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Case
Case name
Charnvit: distributed leaflets at Nontaburi Pier.
Lèse-majesté
Name of persons / Name of Media
Charnvit
Case status
คำอธิบายสถานะคดี ภาษาอังกฤษ
On trial in Court of First Instance
Status of Accused
Sentenced to prison
Offense / order
Article 112 Criminal Code
Summary
Charnvit is a political activist and a former worker in a non-profit organization. In 2007, he was accused of Lèse Majesté after distributed leaflets - mentioned about individuals who had connection with the monarchy - at Nonburi pier. He was arrested again in 2015 on the allegation of an explosive at Criminal Court. He then was prosecuted under the old case.
Nontaburi Provincial Court sentenced himto 6 years in prison even tought he confessed.
Basic information
Background of accused
Charnvit was born in Khuan Khanun District, Pattalung Province in the south of Thailand. Charnvit is an active political activist who participated in many political incidences in his lifetime. On 1973, he studied Associated Medical Sciences at Chiang Mai University bu did not graduate because he joined the student movement. He was detained for 7 months after 6 October 1976 incident and after released he ran away. During the uprising on May 1992, he used to be detained at Klong Prem prosin for 3 days.
Legal Claims
Lèse-majesté
-
Form of restriction on freedom
Charge filed
-
Type of media
Other
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Province
Nonthaburi
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Court
Nontaburi Provincial Court
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Black case
คำอธิบายคดีดำ ภาษาอังกฤษ
No: 517/2551 Date: 2008-02-18 -
Arrest warrant
ถูกจับกุมเมื่อ on 2015-03-09
Details of offence according to charge
On 25 November 2007, Charnvit distributed leaflets at Nontaburi Pier during the public speech of former politicians of Thai Rak Thai Party. The leaflet was 5 page long, mentioned to at least 13 people in the Royal Institution and former politicians including Taksin and Prem. The content seems like a fortune pediction of astrology and an analysis of such people past behaviours.
According to the complaint submitted by the prosecutor on 18 February 2008, Charnvit was accused of committing an offense under Criminal Code Section 112 for 4 counts from distributing one leaflet.
Those 4 counts based on persons who afftected which are: 1) His Majesty the King Bhumibol Adulyadej 2) Her Majesty the Queen Sirikit 3) His Royal Highness Crown Prince Maha Vajiralongkorn as an Heir Apparent 4) Her Royal Highness Princess Maha Chakri Sirindhorn as an Heir Apparent
Circumstance of arrest
Charnvit was arrested on 9 March 2015 at the entrance of Soi Gingkaew, Bangplee. Before being arrested, Norapat or Bas told him to come and take some document at that place. After bein arrested, he knows that Bas was arrested by military officers before him and the Bas was forced to call him to be arrested.
Charnvit arrive the entrance of Soi Gingkaew around 7 p.m. A Forturner came close to him and 3 plaincloth army officers came out. Charnvit was handcuffed and blindfolded when taken away.
Officers siezed his belongings, for example, a bag, 3 mobile phones, a computer notebook, 114,132 baht cash and several academic documents.
Progress of case
9 March 2015
Charnvit was arrested at the entrance of Soi Gingkaew around 7 p.m. due to an alleged suspicion of him being involved in an explosion at the Ratchada Criminal Court. 3 Plainclothes police officers put him inside a black Fortuner and drove him somewhere, presumably a military camp. He was investigated by soldiers during the night of his arrest regarding the explosion, monarchy institution issue, and an arrest warrant over the Article 112 case issuing against him by the Nonthaburi Provincial Court in 2007.
In that case, Charnvit was accused of distributing leaflets with contents that defamed the monarchy during the 2007 protest. As he ran away after got bail, the arrest warrant was consequently issued against him.
10 March 2015
Around 5 to 8 officials (army or police) investigated Charnvit on issue relating to the Democracy Developement Institue. During the investigation, Charnvit was also blindfolded.
