Case

Case name

Triumph labor union assembly

Disorderly assembly

Name of persons / Name of Media

Boonrod Saiwong

Status of Accused

Dismissed

Offense / order

Article 215 Criminal Code

Name of persons / Name of Media	Status of Accused
Soonthorn Boonyod	Dismissed
Jittra Cotchadet	Dismissed

Summary

After the factory laid off a large number of workers. Triumph International Labour Union (Thailand) and the workers gathering at the Parliament House on 27 August 2009 to call for support from the Prime Minister. Neither the Prime Minister nor the government responsed to the workers. The authorities also used the LRAD machine to push the protesters away. Later on 3 of the workers leaders were charged with section 215 and 216 of the Penal Code.

Basic information

Background of accused

The first accused Boonrod Saiwong, secretary of the Triumph Labour Union (aged 34 when charged)

The second accused Sunthon Boonyod, staff of the Central Labour Assembly (aged 50 when charged)

The third accused Jitra Cotshadet, advisor of Triumph Labour Union (aged 37 when charged)

Jitra was elected as a secretary of Triumph International Labour Union (Thailand) in 2006.

On 24 April 2008, Jitra was on air in a television show to discuss about abortion. On that day she wore a campaign t-shirt “Not standing is not a crime, those who think different are not a criminal” to support Chotisak Onsoong who refuse to stand for the royal anthem in the theater.

On 28 April 2008, Manager online published the news said that Jitra was part of anti-Council of National Security network and a close alliance of the Democratic Alliance Against Dictatorship (DAAD). Manager also called its readers to ban Triumph’s products. As a consequence, her employer requested the labour court to grant a permission to dismiss Jitra as she disrupted harmony of the society as well as damaged reputation of the company.

On 8 July 2008, the court approved the dismissal of Jitra, stated that her action was against spirit of the nation. After the dismissal, Triumph’s workers gathered to protest against the court’s decision. Jitra became advisor of the union after she was fired from the company.

On 6 March 2011, while Prime Minister Abhisit Vejjajiva participated in a ceremony to commemorate 100 anniversary of International Women Day in Thammasat University, Jitra and her colleagues show a motto “He’s merely good at talking.” in the audithorium. This motto became famous among the anti-Abhisit groups later on.

Complainant / Plaintiff

Chukiet Chalotorn, the public prosecutor of the Office of Attorney General, Special Attorney General Office on Criminal Suit

Legal Claims

Disorderly assembly

Form of restriction on freedom

Charge filed
Type of media

Other
Province

Bangkok
Court

Criminal Court
Black case

คำอธิบายคดีดำ ภาษาอังกฤษ

No: อ.620/2554 Date: 2011-01-27
Arrest warrant

2494/2552 และ 2495/2552

Details of offence according to charge

27 August 2009

Triumph International Labour Union (Thailand), Electronics and Mechanics Labour Union (part of Anion Mechanics Company (Thailand)), workers from World Well Garment together with labour organizations and peoples marched to the Government House and the Parliament House. Purpose of the march is to follow up how the government solving the problem where Body Fashion (producer of Triumph underwear) dismissed a large number of Triumph workers. It need to noted that Triumph workers already handed a letter to the Prime Minister earlier. However, on that day none of the represent from the government came to talk to the workers. Moreover, police from Samranrath station also used the Long Range Acoustic Device against the protesters to drove them away.

Later on the police issued an arrest warrants against 3 leaders of the protester Boonrod Saiwong, Sunthon Boonyod and Jitra Cotshadet. All of them were charged with being assembled together do or threaten to do an act of violence or do anything to cause a breach of the peace under section 215 and 216 of the Penal Code and with walk in files or processions in the manner that obstructs the land traffic under section 108 of the Land Traffic Act B.E. 2522 (1979)

Circumstance of arrest

18 November 2009

Boonrod and Jitra denied all the charges and requested a bail. Dr. Pitch Pongsawat, a lecturer from faculty of Political Science and Dr. SudaRangkupan, a lecturer from Faculty of Arts, Chulalongkorn University offered their position as bail guarantee. At the same time, a hundred of the Triumph International Labour Union members gathered at the police station to show their support.

Progress of case

Body Fashion (Thailand) Company Limited is representative of a German Corporate who produce and distribute underwear and swimwear under the brand Triumph, Valinsere, Sloggi, Amo and Hom in Thailand.

