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Case
Case name
Letters campaigning for referendum in Chiang Mai
Sedition
Case status
คำอธิบายสถานะคดี ภาษาอังกฤษ
Case dismissed by Court
Status of Accused
Dismissed
Offense / order
Article 116 Criminal Code, Referendum Act of 2016 section 61, Others (Section 209, 210 under Criminal code)
| Name of persons / Name of Media | Status of Accused |
|---|---|
| Boonlert | On bail |
| Tharnthip | On bail |
| Kachain | On bail |
| Pairach | On bail |
| Atiphong | On bail |
| Korbkarn | On bail |
| Suphavadee | On bail |
| Aimaorn | On bail |
| Kittikorn | On bail |
| Vitsarut | On bail |
| Natitatch | On bail |
| Tewarat | On bail |
Summary
During 12-15 July 2016, security forces were informed by officers from a post office that there are suspucious letters from many post boxes in Lampang Province, Lampoon Province and Chiang Mai Province. Officers of Election Commission examined the letters and found that there was a content that falsified the draft constitution and filed a complaint to police.
Later, officers arrested more than ten suspects and charged with sedition and criminal association under Criminal Code Section 116, 210 and the Referendum Act Section 61 paragraph 2.
Initially, some defendants were not allowed on bail but during trial in military court they are were eventually released on bail. The trial went slowly with 140 witnesses need to be examined until the NCPO order to transfer all cases back to normal court.
25 March 2020 Chiang Mai Military Court dismissed all defendants from all charges.
Basic information
Background of accused
Boonlert
Boonlert has a bachelor’s degree in business administration and a master’s degree in political science both from Chiang Mai University. Boonlert is a former Chief Executive of the Chiang Mai PAO (Provincial Administrative Organization), before the government exercised its power under Section 44, suspended him from all governmental related duties. Boonlert and his companies are well known for having a close relationship with the Shinnawatra family.
Tassanee
Tassanee graduated with a bachelor's degree in business administration from Chiang Mai University. She was once serving as a Chang Puek mayor in Muang district Chiang Mai, and also a former Pheu Thai MP for Chiang Mai in 2011. Tassanee is Boonlert’s granddaughter and a sister to Chiang Mai Lord Mayor Tassanai.
Tarnthip
Tarnthip is a sister of Tassanee and Chiang Mai Lord Mayor Thassanai. She is also a granddaughter of Boonlert.
Kachen
Kachen was a mayor of Chang Puek subdistrict. Originally from Ban Pha Pai subdistrict in Sansai district Chiang Mai, he is also Boonlert’s grandson-in-law. He was serving as a consultant to Tassanee while she was a Chang Puek mayor, before he inherited the mayor seat followingly. He held the position for two terms.
Pairatch
Former Deputy Chief Executive of the Chiang Mai PAO
Athipong
Assistant to Law Enforcement Officer of Chang Puek Municipality
Kobkarn
Staff of Chiang Mai Tusnaporn Company
Supavadee
Board Director of Chiang Mai Tusnaporn Company
Aim-orn
Academic Assistant in Public Health Promotion of Chang Puek Municipality
Krittakorn
Assistant to Personnel Officer of Chang Puek Municipality
Wisarut
Officer at Chang Puek Municipality, Mueang district, Chiang Mai
Nethitaj
Plan and Policy Analyst for Chang Puek Municipality.
Secretary to Chang Puek Mayor “Kachen”.
Thevarat
Tassanee’s driver
Legal Claims
Sedition, Disrupted peace in a referendum, Others (-)
-
Form of restriction on freedom
Charge filed
-
Type of media
Other
-
Province
Chiang Mai
-
Court
Chiang Mai Military Court
Details of offence according to charge
During 12 -15 July 2016, the Security Authorities were reported by the post office that a number of unusual letters with postage stamps and recipients’ addresses were discovered in postboxes across Lampang, Lamphun and Chiang Mai. After the scrutiny, the Election Commissioner of Thailand (ECT) found that such letters contained allegedly distorted information on the draft constitution. The ECT subsequently forwarded the case to the inquiry officer.
The letters contain the content as follow:
Circumstance of arrest
On 23 July 2016, a joint unit between police and military officials from 33th military circle exercised its power under Section 44 to raided and arrested the first suspect Wisarut, using the arrest warrant granted by the Chiang Mai Provincial Court. Upon the search, nine pieces of evidence were found and seized for further examination. The suspect was not there, however, he was later arrested in Bangkok. After having another arrest warrant issued by Chiang Mai Provincial Court, the authorities raided and arrested Samart followingly.