11 March 2015
Maj. Gen. Wijarn Jodtaeng and 2 policemen conducted an investigation with Charnvit about the explosion and the monarchy institution while Charnvit was required to sign his name in a document. During this investigation, Charnvit gave his answers in details and he was not blindfolded.
12 March 2015
Around 4 to 5 army officials investigated Charnvit, but his testimony was not recorded.
13 March 2015
Around 10 plainclothes officials interogated Charnvit by sitting on a semi-circle-table, all are not in uniform. The investigation was focusing on the monarchy institution, including Charnvit’s attitude towards the institution.
14 March 2015
Charnvit was taken to the Royal Thai Police headquarter where an inquiry officer conducted a further investigation and notified him an allegation of jointly planting an explosive at the Criminal Court on 7 March 2015.
Charnvit denied his accusation of jointly planting the explosive. He however accepted that there was the arrest warrant against him on a lese majeste case under the Article 112 by the Nonthaburi Provincial Court.
15 March 2015
Police officials brought Charnvit to the Metro Police Office for a press conference.
16 March 2015
Charnvit was shifted to a military court where he was detained due to his allegation of planting an explosion at the Criminal Court.
2 April 2015
A Schedule to confirm the person.
A vehicle was driven from the Bangkok Remand Prison with Charnvit as its passenger before arriving at the Nonthaburi Provincial Court at 11 a.m. An official of the Department of Corrections escorted Charnvit to a cell where no one was permitted to enter, except a lawyer.
It was informed by the lawyer that the court was conducting a trial inorder to confirm that Charnvit is a person specified in the arrest warrant or not. Charnvit affirmed that he was the accused in the 112 case in 2007 according to the arrest warrant.
8 June 2015
At a court room no. 6 of the Nonthaburi Provincial Court around 10 a.m. when the official of the Department of the Corrections brought Charnvit from his cell to the court room. Due to the absence of Charnvit’s lawyer, the court postponed the hearing to the afternoon of the same day.
Around 02.20 p.m., the trial began. After Charnvit was asked to give his testimony, he made a request to the judges to reconsider his 4 alleged counts submitted by the prosecutor because he distributed the leaflets only 1 time. Charnvit gave his testimony by reasoning that the Article 112 of the Criminal Code does not aim to protect Her Royal Highness Princess Maha Chakri Sirindhorn, therefore his alleged act could not be interpreted to affect the princess.
The court stated that an act of leafleting by the defendant did not relevant with the number of counts he was being accused by the prosecutors, however he was allegedly accused of 4 counts rely on the persons that the law aim to protect.
Then, the prosecutors submitted 5 witnesses for the examination, while Charnvit’s lawyer submitted 3 witnesses.
The plaintiff’s witness examination was therefore scheduled on 15 September 2015 while the defendant’s one was scheduled on 16 September 2015.
15 September 2015
The Plaintiff's Witness Examination
During the plaintiff’s examination of witness in the court room no. 3 of the Nonthaburi Provincial Court, there are some observers from the Thai Lawyers for Human Rights and the officials from the Bureau of the Royal House Hold.
Around 10 a.m., the court started the hearing. Before the witnesses gave their statements, the court gave Charnvit an opportunity to give his testimony of which he denied his allegation of lèse majesté but accepted that he produced, printed according to what he studied, and distributed them by himself.
The first plaintiff's witness examination: Pol. Sen. Ser. Maj. Wiwek, an arrestor
Pol. Sen. Ser. Maj. Wiwek stated that there was a political public speech at Nontaburi pier on 25 November 2007. He received an order from his commander to patrol the event. Upon his arrival at the event, Charnvit distributed him a leaflet. After that he overheard some crowds chatting that the leaflets contained defamatory texts against the monarch, he read the leaflet and found such texts in it. After reporting to his commander, he was ordered to trace and arrest Charnvit.