29 June 2009

1959 employees of the company were send to the company's head quater in Bitec, Bangna where the dismissal letters were distribute.
A text in the letters stated that there is a need to restructure the organization as well as downsizing labour force at Bagple factory due to the global economic crisis. The company need to make an adjustment in order to face the difficulty.
The labour union felt that the company did not act in accordant with the law which state that the employer need to announce about the dismissal at least 60 days in advance while the company on the other hand argued that the dismissal will effect after 27 August 2009 therefore the announce was made 60 days in advance according to the law. The employees don’t need to come to work but will received the payment up to the mentioned date.

9 July 2009

200 women workers led by Boonrod Saiwong, secretary of Triumph International Labour Union (Thailand) handed a letter to Pathom Petchmanee, chief of labour protection and welfare office, Samut Prakan to call for its support. The workers urge the Department of Labour Protection and Welfare to oversee this unjust dismissal as well as to see the case where the company qualified Thai Labour Standard but failed to uphold the right of labour union.

13 July 2009

Workers led by Triumph International Labour Union (Thailand) marched to the Board of Investment (Thailand) on Viphavadee Rangsit road, the workers request BOI to enclose the information about the investment promotion scheme that BOI offer to the Body Fashion. The workers also urge the BOI to put a pressure on the company by announce that it would withdraw an investment promotion scheme if the company refuse to call back the workers.

24 July 2009

2000 workers gather at Ratchadamri road and walk the Embassy of Switzerland, after arrived at the embassy the workers set up a blockade on the road in front of the embassy. The workers call on the embassy to provide aid to the workers who were dismiss as headquarter of the company located in Switzerland. However, none of the embassy staff came out to meet the workers, as a result the workers burn the letter in front of the embassy before disassembled.

6 August 2009

Workers led by Triumph International Labour Union (Thailand) gather at the Government House to handed a letter to Prime Minister Abhisit Vejjajiva. In a letter, the workers propose 6 points that the government and the company should follow

1. The company must revoke its dismissal order, call back all the workers and it need to act in accordant with the Labour Relations Act B.E. 2518 (1975)
2. The company and the government must pay welfare and salaries to the workers who were dismiss until the conflict between workers and the company reach a conclusion. Any resolution shall be seek by a formal discussion with the labour union only.
3. The government need to ensure all workers that the company will not dismiss workers and will not apply section 75 of the Labour Protection Act B.E. 2541 against the workers.
4. The government must reject neo-liberal policies such as sub-contract policy, or cheap labour policy. Moreover it shall not enter in any Free Trade Agreement that not allow the establishment of labour union as well as not recognized the right to strike.
5. The government must promote the establishment of labour union in all factories that are in the investment promoting scheme of BOI and in the factories that qualified the Thai Labour Standards. The government should also exempt vat from people rather than exempt tax for the companies.
6. The government need to seek for a proper measure to support the workers who was subject to the informal debt as well as the workers whose payment and compensation were seize by the Legal Execution Department.

21 August 2009

30 workers led by the labour union gathered in front of Kien Nguan 2 building, Sarasin intersection, wireless road to handed a letter to the EU delegation to Thailand to investigate the acted of Triumph International and take a necessary measure to prevent the dismissal of 1959 workers. Later on the workers marched to other places to struggle for their rights such as to the embassy of Germany and the Embassy of the Philippines.
After this activity the workers also extend their struggle aboard. The workers travel to head quarter of the company in Hong Kong as well as launched a campaign in 6 European countries including Switzerland, Germany, the Netherland, Belgium, Austria and Denmark.

27 August 2009

Workers led by Triumph International Labours Union, Electronics and Mechanics Labour Union (part of Anion Mechanics Company (Thailand)), workers from World Well Garment together with other labour organizations gathered to follow up the progress of the case as the workers handed a letter to the Prime Minister on 6 August 2009 but there was no positive development. (It need to noted that 27 August is the date that the workers will be out of contract according to an announcement of the company.) Around 9 a.m. the protesters gathered in front of Phisanulok Mansion (the official resident of Prime Minister) and marched to the Government House. However, none of the government representative come to take a letter from the protesters. The protesters marched to the Parliament House but the same scenario repeated. The protesters therefore stop and settle in front of the Parliament House without an attempt to trespass in to the Parliament House. Nevertheless the polices under supervision of Pol. Maj. Gen. Wichai Sangprapai chief of the Metropolitan Police Bureau division 1 used the Long Range Acoustic Device(LRAD) against the protesters with an attempt to force the protesters to disintegrate without inform the protesters in advance which cause injure to many protesters.
After communicated to the official Jitra request the police to stop the machine and announced that represents of the protesters were allow to enter the Parliament House to meet with Wittaya Buranasiri, the opposition whip. The police turned off the machine and the represents of the protesters met with Wittaya Buranasiri as well as met with the Minister of Labour. The conversation between the two sides went in a positive direction, the protesters decided to disassembled.

