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Case
Stared
Case name
Punsak: March for Justice
Sedition
Disorderly assembly
Defying NCPO order 7/2014
Name of persons / Name of Media
Punsak Srithep
Case status
คำอธิบายสถานะคดี ภาษาอังกฤษ
On trial in Court of First Instance
Status of Accused
Dismissed
Offense / order
Article 14 (3) Computer Related Crime Act, Article 116 Criminal Code, Defying NCPO order 7/2014
Summary
Pansak lost his son in 2010 military crackdown on Redshirt protesters. He, along with his associates, was charged with political assembly more than five persons and should be tried before the military court (according to the Martial Law). So they hold the public activity, “March for Justice”, to call for an end to the trials of civilians in the single-tier military court under the Martial Law, which allows no appeal. As a result of this activity, Pansak faced three more charges as follows: Section 116 of Criminal Code (Sedition); Section 14(3) of Computer Crimes Act (CCA); and defying the NCPO announcement no. 7/2014.
In this case, another six people who gave flowers to support Pansak and join his march were also charged.
At around 00.30 am of 26 March 2015, which was the date that Pansak announced to march again to the military court, Pansak was arrested by police while he was parking his car to get into his home. The military court, however, granted his provisional release with THB 70,000 as a deposit.
On 26 July 2019, the military court ordered to transfer Pansak's case to be trial by civilian court after Gen. Prayuth issued order of the head of NCPO no. 9/2019 to transfer cases to be proceed by civilian court.
On 26 July 2019, the military court ordered to transfer Pansak's case to be trial by civilian court after Gen. Prayuth issued order of the head of NCPO no. 9/2019 to transfer cases to be proceed by civilian court.
Basic information
Background of accused
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.
Prior to this case, Pansak has ever been arrested for 2 times because of holding the public activities.
The first time is when he and his associates distributed leaflets demanding for justice from a "People's Court" which made him and his associates charged with the Sanitation Act.
The second time is when he and his associates held the public activity, "My Dear Election" which made him and his associates charged with the NCPO announcement no.7/2014; prohibiting a political gathering of 5 or more persons, and led them to be tried by the military court.
Legal Claims
Sedition, Disorderly assembly
-
Form of restriction on freedom
Charge filed
-
Type of media
Public Assembly
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Province
Bangkok
-
Court
Bangkok Military Court
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Arrest warrant
ก.45/2558 on 2015-03-17
Details of offence according to charge
12 March 2015, Pansak and 3 other accused for the “My Dear Election” case made a statement to the president of the Supreme Court, demanding civil rights and to be tried by the Criminal Court rather than the Military Court for the wrongdoings according to their arrest.
Furthermore, the group of accused also announced on Facebook named “Resistant Citizen” that they would hold “March for Justice” activity on 14 – 16 March 2015. The march started fromBang Bua Thong District to Pathumwan police station for the police questioning as scheduled on 16 March.
15 March 2015, Pansak started walking alone as planned; from Thai Rath newspaper headquarter, SoiRangnam, Memorial Peg of Cher (Pansak’s son who was shot dead in 2014 Thai military crackdown), Memorial Peg of Siamese Revolution of 1932, Lawyers Council under the Royal Patronage, Democracy Monument and finished at PridiBanomyong Monument, Thammasat University.
When Pansak arrived at the Department of Science Service, 3 men dressed up as students who were the second, the third and the fourth accused gave red roses to Pansak. While there were unidentified journalists taking photos. The walk continued until the Department of Highways when the fifth accused joined the walk. At Phan Fa Lilat Square, the sixth accused joined. When arriving in front of MethavalaiSorndaeng Restaurant, PreechaKaewbanpreaw gave red roses and a bag of food to Pansak.
The March of Pansak and 6 other accused were action that deemed to be against the coup-appointed Government because the March was announced on social media. There were schedules for people to gather and talked about politics where they stopped by. There was no intention to march to report to the inquiry official. “Resistant Citizen” logos were even sold to people who came out to support and talk to Pansak.
These actions were considered as 3 violations; inciting and stimulating breaking law according toSection 116 of the Criminal Code, Section 14(3) of the Computer Crimes Act, and defying the NCPO announcement no.7/2014; prohibiting a political gathering of 5 or more persons.
Circumstance of arrest
Thai Lawyers for Human Rights (TLHR) posted on Facebook that around 00.30 a.m. of 26 March, at the parking lot of Wat La Han, Bang Bua Thong District, Nonthaburi Province, while Pansak was parking and was about to get home, police officers led by Pol.Lt.Col.TaweewongDitthayam, Crime Investigation Division 4Inspector, Crime Investigation Bureau, Metropolitan Police, tookPansak to Chanasongkram Police Station. There was a Military Court arrest warrant issued on 17 March for Pansak held “March for Justice” from his home in Bang Bua Thong District to the Military Court in Bangkok.