After that, the defense lawyer cross-examined the witness whether the public speech by a former leader of Thai Rak Thai Party on 25 November 2007 had any information against the Constitutional Court, the witness said no. The witness continued giving his testimony that although he was not the one that arresting Charnvit, he however was a part of the arrest unit and present at the scene all the time. He added that Charnvit was cooperative and did not resist during the arrest.
The second plaintiff's witness examination: Pol. Lt. Col. Prapas
Pol. Lt. Col. Prapas, the second witness, testified about the documents he had seized from the defendant including a book named “Thee Thon Samur Nailuang” (Acting like a King) and “Koranee Sawan Nakodtr 2489” (The 1946 Pass Away) by Supoj Dantrakul. Then, the defense lawyer cross-examined the witness about an incident on the same day which a computer at Charnvit’s home was turned on. The witness also said that he did not fully examined the accused leaflets.
The third plaintiff's witness examination: Pol. Lt. Col. Piyapong, an inquiry officer
Pol. Lt. Col. Piyapong, the third witness, testified that he was informed about an accused over a charge of lèse majesté. He then initiated an investigation with 2 witnesses. After the investigation, the accused accepted the allegation but made an argument that the texts did not against the law and he simply cited the astrology.
The defense lawyer cross-examined whether the issue concerning Her Royal Highness Princess Maha Chakri Sirindhorn in the defendant’s leaflets was protected by the Article 112, the witness consequently said he did not catch up with this issue.
The examination of the 3 plaintiff’s witnesses finished. The court scheduled the defendant’s witness examination on 16 September 2015.
16 September 2015
The Defendant Witness Examination
At 09.55 a.m., a car from the Bangkok Remand Prison transported Charnvit to the Nonthaburi Provincial Court. There were 2 witnesses from the defendant’s side; Charnvit himself and Suthachai Yimprasert who was a lecturer from the Faculty of Arts, Chulalongkorn University.
The first defendant's witness examination: Charnvit, the defendant
Charnvit testified that he prepared the leaflets by himself but whether its contents defamed the king or not, this is a legal issue that should be further considered.
Charnvit went on giving his testimony regarding his background that he attended his high school at Mahavajiravudh Songkhla School before he was enrolled into the Faculty of Associated Medical Sciences of Chiang Mai University. He involved in the 14 October 1973 political uprising and subsequently joining the 6 October 1976 protest, which resulted in him being arrested over a possession of weapon charge and the Chiang Mai Provincial Court sentenced him to 1 year and 2 months in prison.
After the release, around 1977, Charnvit joined the Student Collaboration Center of the North and the Communist Party of Thailand. At the time, he aimed to change Thailand into the constitutional monarchy; a democratic system where the monarch is under the constitution. He disengaged himself from the movement after an announcement no.66/1980 during Prem Tinsulanonda’s government.
In 1984, Charnvit submitted his request to resume his study at Chiang Mai University. Due to the changing circumstance, he was unable to get back to study and started selling ice creams with the politicians of the Palang Dharma Party.
Prior to the black May 1992 incident, Charnvit participated in a movement calling for a prime minister from an election. He was arrested from the Royal Rattanakosin Hotel on 18 May 1992 and was brought to the Khlong Prem Central Prison where he was detained for 3 days. In 1994, he worked as a paper cutting man in a publishing house for 2 years. In 1996, he joined a movement with the Constitution Drafting Assembly in Chiang Mai with a task to draft the 1997 Constitution. Due to the 1997 Crisis, he joined a movement at the State Enterprises Workers’ Relation Confederation where his duty was to monitor the laws from the parliament.
The lawyer asked Charnvit a question why he decided to distribute the leaflets during the 2006 coup d'etat. His answer was that he wanted to support the reform in the country according to the 1997 Constitution with the ideas of the monarchy under the constitution and the democracy in Thailand.
The lawyer then asked his intention when distributing the leaflets. Charnvit explained that he wanted to know what would happen to a system of the royal succession and felt that the country is facing a crisis on the succession issue.