The search then continued at the office of Chang Puak Municipality according to Samart’s statement. Meanwhile another raid was conducted at the residence of Kachen, the Chang Puak Mayor who is a son in-law of Boonlert, the Chief Executive of the Chiang Mai PAO. Some evidence was seized, as believed by the authorities to be involved with the letters containing distorted information against the draft constitution — or the so-called (in this article from onwards) “draft constitution letter”. On the same day, the authorities detained Pongpan from his residence in Lamphun on an arrest warrant approved by Lampang Provincial Court.
On 27 July 2016, under Section 44, the authorities summoned eleven people including local politicians, involved family members and other parties which were 1.Boonlert 2.Tassanee 3. Kachen 4.Tharntip 5.Wisarut 6.Athipong 7.Krittakorn 8.Aim-orn 9.Supawadee 10.Thevarat and 11.Korbkarn to report to military court in order to be detained at the 11th Military Circle, Bangkok.
Later on, Tassanee and her lawyer came to the Royal Thai Police Headquarters in order to meet up with the Police Chief , Pol. Gen. Chakthip Chaijinda to show her innocence towards the case. But before the meeting during the interview with the media, a team led by military staff judge advocate Col. Burin Thongprapai turned up and arrested Tassanee, citing the NCPO Order No. 3/2015, on an act in violation of the Criminal Code’s Section 116. Tassanee was taken in for detention and questioning at the 11th Military Circle for 7 days, before the case was transferred to inquiry officers in order to proceed with further legal actions.
Within the same day, four co-suspects (2 males and 2 females) were arrested and brought to Lampang Provincial Police Station. After interrogation, all of them confessed to just folding and putting such documents in the envelopes only. They were brought to Lampang Provincial Court to seek for a detention order to be issued. However, each of them was later granted for a bail with security worth 100,00 baht during the court procedures.
Progress of case
From Komchadluek Online, ten people were reportedly taken to the 33th Military Circle Court in Chiang Mai for trial on the case of draft constitution letters. The court rejected all bail requests made by the offenders, concerning that it would cause disarray which would lead to difficulties in finding the case’s conclusion and to summarise the fact.
12 July 2016
Thairath Online reported that the authorities got a report from the Chiang Mai Post Office that a large number of letters containing misinformation on the draft constitution were discovered in postboxes, awaiting for delivery.
Those letters mentioned only the addresses but omitted recipients’ names. The police could gather the same kind of letter for over 2,000 pieces.
After examination, the letter’s content was found to be likely in distortion of the draft constitution over a rights reduction issue. The officer passed the case onto the Office of Election Commission to investigate whether it was deemed to be in breach of the law, which in that case, an allegation shall be made accordingly.
16 July 2016
Manager Online said there was still a report about the letters which have been continuously dropped in postboxes during the last four days in many provinces in the North, especially Lampang, Lamphun, and Chiang Mai. More than 10,000 pieces of letter were confiscated by officials, which not including some that were earlier seized by the military officials for investigation.
23 July 2016
Under Section 44, police joined by military officials from the 33rd Military Circle conducted the raid and to arrest the first suspect “Wisarut” with the warrant granted by the Chiang Mai Provincial Court. Nine pieces of evidence were reportedly seized for examination. However, the alleged person could not be found during the raid but was later arrested in Bangkok.
After that the officials continued the search in the Office of Chang Puek Municipality based on Wisarut’s statement. Another raid was conducted at the residence of Chang Puek Mayor “Kachen” who was a son in law of Boonlert, the chief of the Chiang Mai Provincial Administrative Organisation(PAO). Some evidence seized by the officials was believed to be involved with the constitution distortion letter.
The same day Matichon Online published that Phongpan was arrested by the officials in his house in Lamphun Province with the arrest warrant approved by Lampang Provincial Court on an attempt allegedly to cause disturbances and disrupt peace to the upcoming referendum by dropping 4,306 letters containing distorted message on the Constitution in 9 postboxes around Muang district in Lampang. Pongpan later accepted that he was an individual who folded and sealed those letters but not the distributor who posted in the postboxes in Lampang, nor his initiative or his order.
Prachathai reported that the police officers from Mae-ping Police Station filed a charge against Wisarut under Section 61 paragraph 2 of the Referendum Act. His relative then posted a 100,000 baht bail bond by handing a title deed. Wisarut was then later released in the evening and signed up for a witness protection program. Another report also said that his parents were taken by officials on the same day but were later released.
26 July 2016
The Royal Gazette website issued the Head of NCPO’s Order No. 44/2016, announcing the list of government officials who were being probed for the fifth time, stating that executives and officials of local administration organizations were allegedly found to violate Referendum Act. Therefore, under Section 44, Mr. Boonlert was temporarily suspended from his duties as a Chief Executive of Provincial Administrative Organization of Chiangmai.
