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Case
Stared

Case name
My Dear Election
Disorderly assembly
Defying NCPO order 7/2014
Name of persons / Name of Media
Anon Nampa
Case status
คำอธิบายสถานะคดี ภาษาอังกฤษ
Other
Status of Accused
Withdraw an accusation / Strike the case out of the case-list
Offense / order
Defying NCPO order 7/2014
Name of persons / Name of Media | Status of Accused |
---|---|
Pansak Srithep | Withdraw an accusation / Strike the case out of the case-list |
Wannakiat Choosuwan | Withdraw an accusation / Strike the case out of the case-list |
Siravich Sereethivat | Withdraw an accusation / Strike the case out of the case-list |
Summary
Anon, Pansak, Wannakiat and Siravich participated in a symbolic activity, "My Dear Election", in front of the Bangkok Art and Cultural Center on 14 February 2015. Later they were arrested and charged with defying the NCPO Announcement that prohibitted the gathering of more than five people for political purpose.
Basic information
Background of accused
Anon Nampa
Anon holds a Bachelor of Laws from Ramkhamhaeng University. He has join civic movements since he was a university student.
While practicing law, Anon conducted many human rights cases such as a case for villagers protested against a coal factory in Prachuap Khiri Khan Province, a case for villagers protested against gas pipelines in Chana District, Songkhla Province, and many other cases for rallies.
Furthermore, Anon has also defended political cases and Article 112 cases, notably Uncle SMS case.
After the 22 May 2014 Coup, Anon was one of the Thai Lawyers of Human Rights Center (TLHR) lawyers. He has defended many political cases such as Siraphop’s defying NCPO order and Lèse-majesté cases.
Pansak Srithep
Pansak holds a Bachelor of Science, from the Department of Recreation, Srinakharinwirot University. He is now a taxi driver.
Pansak started working for a non-governmental organization (NGO). He was a staff for a children development foundation. Later he became a staff for the Information Division in an agricultural-based company for 10 years, before he resigned and worked for a NGO again.
Pansak had a son, named Sher or Samapan Srithep. He was 17 years old when he was killed during 2010 Thai military crackdown.
After his son’s death, Pansak has organized activities seeking justice for his son and other 2010 crackdown’s victims. Pansak has also organized activities demanding justice for many defendants and their political cases, activities such as “Sher...Don’t Forget Me”, “Symbolic Burning of the Legal Textbooks” demanding for the Article 112 prisoners’ justice, and a demonstration against Pheu Thai party’s Amnesty Bill.
Wannakiat Choosuwan
He is a taxi driver, and has been involved with political and social movement since 1997. Wannakiat has joined activities such as protesting the Libyan Leader and Arab World in front of United Nations (UN) Thailand. He also joined Student Federation of Thailand’s (SFT) activities, wearing the mask of Uncle SMS, and observing a 112-minute moment of silence for justice system in front of the Criminal Court.
Siravich Sereethivat
He is a Thammasat University student, a member of Dome Front Agora, and a member of Thai Student Center for Democracy (TSCD).
Col. Burin Thongprapai
Legal Claims
Disorderly assembly, Others (Defying NCPO Announcement NO 7/2014)
-
Form of restriction on freedom
Charge filed
-
Type of media
Public Assembly
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Province
Bangkok
-
Court
Bangkok Military Court
-
Black case
คำอธิบายคดีดำ ภาษาอังกฤษ
Court: ศาลชั้นต้น No: 164 ก./2558
Circumstance of arrest
At around 4.00 pm, uniformed and plain-clothed personnel arrested Siravich, who was participating “My Dear Election” activity. They brought him inside the Bangkok Art and Cultural Center, then took him to Pathumwan Police Station by a TukTuk.
Later on Anon and Pansak who were the organizers, and Wannakiet, a volunteer, were all taken to Pathumwan Police Station.
Progress of case
14 February 2015
Resistant Citizen Group organized “My Dear Election” activity in front of the Bangkok Art and Cultural Center at 4.00 pm. The activity had been updated on the Group’s Facebook gradually. The personnel had taken control the area since the afternoon.
