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Case
Case name
Center for Referendum Watch - Ratchaburi
Disorderly assembly
Name of persons / Name of Media
Boriboon
Case status
คำอธิบายสถานะคดี ภาษาอังกฤษ
On trial in Court of First Instance
Status of Accused
Dismissed
Offense / order
Others (Defying Head of NCPO order no. 3/2558)
| Name of persons / Name of Media | Status of Accused |
|---|---|
| Sompong | Dismissed |
| Sayan | Dismissed |
| Watchara | Dismissed |
| Saithong | Dismissed |
| Somjitt | Dismissed |
| Kruewan | Dismissed |
| Jim | Dismissed |
| Badin | Dismissed |
| Suwit | Dismissed |
| Sroy | Dismissed |
| Jamroen | Dismissed |
| Pichet | Others (Enter Attitude Adjustment scheme instead of facing prosecution) |
| Uraiporn | Others (Enter Attitude Adjustment scheme instead of facing prosecution) |
| Naruemon | Others (Enter Attitude Adjustment scheme instead of facing prosecution) |
| Prapai | Others (Enter Attitude Adjustment scheme instead of facing prosecution) |
| Sureeporn | Others (Enter Attitude Adjustment scheme instead of facing prosecution) |
| Sanan | Dismissed |
| Yada | Dismissed |
| Wantana | Dismissed |
| Surin | Dismissed |
| Pongpatchara | Dismissed |
| Panuwat | Dismissed |
Summary
On 19 June 2016, the United Front for Democracy against Dictatorship (UDD) set for the opening of Center for Referendum Watch national wide to monitor possible fraud on the 7 August 2016 referendum.
One of the center was set up in Banpong district of Ratchaburi province. On the date about 20 person came to take a picture with banner of the center. Even though the activity at Banpong ran smoothly without intervention from authority like what happen in other province, later on someone went to report the case to the police.
As a result, 23 individual was summoned to acknowledge the charge under order of the head of NCPO no.3/2015 which prohibit the political gathering of 5 people and above.
Among 23 person who were accused 5 of them decided to enter in to Attitude Adjustment scheme. Their charge had been droped later on. Finally, only 18 person had to stand trial.
Initailly, the police filed this case before the military prosecutor of Ratchaburi Military Court, the military prosecutor later handded case file to prosecutor of Ratchaburi Municiple Court reasoned that this case was initailly started by the general public not the state authority.
On 22 June 2018, the prosecutor of Ratchaburi Municipal Court set to render case order to 18 accused person for the first time but it had postpone the rendering of case order. Afterward, the prosecutor postponed the rendering of case order for at least 8 times.
On 30 July 2019, the prosecutor filed the case against 18 defendants to the Ratchaburi Municipal Court even thought order of the head of NCPO no.3/2015 which was the only legal accusation in this case had been revoked.
Later, on 23 September 2019 the lawyer requested the court to adjudicate initail legal matter regarding the revocation of order of the head of NCPO no.3/2015 and requested the court to acquit charge against the defendants. The court later acquitted charge against the defendants in the same day.
Basic information
Background of accused
Panuwat is a student at faculty of political science, Mae Jo University. He joined a movement against SOTUS.
Boriboon is a leader of reshirt in Ban Pong District, Ratchaburi Province.
Athitaya Danmatam, a leader of Ban Pong District People's Democratic Reform Committee (PDRC) reported to the police.
Legal Claims
Disorderly assembly
-
Form of restriction on freedom
Charge filed
-
Type of media
Public Assembly
-
Province
Ratchburi
-
Court
Ratchaburi Municipal Court
-
Black case
คำอธิบายคดีดำ ภาษาอังกฤษ
Court: ศาลชั้นต้น No: อ.2639/2562 Date: 2019-07-30
Details of offence according to charge
All 18 accused gathered for an opening of Referendum Monitiring Center which is a political activity without a permission. This action was considered as a violation of Head of NCPO order 3/2558.
Circumstance of arrest
23 accused went to report to inquiry official. There is no arrest process.
Progress of case
19 June 2016
About 20 villagers of Ban Pong District, Ratchaburi Province gathered at a building to open the Referendum Monitoring Center. They took pictures together with a sign read “The Referendum Must Not Be Rejected, Not Be Corrupted, Not shame Burma”, and with another sign read “Referendum Monitoring Center”. On the sign, there were telephone numbers. So that people could call if they noticed something was inappropriate. The participants held thumbs up and shouted as if the activity was complete because the army did not show up.
A report came on the same day that Athitaya Danmatam, a leader of Ban Pong District People's Democratic Reform Committee (PDRC), appeared before the official inquiry. She filed a complaint against Boriboon and his members for political gathering of more than 5 persons. The complaint was about Boriboon and his members got together and raised the sign “Referendum Monitoring Center”, at 14/11, Soi Lang Nawakan Mansion, Ban Pong municipal area, without the permission of the Head of the NCPO or an authorized representative.
20 June 2016
Prachatai reported that the inquiry official issued summons of 10 people. Some of them were involved in taking pictures during the opening of Ban Pong District Referendum Monitoring Center. The charge, according to NCPO Order No. 3/2558 (3/2015), was assembling and political gathering of more than 5 persons, with placing the sign without the permission of the Head of the NCPO or an authorized representative.
Boriboon, one of those who were summoned, said that the day before opening the Center an official called and asked not to hold the activity. So on the day Boriboon and members only held up the sign read “The Referendum Must Not Be Rejected, Not Be Corrupted, Not shame Burma”. Then they had lunch together. All did not take long. Boriboon also mentioned that about half an hour after taking pictures the army and the police came to the place.
30 June 2016
Prachatai reported that one of the activists who was not summoned at first, now received the warrant to report to the inquiry official and to acknowledge the charge against NCPO Order No. 3/2558 (3/2015). It was the same charge pressed against those who were summoned before. This activist mentioned that all 15 people and himself were locals. But he was still a university student.
17 January 2017
Phanuwat, one of the accused, said that the inquiry official of Ban Pong Police Station set a schedule for all accused on 23 January 2016. He expected the inquiry official would file all to the prosecutor on the scheduled date.
23 January 2016
Hearing of judge advocate’s order
United Lawyers for Rights and Liberty posted on their Facebook page that the inquiry official took all accused to meet the judge advocate of 16th military circle, Ratchaburi Province. But the judge advocate rejected the case and asked to file with more substantial charges. Phanuwat, one of the accused, said that today 27 accused came to be filed. Phunuwat and 18 others were summoned by the army to acknowledge the charge, even they were informed already.
For additional charges, the official charged them for violating NCPO Order No. 7/2557 (7/2014), prohibition of political assembling. But the Head of NCPO Order No. 3/2558 (3/2015), No political gathering of more than five persons, which carried less punishment, was announced later. The judge advocate ordered the inquiry official to add this charge into the case.
Prachatai reported that the judge advocate ordered the inquiry official to ask the accused whether they would willingly attend “attitude adjustment” sessions for five to seven days. For those who would do so, the department in charge of the sessions would formally write to the Commissioned Duty Officer, explaining that the case had been closed due to the accused attended “attitude adjustment” sessions and the inquiry official would agreed not to issue a prosecution order against those who already attended the sessions.