27 July 2016
Manager Online reported that in the morning, the officials used power under Section 44 to summon local politicians, their relatives, and related parties, in total 11 people, which were 1.Boonlert 2.Tassanee 3.Kachen 4.Tharntip 5.Wisarut 6.Athipong 7.Krittakorn 8.Aim-orn 9.Supawadee 10.Thevarat and 11.Korbkarn. They were sent to the military court for detention at the 11th Military Circle, Bangkok.
Only 6 people were able to report to the officials which were Kachen, Tharntip, Aim-orn, Athipong, Supawadee, and Korbkarn. But Wisarut, the alleged distributor of the letters, was arrested earlier and already under detention, making all together 7 people arrested and detained in this case.
Matichon Online reported that at 12:00 pm Tassanee and her lawyer came to meet Commissioner General, Pol. Gen. Chakthip Chaijinda at the Royal Thai Police Headquarters in order to show her innocence following the case she was linked to the distribution of the letters that contained misinformation against the draft constitution.
During the interview with the media before meeting with the Commissioner General, a team of military officials led by staff judge advocate Colonel Burin Thongprapai arrested Tassanee according to the order of the head of NCPO cited under NCPO Order No. 3/2015, under the offence of violating the Criminal Code’s Section 116. She was taken to the 11th Military Circle for interrogation for 7 days before the case was assigned to the inquiry officer for legal procedures.
Within the same day, Prachachart reported that four co-offenders (2 males and 2 females) were arrested and brought to Lampang Provincial Police station. After interrogation, all of them accepted to merely putting those letters in the envelopes. The officers requested Lampang Provincial Court for the detention order. However, the court later on allowed the alleged offenders to apply for the bail during the court procedures by posting a 100,000 baht as collateral.
28 July 2016
Matichon Online reported that Election Commissioner Somchai Srisuriyakorn gave a personal opinion towards the arrests of related individuals in the case of draft constitution letters in Chiang Mai, saying that the information in the letter was deemed untruthful and attempting to influence voters. The Chiang Mai Election Commission had agreed to report to the police.
On the same day, Thairath Online reported that one of the alleged offenders, Boonlert, after returning to Thailand prior to his schedule, reported himself to the officers at Provincial Police Regional 5 in Chiang Mai, in order to show his innocence and express no involvement in this case.
1 August 2016
Prachachat website reported that the military court approved the arrest warrants requested by the inquiry officer for eleven people on a charge of violating Criminal Code Section 116 for sedition and under Section 210 for conspiring in a group of 5 or more.
Following Komchadluek Online’s report, the authorities also detained two more related parties at the 11th Military Circle, which were Pairatch, the Deputy Chief Executive of the Chiang Mai PAO and Akkraphon Thanomsilp, the owner of Nopburi publisher in Chiang Mai, which was believed to be linked with the draft constitution letters but still under review.
2 August 2016
Maj. Gen. Wijarn Jodtaeng, the chief legal officer of the military’s ruling National Council for Peace and Order (NCPO), brought in ten defenders who were charged for getting involved with the draft constitution letter. A group was composed of 1. Boonlert 2. Tassanee 3. Kachen 4. Athipong 5. Aim-orn 6. Supawadee 7. Thevarat 8. Korbkarn 9. Krittakorn and 10. Tharntip.
The arrest was the aftermath of statement given by the pre-arrested suspect “Wisarut”, making the number of alleged offenders in this case upto 11 people who were in violation of the Criminal Code’s Section 116 of Sedition, Section 210 for conspiring in a group of 5 or more, and lastly under Section 61 of Referendum Act paragraph 2.
4 August 2016
Detention Phase I
From Komchadluek Online, ten people were reportedly taken to the 33th Military Circle Court in Chiang Mai for trial on the case of draft constitution letters. The court rejected all bail requests made by the offenders, concerning that it would cause disarray which would lead to difficulties in finding the case’s conclusion and to summarise the fact.
Prachachat website reported that a charge was filed against Jiraporn Chaisang, a wife of Jaturon Chaisang, for assisting an alleged offender by hiding, or by doing any means to hinder the arrest which in regard to the violation of the Referendum Act. Based on the interrogation and evidence gathering, it was found that Jiraporn had part in assisting hiding one of the offenders, Wisarut, by aiding him in finding a shelter at Wat Sraket Rajavaravihara in Bangkok.
5 August 2016
Manager Online reported that military staff judge advocate Colonel Burin Thongprapai brought in Nethitaj, a Plan and Policy Analyst for Chang Puek Municipality, on the arrest warrant issued by the military court following a charge of violating Section 116 of the Criminal Code, for the police to proceed with legal procedures of the case.
Whereas Chiang Mai News reported that Nethitaj was already under detention but still remained under investigation at the 11th Military Circle until it was over.
8 August 2016
Jumnong Chaimongkol, Boonlert’s lawyer, together with his legal team, re-submitted an application to the 33rd Military Circle Court to request a bail release for Boonlert and the group after the court’s first denial. However, the court dismissed the bail request, compelling them to reapply for the bail again on 15 August 2016.