Progress of case
14 February 2015
Pansak and Resistant Citizen group organized “My Dear Election” in order to commemorate the last general election on 2 February 2014, which the Constitutional Court ruled to void, and was led to the Coup on 22 May 2014. This activity had Pansak and 3 other accused charตอบว่าใช่ ged with defying the NCPO announcement no.7/2014; prohibiting a political gathering of more than 5 persons. The case will be tried by the Military Court.
12 March 2015
Pansak and 3 other accused of “My Dear Election” case made a statement to the President of the Supreme Court demanding civil rights.It was for demanding the President of the Supreme Court and the officials of Judiciary to stand for their constitutional power and criminal procedurecode that the power enabled them to try civilians and to refuse the Military Court’s power over civilian cases.
Moreover, the group of accused also announced on their Facebook Page named “Resistant Citizen” to hold “March for Justice” activity on 14 – 16 March 2015, inspired by the idea; “When the Justice Doesn’t Come, Then Go and Get It”. The March would take 3 days, from Bang Bua Thong District to Pathumwan police station for the police questioning that had been scheduled on 16 March.
14 March 2015
Khaosod Online reported that after Pansak had been walking for about 5 kilometers from his home in Bang Bua Thong District, he was taken by 5 police officers from Bang Bua Thong Police Station and was taken to Pathumwan police station by a van.Pol.Lt.Gen. AmnuayNimmano, Commissioner of Provincial Police Region 1 came to meet Pansak as well.
Pol.Lt.Gen. Amnuay informed that the walking was politically influenced, because there had been announced the scheduleon social media. Moreover, the activity in front of headquarters 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, ThaPrachan Campus, to visit Pansak at Pathumwan police station and to demand justice.
Around 4.00 p.m.,Pansak was released. PawineeChumsri, 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 police station released him without any charge.
15 March 2015
Prachatai reported that at 09.00 a.m.,Pansak started activity “March for Justice”, by reading poems and laying flowers on the memorial peg where Cher was shot dead. Then he walked on to lay flowers at the Memorial Peg of the Siamese Revolution of 1932 and carried on to Thammasat University.
16 March 2015
Pansak, Anon, Wannakiet and Siravich started walking from Thammasat University to PanfaLeelard Pier and took the KhlongSaenSaep express boat service to Pathumwanpolice station.
Manager Online reported that around 2.00 p.m., at the Bangkok Military Court, an inquiry official from Pathumwan police station filed a charge against the 4 accused to the judge advocate for the military judges to consider the case. This was because the defying NCPO announcement no.7/2014; prohibiting a political gathering of 5 or more people, from the activity “My Dear Election”.
Around 5.30p.m., a group of students which held a signing up for a petition activity, “No Civilians to be Tried by Military Court”, at Thammasat University, walked to the Military Court for encouraging the 4 defendants. They libeled the Military Court’s duty. They criticized that the Military Court’s dutiesare not in line with the principles of the justice system, and demanded that civilians shouldn’t be tried by the Military Court.
Around 6.30 p.m., the military prosecutor rejected the remand petition, and reasoned that the 4 accused had a permanent residence and no intention to flight. The judges scheduled to hear the judge advocate’s order on whether to file the charge on 27 March.
Detail of “March for Justice” activity and disruption by personnel can be read from “March for Justice: When the Justice Doesn’t Come, Then Go and Get It”
25 March 2015
Resistant Citizen Facebook page posted pictures to announce the activity “March for Justice Continues, because when Justice hasn’t come, the search must go on”, in order to carry on the activity “March for Justice”. Pansak would marchfrom his home in Bang Bua Thong District on 26 March to Bangkok Military Court for hearing the military prosecutor’s order for “My Dear Election” case, as scheduled on 27 March.
Around 6.00p.m., Thai Rath Online reported that Bang Bua Thong’s Chief District and Lt.Col. SongwutIntarapakdee explained to Pansak that they didn’t want to have this march to the Bangkok Military Court on 26 March, because they didn’t want it to cause any unrest. Pansak reasoned and confirmed the march to the Bangkok Military Court as intended. After about 15 minutes of discussion, the officers left.