28 August 2009

Pol. Lt. Gen. Worapong Chewapricha, Bangkok Metropolitan Police Chief stated that Dusit Police Station issued an arrest warrant against Boonrod Saiwong (age 33), Sunthon Boonyod (age 50) and Jitra Cotshadet (age 34) with the charge of 10 persons upwards being assembled together do or threaten to do an act of violence or do anything to cause a breach of the peace and leading or managing the assembled to do an act of violence or do anything to cause a breach of the peace. The charge was filed after the three persons lead the demonstration where the protesters created a blockade after had been inform that the Prime Minister cannot come to meet them as he was busy. The blockade did cause a problem to the ordinary people as well as those who need to visit the parliament.

3 September 2009

The protesters from various organizations such as the Thai Labour Solidarity Committee, Student Federation of Thailand, Triumph International Labour Union (Thailand), the Electronics and Mechanics Labour Union (part of Anion Mechanics Company (Thailand)), World Well Garment gathered in front of the Royal Thai Police Headquarter and demand the police to withdraw an arrest warrant against the three leaders as well as call for an investigation of the case that the police used an LRAD against the protesters without a notice in advance. Most of the protesters in this activity dressed in black.
The Student Federation of Thailand issued a statement condemn the violation of human rights committed by the police and call on the government to discharge the leaders as well as to stop using any device against the peoples who assembled peacefully. The Student Federation of Thailand also urge the government to comply with demands of the Triumph workers.

5 September 2009

150 academies and activists issued a joint statement condemn an arrest warrant of the three leaders, stated that an arrest warrant was an evidence of human rights violation and it was clearly disproportionate. The statement also urge the National Human Rights Commission to investigate on this matter.

16 September 2009

Human Rights Counselor Network issued a statement call the police to immediately withdraw an arrest warrant and urge all stakeholders to consider the fact that the protesters conducted their activity peacefully in accordant with the law. The statement also urge the Royal Thai Police to investigate the negative consequences of LRAD as well as call the Royal Thai Police to stop using the mentioned device.

13 October 2009

Workers who camped in front of the factory in side Bang Ple Industrial Estate traveled to office of Democrat Party with an aim to handing a letter to Prime Minister Abhisit Vejjajiva however, the meeting never take place. The workers left the party’s office and move to the Ministry of Labour with an aim to meet with Prithun Kheawthong Minister of Labour but the minister was not in the office. The workers therefore handed a letter to Arthit Isaramo, deputy director general of the Department of Labour Protection and Welfare. After handed a letter the protesters settled a camp at the basement of the ministry building to wait until the authorities solved their problem.

Late October 2009

Workers who settle at the basement of the ministry building introduced their own produced underwear under the band Try Arm to show that they were skilled labour who not deserved to be dismiss. The workers settled and produced the underwear at the ministry’s basement for 4 month before move out to start Try Arm factory.

20 October 2009

Counselor from the Human Rights Counselor Network raised the motion requested the court to withdraw an arrest warrant. The accusers and counselors wait for the court to rule out until 2 pm. The court dismiss the motion and stated that there was no reason to withdraw an arrest warrant.

18 November 2009

Boonrod Saiwong, secretary of Triumph International Labour Union (Thailand) and Jitra Cotshadet advisor of the union surrender themselves to police after they became subject to an arrest warrant at Dusit Metropolitant Police Station. Both were companied with Somporn Musika a lawyer from the Lawyers Council of Thailand . Pol.Maj.Gen. Wichai Sangprapai chief of the Metropolitan Police Bureau division 1 and Police Colonel Weerawitch Janjaroen deputy chief of the Metropolitan Police Bureau division 1 were the officers who accepted their surrender. Boonrod and Jitra denied all the charges and request a bail. Dr. Pitch Pongsawat lecturer from faculty of Political Science and Dr. SudaRangkupan lecturer from Faculty of Arts, Chulalongkorn University offer their position as bail guarantee. At the same time a hundred of the Triumph International Labour Union members gather at the police station to show their support.