At around 4.00 pm. After the activity had been started for a while, Siravich was detained inside the Bangkok Art and Cultural Center by uniformed and plain-clothed personnel. Then he was taken to Pathumwan Police Station by a TukTuk.
At first, Siravich was charged with causing disturbance, and was fined 100 Baht. However, Siravich was not released.
At around 6.00 pm, after the activity was finished, Anon and Pansak, the organizers and Wannakiet, a volunteer, were all taken to Pathumwan Police Station.
Anon, Pansak and Wannakiet were detained in an interrogation room, along with Siravich, who had been arrested before. Later that night, Col. BurinThongprapai, Staff Judge Advocate (SJA), arrived at Pathumwan Police Station. He discussed with police officers in the Investigation Inspector’s room.
After the discussion, the police officers informed 4 activists that Col. Burin filed charges against all 4 for defying the NCPO announcement no 7/2014 that prohibiting the political gathering more than 5 people.
While Anon, Pansak, Wannakiet and Siravich were kept in the interrogation room, there were a group of students and people gathered in front of the Police Station to encourage them. All this time, Anon and Pansak kept updating the situation in the interrogation room on their Facebook.
The 4 accused were detained overnight. Until almost 3.00 am, the police officers granted provisional release to all the 4. Anon used his legal profession to bail himself out, both Pansak and Wannakiet were released upon their 20,000 Baht bail. The 3 were released without any condition. But Siravich submitted a 40,000 Baht bail because he was charged additionally with the violation of the memorandum of understanding (MOU) not to get involved politically. All 4 had to report to the Police Station on 16 March 2015.
4 March 2015
At Pathumwan Police Station. Anon Nampa, one of the accused, was informed the charge under Section 14 (2) of the 2007 Computer Crimes Act (CCA) for posting 5 messages on Facebook accusing the Army of intervening the Police’s duties. It occurred during he was detained in the interrogation room on 14 February. Col. Burin Thongprapai filed this charge against him.
12 March 2015
Anon, Pansak, Wannakiet and Siravich handed an open letter to the Chief Justice of the Supreme Court via the Criminal Court for demanding the Chief and the officials of Judiciary to stand for their judicially power and criminal legal procedure, whose power enable them to try civilians and to reject military court’s power over civilian cases.
14 March 2015
Khaosod Online reported that around 07.00 am, Pansak started walking from his home in Bang Bua Thong District to the Memorial of Nuamthong Praiwan, who committed suicide because his disappointment towards the 2006 Coup, at the flyover in front of the headquarter of Thai Rath newspaper.
At around 08.30 am, after had been walking for 5 kilometers, Pansak was arrested by the police from Bang Bua Thong Police Station and was taken to Pathumwan Police Station by a van.
At 09.10 am, the police escorted Pansak to Pathumwan Police Station. Pol.Lt.Gen. Amnuay Nimmano, Commissioner of Provincial Police Region 1 met Pansak as well.
Pol.Lt.Gen. Amnuay added that the walking was politically influenced, because there had been schedules announced on social media. This activity in front of the headquarter of Thai Rath newspaper had not been approved by the National Council for Peace and Order (NCPO). It was concerned that the activity would cause unrest in the society, so it had to be stopped.
At noon, Thai Student Center for Democracy (TSCD) started walking from Thammasat University, Tha Prachan Campus, to visit Pansak at Pathumwan Metro Police Station and to demand justice.
At around 4.00 pm, Pansak was released. Pawinee Chumsri, a TLHR lawyer informed the reason that Bang Bua Thong Police arrested Pansak was because there was a misunderstanding about the condition of the 14 February release. But there was no condition and Pansak didn’t escape. Then Pathumwan Metro Police Station released him without any charge.
15 March 2015
Prachatai reported that at 09.00 am, Pansak started activity “March for Justice” by reading poems and laying flowers and wreaths on the spot where Sher was shot dead. Then he walked on to lay flowers and wreaths at the Memorial of the Revolution and carried on to Thammasat University to lay flowers and wreaths at 6 October 1976 Massacre Memorial and at Pridi Banomyong Monument.
