he failed to turn himself in as requested. He continued to post in his facebook and twitter accounts to oppose the coup and invite people to act symbolically against the coup. He was later nabbed and held in custody invoking Martial Law and was brought to be pressed with charges by the police including his failure to report himself.

The Judge Advocate indicted him with the Military Court on 29 July 2014 for violation of Article 116 of the Penal Code and the Cyber Crime Act by inciting sedition using computer network. The accused pleaded not guilty to all charges and on 25 November 2014, he challenged with the Court that the NCPO Announcement no. 37/2557 for all civilians to be tried in the Military Court and the Act on the Organization of Military Court are not constitutional as far as the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 (2014) and the International Covenant on Civil and Political Rights (ICCPR) are concerned

  1. The case against Mr. Sombat Boonngamanong, aka “Bor Kor Lai Jud” for failure to turn oneself in and for violation of Article 368 of the Criminal Procedure Code

Prosecution witness examination will take place on 26 January 2015, 9.00, at the Chonburi Municipal Court for failure to report oneself as summoned and for disobeying an order of the competent officials (Criminal Procedure Code’s Article 368). Since the accused had been indicted with the Dusit Municipality Court in the Black Case no.O1515/2557 and since military officials who conducted the arrest in Chonburi is cited as a witness, the Dusit Municipality Court has decided to refer the examination of the witness to the Chonburi Municipality Court on the aforementioned date.

A social activist, Sombat was acting in defiance of the coup since it was staged on 24 May 2014. The NCPO issued the Order no. 3/2557 summoning the presence of individuals including Sombat who was listed as the 60th in the list, but he failed to turn himself in as requested. He continued to post in his facebook and twitter accounts to oppose the coup and invite people to act symbolically against the coup. He was later nabbed and held in custody invoking Martial Law and was brought to be pressed with charges by the police including his failure to report himself.

The prosecutor indicted him with the Dusit Municipality Court on 10 July 2014 for failure to report himself as requested by the NCPO and for disobeying the order of a competent official and the Criminal Procedure Code’s Article 368 in the Black Case no. O1515/2557 at Dusit Municipality Court. The accused has pleaded not guilty to the charge.