Case

Case name

Wichan: convinced people not to cast their vote

Name of persons / Name of Media

Wichan

Status of Accused

On bail

Offense / order

Referendum Act of 2016 section 61

Summary

On 26 July 2016, Wichan convinced people who are buying groceries at a market in Phibun Mangsahan District, Ubon Ratchathani Province not to go to cast their vote on a referendum set to held on 7 August 2016. Vichan was arrested at the scene and was taken to Phibun Mangsahan Police Station. He was charged under the Referendum Act and held in custody at the police station for 1 night.

He was detained since then as he has no money to bail himself out. He used to be on hunger strike for 12 days and got bail after being detained for more than a month. Wichan denied his allegation in the trial and tried to prove his political belief.

Ubon Ratchathani Provincial Court sentenced Wichan to 6 months in prison and 30,000 baht fine. The penalty was reduced one-third and prison sentence was suspended.

Basic information

Background of accused

Based on Samarn Sringarm’s Facebook post, Wichan was a vice president of Dharma Group for Restoring and Saving Thailand in the event of Khao Phra Wihan – Eastern Provinces of Siam, according to the 1941 Tokyo Convention, was a vice president of People’s Council for Peaceful Revolution, was a deputy leader of the New Leading People for Peaceful Revolution Party (Tam Thammachart Party), and was a vice president of the Religious Movement for Mankind and the Movement for National Democracy.

In November 2013, Wichan joined a rally demanding Khao Phra Wihan vicinity. He climbed over the gateway of Preah Vihear Temple where Cambodian forces were stationed. He also undertook a hunger strike provoking the government to resign as it allowed Cambodia to take over Preah Vihear Temple.

Legal Claims

Disrupted peace in a referendum

Form of restriction on freedom

Charge filed
Type of media

Speech
Province

Ubon Ratchathani
Court

Ubon Ratchathani Provincial Court
Black case

คำอธิบายคดีดำ ภาษาอังกฤษ

Court: ศาลจังหวัดอุบลราชธานี No: อ.2419/2559

Details of offence according to charge

The provisional detention request filed by the inquiry official of Phibun Mangsahan Police Station to Ubon Ratchathani Provincial Court mentioned Wichan’s circumstance. It was noted that on 26 July 2016, at about 07.30 hrs., Wichan was on a bicycle to the market. He told to shoppers that he was a member of New Leading People for Peaceful Revolution Party. He also held up documents, tried to incite people to not cast thier vote in the Constitutional Referendum on 7 August 2016.

Circumstance of arrest

On 26 July 2016, the traffic police officer who was on duty in the market area witnessed Wichan’s action. He reported other officers of Phibun Mangsahan Police Station to arrest him.

Wichan was arrested from the scene and was escorted to the police station. The officers also seized his documents as part of the evidence.

Progress of case

26 July 2016

Wichan was arrested at Phibun Mangsahan market. He then was escorted to be questioned at Phibun Mangsahan Police Station. The inquiry official believed that Wichan was suffered mental disorder as he was talking strangely. Wichan was sent to Prasrimahabodhi Psychiatric Hospital to be examined. The result concluded that Wichan was all right. The officer then charged him with the Public Referendum Act, Section 61, paragraph 2. He was detained at the station for one night.

27 July 2016

Samarn Sringarm wrote on his Facebook that Wichan would undertake a hunger strike demanding Gen. Prayut Chan-ocha to dissolve the authoritarian referendum, which could cause damages to Thailand.

A YouTube video of New Leading People for Peaceful Revolution Party featured Wichan’s voice. He explained how he was arrested, his political agendas, and his demands for the hunger strike. The demands were repealing the constitutional referendum, and restoring democracy to solve the conflict.

After Wichan was detained at the police station for one night, the officer filed another detention request to Ubon Ratchathani Provincial Court. Prachatai reported that Kaewsaengboon Thamhaidee, deputy leader of New Leading People for Peaceful Revolution Party, told that Wichan did not file bail request, because he did not have 200,000 Baht as a security.

15 August 2016

Prachatai reported that Wichan ended the hunger strike since 8 August, after the referendum finished. He was on the hunger strike for 12 days. Even though Wichan was still detained, he would fully defend his case.

8 September 2016

Wichan’s lawyer filed a bail request. He used his position as a guarantee, which was worth 60,000 Baht. The court granted the bail with condition that Wichan would not engage in political issues.

8 February 2017

The prehearing conference to review evidence.

Wichan and his lawyer appeared before the judge as scheduled at Ubon Ratchathani Provincial Court. They submitted a plead in paper, denying the allegation. It read as follows;

The draft constitution must be in accordance with the principles of Rule of Law, people's equality, liberty and rights, and democracy. Many groups of people argued that the constitutional referendum held on 7 August 2016 limited their liberty and rights, and the public participation was also limited. The limitations had never been this great before. There were even rumors that there was not going to be a referendum.

The President of the Constitution Drafting Commission must take bold action to explain the draft. But there was no explanation for the problems of the principles to the people, the Sovereignty owner. The draft did not guarantee social peace.

The Referendum Act was against the spirit of international standard of absolute democracy, the liberty and rights of the people which were guaranteed in the previous constitutions, and limited the freedom of expression on political issue. The Act was not legitimate and should not be enforced.

As a matter of fact, the defendant did not commit what the Act stated as an offence. The defendant handed out academic articles. They were for educating the people and aiming to solve their problems. It was the defendant’s political agendas. The charge brought by the plaintiff was also against democratic principles.

Thai Lawyers for Human Rights reported that the prosecutor submitted eight witnesses, included the arresting police officer, the inquiry official, the people whom Wichan spoke to at the market, and the village headman of the village where Wichan lived in. Wichan’s lawyer submitted four witnesses. After submitting the witnesses and evidence, the judge scheduled to exam the plaintiff’s witnesses on 15 – 16 August 2017, and the defendant’s on 17 – 18 August 2017.

15 – 18 August 2017

The Court conducted witness hearings for both the plaintiff and the defendant.

7 November 2017

Ubon Ratchathani Provincial Court read a verdict sentencing Wichan for 6 months in prison and 30,000 baht fine. Because the defendant's testimony benefits the trial, the penalty was mitigated by one-third to 4 months in prison and 20,000 baht fine. The prison sentence was suspended for 2 years and the court also suspended his electoral rights for 2 years.

The Verdict

Summary of the Verdict

The verdict can be summarized as follow:

The court sees that the plaintiff witnesses sound more heavy than the defendant's witnesses. The plaintiff witnesses testified in the same way that the defendant talked in the market that the draft constitution was abnormal and distorted, he then will not accept it and convinced prople to not cast their vote. Even thought the defendant claimed that he had just talked to a shopkeeper in the market on the constitution and the standpoint of his party that they would not join this draft constitution and he did not convince anyone to not cast their vote, but when the defendant talked, people who passed by can hear. The court sees that the act of the defendant was a crime under the Referendum Act 2016, Section 61 paragraph 2.

Because the defendant han been imprisoned for a period of time during the investigation process from 20 July to 8 September 2016 but the finally the court did not sentence him to prison, the defendant shall be compensated. The cost shall be calculated as 500 baht per day, totally he will be compensated for 22,500 baht which is more than the fine that he has to pay. Then Wichan does not have to pay the fine.

Trial observation record

Additional Information

Reference

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