Case

Case name

Satanont: Public assembly case from merit activity

Name of persons / Name of Media

Satanont

Status of Accused

No arrest pending investigation

Offense / order

Public Assembly Act 2015, Others (Land Traffic Act)

Summary

On 8 March 2017, a group of villagers who oppose Potash Mining in Sakon Nakhorn Province called "Rak Wanon Niwas" organized charity activity "A March to inform of merit" invited villagers to participate in a cultural activity to protect the community's river which set to be held on 12 March 2017. Later, on 27 March 2017 Sathanont member of the Rak Wanon Niwas Group was summoned to acknowledged charge under Public Assembly Act for not informed the authority regarding the organizing of public assembly

Later on 21 April 2017, Sathanont went to meet with the inquiry official and was informed of another for obstructed the traffic. The police filed both, charge under Public Assembly Act and charge under Traffic Act to the public prosecutor. Sathanont filed statement appeal for justice to the prosecutor, the prosecutor passed on his statement to the Office of Attorney General Region 4 to decide over the case. Sathanont set to hear the case order on 27 June 2017.

Basic information

Background of accused

Legal Claims

Being an organizer but fail to notify public assembly to the authority, Others (road blockading)

Form of restriction on freedom

Charge filed
Type of media

Public Assembly
Province

Sakon Nakhon
Court

Sawang Dandin Provincial Court

Details of offence according to charge

On the charge record, date 27 April 2017, Satanon was accused of organizing a rally on 8 March 2017 on 9.00 AM, whilst he failed to notify the rally to the local authority at least 24 hours in advance before the meeting, in compliance to the Public Assembly Act (PAA). On 27 March 2017, Satanon was additionally charged for obstructing the traffic under the Land Traffic Act. The detail of the charge is not available as Satanon has not received a copy of the charge record.

Circumstance of arrest

Satanon reported to the inquiry officer by himself to acknowledge the charges. There was no arrest.

Progress of case

8 March 2017

Rak Huay Thong Group organized a merit-making walk rally to invite community members to join the Prolong the Life of Huay Tong Creek Event on 12 March 2017.

24 March 2017

Thai Lawyers for Human Rights reported that around 4:00 pm, the police officer from Kamtha Kla brought the first and second warrants, which were issued by Wanonnivat Police Station, to be sent to Satanon's home in Kamtha Kla District, which is his civil registered address. The first warrant was dated 9 March 2017 and ordered him to meet inquiry official on 17 March 2017 at 09.30 hrs. The second warrant, dated 20 March 2017 and ordered Satanon to meet the inquiry official on the 24 March 2017 at 09:30 AM.

The warrants bear the name Pol. Capt. Pichai Sirikul, Deputy Chief Inspector, Wanonnivat Police Station who accused Satanon as an organizer of a protest against a potash exploration mission on 8 March 2017. Satanon was accused of failing to inform the rally to an official at the period of time prescribed by law, 24 hours in advance. Satanon was not in the area where he is supposed to be present to the police and he was not ready to do so. He designated his attorney to call the police to postpone the schedule to 27 March 2017 at 9.00 AM.

27 March 2017

The Isaan Record reported that Satanon met an inquiry official on the scheduled date. The Rak Amphoe Wanonnivat Group, accompanied and showed support to Satanon at the Wanonnivat Police Station. Satanon denies all accuses. His lawyers also brough two witnesses to give an affidavit to the inquiry official to ascertain that Satanon was not the leader who organized the rally. Satanon's attorney later said that the charges pertained his client’s role to oppose the potash exploration project.

After completing the process of acknowledging the allegations, the Rak Amphoe Wanonnivat Group people read the statement, which concluded that. On the day of the incident, the villagers simply organized a charity ritual which was not a public gathering. But the authorities prosecuted the group members for not notifying the rally. Let's call on the authorities to end the threat to freedom of expression as a right to community and human rights.

While Thai Lawyers for Human Rights reported that the inquiry official required Satanon to report to the police again on 21 April 2017, to transfer him to the public prosecutor. Satanon said that at the inquiry level, he was released without bail.

21 April 2017

Thai Lawyers for Human Rights reported that Satanon met the official inquiry at Wanonnivat Police Station as previously ordered by the inquiry official, who told him he would be brought to meet the public prosecutor.

However, when Satanon met the inquiry official, he was informed that he would be charged on obstructing road traffic, a charge under the Land Traffic Act.

Satanon found that the additional allegation was a harassment. He refused to sign the charge sheet while the police did not hand over a copy of the charge sheet to him. The next appointment to meet the public prosecutor was scheduled on 24 April 2017.

24 April 2017

Thai Lawyers for Human Rights reported that Satanon had met with the prosecutor in Sawang Daendin Provincial Public Prosecutor Office for a decision on a prosecution order, but the prosecutor informed Satanon that he would delay the indictment because, previously, Satanon petitioned to demand justice from the Provincial Prosecutor of Sawang Daendin, so the Fourth District Attorney has to consider the prosecution. The prosecutor informed Satanon that the Fourth District Attorney's Office would later make an appointment for Satanon to report and to hear if he is inducted on 27 June 2017.

26 June 2560

One day before the aforementioned appointment, Satanon called the Sawang Daendin Prosecutor's Office and was informed that the Sawang Daendin Provincial Prosecutor's Office had delayed the prosecutor's indictment order for another month to 27 July 2017, and informed Satanon that in the next 2-3 days before the appointment, he should call to confirm that the appointment is still on.

25 July 2017

Satanon informed us that the Sawang Daendin Provincial Prosecutor's Office postponed the prosecutor's indictment order announcement and reporting to 29 August 2017.

29 August 2017

Satanon posted on his personal facebook that the public prosecutored had postponed the schedule again to 28 September 2017 becuase the Fourth District Attorney has not yet returned the case file.

The Verdict

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