16 March 2015
At 07.00 am, Pansak, Anon, Wannakiet and Siravich started walking from Thammasat University to Panfa Leelard Pier and took the Khlong Saen Saep express boat service to Wat Pathum Wanaram, where a volunteer nurse, Kamonked Akhad, and other 5 victims were shot dead during the 2010 Thai military crackdown. Flowers were laid to commemorate the deceased.
Later, the 4 walked on to the Bangkok Art and Culture Centre, and made a statement about the activity they set up on 14 February 2015 that led to their arrests. They then walked to Pathumwan Police Station at around 10.00 am.
Manager Online reported that around 2.00 pm, at the Bangkok Military Court, an inquiry official from Pathumwan Police Station filed a charge against the 4 accused to the military prosecutor to consider the case. This was because the 4 defying the NCPO announcement no 7/2014, prohibiting political gathering more than 5 people, from the activity “My Dear Election”, which was held at the Bangkok Art and Cultural Centre on 14 February.
At around 5.30 pm, a group of students who made the campaign “No Civilians to be Tried by Military Court”, at Thammasat University, Tha Prachan Campus, walked to the Military Court to encourage the 4 defendants. They used megaphone to libel the Military Court’s duty. They criticized that the procedure in the Military Court wasn’t in line with the principles of the justice system, and told that civilians shouldn’t be tried by the Military Court.
The Army personnel at the Court closed the gates immediately.
At around 6.30 pm, the Military Prosecutor rejected the remand application, and reasoned that the 4 accused had a permanent residence and no absconding intended. The judges scheduled to hear the military prosecutor’s opinion on whether to file the charge on 27 March.
27 March 2015
At the Bangkok Military Court, the Military Prosecutor postponed the case order to 22 April, 10.00 am because the 4 accused wanted the inquiry official cross-examine 4 more witnesses, who were Nidhi Eoseewong, Chaiwat Satha-Anand, Somchai Preechasinlapakun, and Prapart Pintobtang.
22 April 2015
Schedule to hear the military prosecutor’s order
Matichon reported that the Court postponed the schedule again to 14 May 2015 because there were 4 witnesses to be cross-examined. So the Military Prosecutor had to postpone the scheduled.
14 May 2015
Schedule to hear the military prosecutor’s order
A TLHR lawyer informed that the judge advocate postponed the schedule again to 4 June 2015 because the inquiry official hadn’t cross-examined the academic witnesses yet.
4 June 2015
Hearing the military prosecutor order
The Military Prosecutor scheduled to read the prosecution order to the four who were accused in the “My Dear Election” case at 10.00 am. Wannakiet and Pansak arrived at the court around 9.40 am. Siravich arrived later around 10.30. Anon arrived the last around 11.00 am. The four waited for the military prosecutor in the prosecutor’s lobby.
Around 11.30 am, an officer told the four that the military prosecutor will read the order in the afternoon.
Around 14.00 pm, the military prosecutor read the prosecution order which can be summarized as follow,
All of the accused will be charge for defying the NCPO announcement no 7/2014 (prohibiting political gatherings of more than five people) as they organized an activity "My Dear Election" at the BACC even they were awared of the NCPO announcement no 7/2557.
As for Pansak who was accused seperately in another case with the Section 116 of the Criminal Code (sedition) as a result of his activity, “March for Justice”, the military prosecutor hasn’t filed a prosecution order yet but he told Pansak that the prosecution order will be filed on 19 June 2015.
After the military prosecutor filed a prosecution order official from the Correction Department escourted all defendants to the Bangkok Remand Prison. The defense lawyer submitted bail petition with 20,000 Baht deposit for each defendants.
Around 15.00 pm, the Military Court granted bail to all defendant with 10,000 Baht cash deposit. The court also prohibited all defendants from participating in all kind of demonstration.
Around 18.45 pm, The Resistance Citizen Facebook page reported that the 4 defendants were released from Bangkok Remand Prison.