26 March 2015
Around 00.30 a.m.,while Pansak was parking his car and was about to get home, police officers led by Pol.Lt.Col.TaweewongDitthayam, Crime Investigation Division 4Inspector, Crime Investigation Bureau, Metropolitan Police, tookPansak to Chanasongkram Police Station. There was a Military Court arrest warrant issued on 17 March for Pansak held “March for Justice” from his home in Bang Bua Thong District to Military Court in Bangkok.
Around 01.00 a.m., Resistant Citizen Facebook page announced that Pansak had been taken to Chanasongkram police station and was waiting in the interrogation room. There was Anon Nampa, a TLHR lawyer, and was 1 of the 4 defendants, charged fordefying NCPO order and holding “My Dear Election” activity. Anon was Pansak’s lawyer. He said that Pol.Lt.Gen.SrivaraRangseepromnakul, Commissioner of Metropolitan Police, would inquiredPansak by himself.
However, TLHR Facebook reported that about 01.10 a.m., Anon was asked to leave theinterrogation room. The refusal of the lawyer’s presence was imposed during the arrest record was in process. The police officers claimed that the arrest record was being processed. Pansak hadn’t yet been an arrested person, and a lawyer had no rights to be at presence. If Anon was still in the room,it would likelybe an act which had resulted in the obstruction of a police officer.
Later at 02.20 a.m., the lawyer was allowed to be in the room.
At 02.30 a.m., Anon, Pansak’s lawyer, informed that Pansak was charged for 3 allegations; defying NCPO announcement no. 7/2014, section 14 of the Computer Crimes Act, and section 116 of the Criminal Code (Sedition).
At 08.30 a.m., police officers from Chanasongkram police station took Pansak to Vajira Hospital for physical examination after the arrest.
About 09.50 a.m., Prachatai reported the situation in front of Ministry of Defence (MOD), where the Bangkok Military Court was located, that army personnel closed the area surrounded MOD. Thai National ID cards were strictly checked. Only Pansak’s lawyer and the bailsman were permitted to meet Pansak at the Court.
The inquiry official filed the first remand, and reasoned that there were tens of witnesses to be questioned, and had to wait for the criminal record and the fingerprints of the accused. They also objected provisional release, because the allegation was concerned about the national security. The Military Court granted permission for the remand, as the inquiry official the request. Pansak’s lawyer filed a provisional release applicationand a 500,000 Baht bail, which came from the public fundraising through Facebook.
About 2.20 p.m., the Military Court granted the provisional release with a 70,000 Baht bail. There were conditions for the release;
1. The accused were strictly prohibited to commit anything that deemed to provoke, agitate, persuade and excitein order to hold rallies, which would cause disturbance in the country or would cause any harm that would damage or jeopardize peaceand order, or people’s morals, or cause the people to transgress the laws of the country.
2. The accused were not allowed to leave the Kingdom, unless the Military Court granted permission.
At 7.30 a.m., Pansak was released from Bangkok Remand Prison.
19 June 2015
Hearing the Military prosecutor’s order
The military prosecutor accepted the charge against Pansak in case of his activity named “March for Justice” which he and his 4 associates walked to the Bangkok military court to call for justice. Pansak’s activity deemed to breach the NCPO announcement no. 7/2014; prohibiting a political gathering of 5 or more people, Section 116 of the Criminal Code (sedition), and Section 14(3) of the Computer Crimes Act.
However, the Bangkok military court granted him the provisional release with a 70,000 Baht bail.
29 October 2015
Pansak posted the warrant issued by the Bangkok Military Court which stated that he was summoned to report for the deposition examination on 5 November 2015, at 08.30 AM, on his Facebook added with the caption of 'it's time to march'
5 November 2015
9.20 AM, happended in a restricted environment, officials asked to take a photo of observers' ID cards and asked journalist to wait at the entrance of the court. Pansak gave an interview insisting that he wont accept the jurisdiction of the Military Court. Since his son was shot dead, there is noting to worry about.
At the courtroom No. 1, the judge arrived at 11.00 AM, Pansak's lawyer filed a petition to object jurisdiction of the military court over the case based on the Act of Court Jurisdictions Judgment BE 2542. The court hence suspended the trail and ordered the military prosecutor to provide its comment to the court within 15 days. Then, the court will pass on its opinion to the Criminal court, when the Criminal Court reply, the defendant will be appointed for the announcement of the decision in this regard.
Additional Information
Details on other cases against Pansak
Violating the Sanitation Act as a result of distributing leaflets demanding for justice from a "People's Court".
Violating the NCPO announcement no.7/2014; prohibiting a political gathering of 5 or more persons as a result of holding the public activity, "My Dear Election".