While in the case of Thevarat, Tassanee's driver, the Crime Suppression Division in coordination with Chiang Mai’s Provincial Police Regional 5 arrested for prosecution on 9 August 2016. So far the number of people who were subjected to the charge in the case of the letters was 13 in total. For Akkrapon, the owner of the publisher was released after the interrogation as no evidence was found to be related to the distortion of the draft constitution.
15 August 2016
Detention Phase II
Manager Online reported that the 33rd Military Circle Court denied all bail applications and had an order to carry on phase two of the detention without any adjustment.
A report from Nation Online said that the alleged offenders including Rangsan, former Pheu Thai MP for Lamphun, Sompoj former Pheu Thai MP for Lampang, Parinya, Deputy Mayor of Banthi district in Lamphun, and Suppakit, former party-list MP candidate of Mahachon Party who committed acts against the Criminal Code’s Section 116, Section 210 and of Referendum Act’s Section 61(2), (4), were brought in for an inquiry officer’s consideration before filing a case onto the 32nd Military Circle Court in Lampang. For the conducted offence, it was found to be allegedly linked with the group of 11 offenders who were earlier held in detention.
26 August 2016
Detention Phase III
Winyat Chatmontri, one of the lawyers in this case, posted on his personal facebook that the 33rd Military Circle agreed to grant a provisional release order to the 11 suspects during investigation process (Detention Phase III) by posting a bail bond of 100,000 baht on conditions that the offenders shall not leave the country unless permitted by the court, and shall not commit any acts in a manner to cause sedition, incitement or unrest to the society.
The military judge considered that each of the alleged suspects were assured with employment and permanent residence, plus the bond was credible and adequately provided. Also, the detention was already carried out during the investigation stage, therefore the offenders shall not have a chance to interfere with the evidence or commit any harmful act.
Post Today reported that Thevarat who was arrested the latest did not get released as he did not have a surety. Moreover, the owner of Nopburi Publisher, Akkrapon, was eventually arrested after the prior release as the officials found that his statement did not conform with the facts of the case. Hence, it was considered as concealment of information to the officials. Now there were at least 16 offenders charged in this case.
27 August 2016
The case’s lawyer, Winyat Chatmontri, revealed that the 33rd Military Circle Court just approved the temporary release order with bail to Thevarat during the case’s investigation stage (Detention Phase III) by imposing a bail amount of 100,000 baht.
1 September 2016
Lokwannee reported that Tassanee resigned from her post as the Deputy Chief Executive of the PAO which would be effective on 1 September 2016 due to the health problem. Citing that she needed to see the doctor frequently for treatments in order to get recovered, she then decided to resign from the post and temporarily withhold from political affairs to defend herself against the allegation to prove her innocence.
19 December 2016
Thai Lawyers for Human Rights reported that military court scheduled for deposition examination. While, Wisarut, the first arrest and the first defendant pleaded guilty, the military court considered to delivered its verdict altogethrt with other defendants.
The military prosecutor claimed to have 110 witnesses to testify and the defendants claimed to have 30 witnesses. Therefore, 140 names of witnesses were listed to be testified in this case.
Later, there were at least 8 witnesses examination in military court since May 2017 until July 2018. Everagely there were one trial within 2-3 months. Four scheduled were also postponed because the prosecutor's witnesses did not came to the court and the defendants' lawyer went to admit in a hospital. There are actually 4 witness examination which 7 witnesses has already testified.
This case also has many defendants, some of them asked the court to try the case without presence of them because they have many other responsibilities and could not appear at the court for all schedule. The military court allowed.
9 July 2019
Before the new cabinet was officially appointed to office after the election, the Head of NCPO isuued order no.9/2019 to revoke at least 78 NCPO orders and annoucements including stop trying civillians at military courts. The cases were ordered to transferred to normal court.
25 March 2020
Thai Lawyers for Human Rights reported that Chiang Mat Provincial Court scheduled to deliver a verdict. The court officers did not allow observers and relatives of defendants to attend the court room because they could not secure the measures to prevent infection of Covid 19. There were also many defendants who was sitting in a small court room.
Chiang Mat Provincial Court dismissed all charges against all 15 defendants. The court considered the content in the letters and sees a faithful criticism, not an incitement nor aggressive or rude. The letters do not create disaffection in the country and was only an expression for readers to readt and consider by their own. Therefore, the case does not conform with elements under Section 116 and the Referendum Act Section 61 paragraph 2.
The court also sees that the defendants did not have a meeting or created a plan together. The act under this case was only 'asking' for assistance to produce and post the letters, therefore the act does not conform with Section 209 and 210 of the Criminal Code. The case was dismissed and all exhibits shall be returned.