25 January 2010

The polices from Dusit Police Station filed a complaint to the prosecutor where the prosecutor stated that the prosecution order will be announce on 23 February 2010.

23 February 2010

The prosecutor prepared to file the charge. However, Jitra and Boonrod request the prosecutor to postpone the report date as they are not ready to gather necessary documents for bail themselves out. Both accusers request to postpone their reporting date to 15 March 2010.

15 March 2010

The Accusers request the prosecutor to postpone a prosecution because the accusers could not gather a necessary documents for bail themselves out on time. Moreover, the police had arrested more accused in the same case therefore the prosecutor should filed a prosecution order in the same day. The prosecutor agreed to postpone the procedure until 27 April 2010.

27 January 2011

The prosecutor filed a prosecution order against Boonrod Saiwong, former secretary of the Triumph Labour Union, Sunthon Boonyod, staff of the Central Labour Assembly and Jitra Cotshadet, adviser of Triumph Labour Union under section 285 and 286 of the penal code but dismiss the charge under section 108 of the Land Transportation Act, B.E. 2522 (1979) because the charge was precluded by prescription.

The accusers were detain at the Criminal Court. At 16.25 pm the accusers were grant on bail. Each accusers need to deposit cash in a sum of 200,000 bath as an assurance. Dr. Suda Rangkupan lecturer from Faculty of Arts, Chulalongkorn University offer her position as bail guarantee for Boonrod and Jitra while Suchart Lainamngen M.P. from Pue Thai Party offer his position as bail guarantee for Sunthon Boonyod.

29 March 2011

The accusers came to the Criminal Court discuss about the trial at the court. A representative from the embassy of Switzerland and Investment and Trade Commissioner of the embassy of Belgium Daniel De Waegh also presented in the court room as a monitor. The court scheduled the date for an examination of the witness for the prosecution on 15-16 November 2011 while the examination of the witness for the defence will be conduct from 16-22 November 2011

15 November 2011

Due to the flood in Bangkok the Criminal Court had to close down and postpone all the hearing

22 November 2011

The criminal court re operate. Boonrod Saiwong and Jitra Cotshadet presented at the court while Sunthon Boonyod informed the court that he could not came to the court as his house was effected by flood. The court therefore ask the prosecutor and the defendants to reschedule the examination of the witness for the prosecution

25 July 2012

Special Rapporteur on the promotion and protection of the right to freedom of

opinion and expression; the Special Rapporteur on the rights to freedom of peaceful assembly and of association; and the Special Rapporteur on the situation of human rights defenders issued a letter of concern on this case.

Serious concerns are expressed that the charges against three sefendants may be linked to the exercise of their rights to freedom of peaceful assembly, opinion and expression. Further concerns are expressed about the use of Long Range Acoustic Devices. The letter wish to

recall article 19 and 21 of the International Covenant on Civil and Political Rights (ICCPR) and to recall the fundamental principles set forth in the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, and in particular articles 1 and 2.

Moreover, to seek to clarify all cases they ask Thai Government for the cooperation and observations on the facts of the case, the legal basis of the charges and how these

measures are compatible with international human rights norms, how the use of Long Range Acoustic Devices is neither disproportionate, nor indiscriminate in the present case.

And they also urged Thai government to take all necessary measures to guarantee that the rights and freedoms of Ms. Jittra Kotchadej, Ms. Boonrod Paiwong, and Mr. Soonthorn Boonyord are respected.

23-24 August 2012

The examination of the witnesses for the prosecution

28-29 August 2012

The examination of the witnesses for the prosecution

28-30 May 2013

The examination of the witnesses for the defendants

Reference

2 Triumph's leaders granted on bail. Academia from Political Science Chulalongkorn use his possition to bailed out. Prachatai 19 November 2009 (access on 21 August 2012)

Tewarit Maneechay. Dismissed 1959 Triumph workers. "Were workers really not understand the employer?". Prachatai 9 July 2009 (access on 21 August 2012)

Citizen Journalist: Triumph workers urge the authority to inform Triumph company to respect the Thai Labour Standard as well as to repect the Labour Relation Act B.E. 2518. Prachatai 9 July 2009 (access on 21 August 2012)

Citizen Journalist: Triumph's Labour Union handed a letter to EU call for the investigation of labour rights violation. Prachatai 22 August 2009 (access on 21 August 2012)

Citizen Journalost: Abhisit overlook Triumph, Anion and World Well protest. Police used the LRAD to drove the protesters out. Prachatai 29 August 2009 (access on 21 August 2012)