Charnvit also said that In 2008 he fleed because at that the hee was joining a political meeting, together with an information that his bail would be cancelled when he were to report himself the second time. However, he was arrested on 7 March 2015 due to his allegation of jointly planting the explosive at the Ratchada Criminal Court. The trial of that case has yet to be scheduled.
The prosecutor asked Charnvit whether he had ever been examine his mental condition. Charnvit stated that he was underwent a treatment for stress at the Chiang Mai Neurological Hospital which he took a leave from his study and took medicines for 2 to 3 months, before continuing his treatment in the Songkhla Neurological Hospital. He stated that he was stressed because he studied several topics during that time, nevertheless he was able to continue participating other activities. He was fully recovered during his one year in prison in 1976 and his condition has been normal until present.
The prosecutor then asked whether the leaflets had defamed the third persons or not? Charnvit explained that no one had been defamed because it was just a prediction on the political situation. He described the contents in the leaflets that he wanted to support the constitutional monarchy and a proper status of the monarch which, in his opinion, would even strengthen the monarchy institution. However, whether the contents in his leaflets would be the defamatory contents, this purely depends on the consideration of the court.
The second defendant's witness examination: Suthachai Yimprasert, a historian
In the afternoon, the second witness, Associate Professor Dr. Suthachai Yimprasert from the Department of History in the Arts Faculty of Chulalongkorn University, briefly provided a testimony on the lese majeste law. He testified that the law was initially drafted in the reign of the King Rama V but it was rarely enforced at that time. After the 1932 Revolution, the constitution named the monarchy institution as the highest institution which was untouchable. In the early age, the law came with a minor punishment for those who acted against this law. In 1977, the punishment was elevated and such harsher punishment has been enforced until now. The concept derived from the government of Thanin Kraiwichian when such law was enforced to protect the monarch institution; including the monarch, queen, heir-apparent and regent; from the Communist Party.
Suthachai said that the concept of the heir-apparent was made clear since the reign of the King Rama V when three of his sons were announced as the royal heirs to the throne, which rules that there must be only one heir-apparent at a time and a female had never been appointed as the heir-apparent according to the succession law (Kod Montienbal).
After giving his testimony, the prosecutor did not cross-examine the witnesses which marked the completion of the witnesses examination. The court scheduled to read its verdict on 1 December 2015 at 9 a.m.
1 December 2015
The Nonthaburi Provincial Court had scheduled to read its decision of Charnvit’s case. At around 10 a.m., Charnvit was escorted from the Bangkok Remand Prison to the courtroom no. 3, and a courtroom officer announced prior to the arrival of Charncit that the decision would not be available for copying because it was only a drafted one.
At around 10.15 a.m., the judges appeared in the courtroom. After reading the decisions of the other cases, the judges began to read the verdict of this case that Charnvit was accused of committing a crime according to the Article 112 of the Criminal Code due to his distribution of leaflets. He was prosecuted for 4 counts because it had affected 4 persons; 1) His Majesty King Bhumibol Adulyadej, 2) Her Majesty Queen Sirikit, 3) His Royal Highness Crown Prince Maha Vajiralongkorn, and 4) Her Royal Highness Princess Maha Chakri Sirindhorn.
During the examination of the witnesses, Charnvit stated that he did the distribution without realizing such leaflet contained the messages that defaming His Majesty the King. He also made a request to the court to consider one particular point i.e. ‘who are intended to be under the protection of the Article 112 of the Criminal Code?’.
The court see that although the leaflet bared messages that defaming several individuals, the messages were included in just one document. It was therefore considered as one count. Consequently, it was unnecessary to consider whether the Article 112 of the Criminal Code is intended to protect Her Royal Highness Princess Maha Chakri Sirindhorn or not. As a result, the court ruled that Charnvit was guilty under Article 112 of the Criminal Code and was liable for a 6 year-prison-term.
