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Case
Case name
Sirawit invite people to sign petition against selected senators
Disorderly assembly
Name of persons / Name of Media
Sirawith
Case status
คำอธิบายสถานะคดี ภาษาอังกฤษ
On trial in Court of First Instance
Status of Accused
Others(Release without bail bond)
Offense / order
Public Assembly Act 2015
| Name of persons / Name of Media | Status of Accused |
|---|---|
| Thanawat | Others (Release without bail bond) |
| Wittaya | Others (Release without bail bond) |
| Sarawut | Others (Release without bail bond) |
| Somsin | Others (Release without bail bond) |
| Mayuree | Others (Release without bail bond) |
| Jitsajee | Others (Release without bail bond) |
Summary
On 16 May 2019, a group called ‘Startup people’ led by Sirawich and Thanawat held an event at Por-Khun-Meng-Rai monument park, Chiang Rai for inviting people to sign their names and leave messages to 250 senators, which were selected by National Council for Peace and Order (NCPO). In order to require them not to vote for Prime Minister, which is the people’s will.
From that action, the police officer issued a summon to seven participants to inform an accusation. Due to the fact that they did not notify authorities under the Public Assembly Act. Presently. On 5 May 2020, the prosecutor filed charge against all defendants to the Chiang Rai Municipal Court. Later, on 1 June 2020 all defendant pleaded no guilty to the court, witnesses examination will be proceed from 26 to 28 August 2020.
Basic information
Background of accused
Sirawich or “New” comes from his hometown in Nakhon Ratchasima Province. He graduated from the faculty of political science, politics and government branch ,Thammasat University. During the first two years in university, he worked in the student council prior to joining the group called ‘Saphanadome' (สภาหน้าโดม). More than that, he used to be a leader to call for a fair price of food in university canteen.
After the coup d'etat in 2014, Sirawich joined and hosted many activities against the coup d'etat and the NCPO. He was charged under the NCPO announcement No. 7/2557 and the NCPO order No.3/2558 from doing campaign for election at BACC and taking a train to Ratchapakdi park. Besides, he was charged under the Maintenance of the Cleanliness and Orderliness of the Country Act from the post-it sticking around the Chong Nonsi Skywalk in order to require the NCPO to release those who were arrested by the NCPO in April 2016.
Thanawat comes from Chiang Mai. At the time of circumstance, he was studying at the faculty of Economics, Chulalongkorn University. He used to be the student president , but resigned his position on 19 November 2018 for protesting against members of the Chulalongkorn University Council who refused to submit their assets and liability report to the National Counter Corruption Commission (NACC).
Wittaya, the former candidate for Chiangrai mayor and the head of group called 'Jiang Hai love Democracy' (คนเจียงฮายรักประชาธิปไตย)
Sarawut, the owner of a glasses shop in Chiangrai Province. His oldest child was 5 years old and his second one was just 3 months old. Sarawut joined the red shirt protests in 2010. Afterthats, he has been actively following Thai politic all along and mostly expressed his opinion through online platforms or posted the satirical video on his Facebook.
After the 2014 coup d'etat, Sarawut was arrested by the military officer and was taken to military camp for 7 days. He was charged under defying the NCPO’s order No.7/2014 ‘Prohibiting political assembly’ from the event that he and his friends showed a sign demanding military to release the activists who ate Mcdonald against the coup d'etat. In this case, military court in Chiang Rai read a verdict on 14 August 2014 found guilty and sentenced him to 6 months in prison with a 10,000 baht fine. Since the defendant pleaded guilty, the court gave a half reduction sentence to 3 months in prison with a 5,000 baht fine. More than that, the case has a reasonable mercy to give the defendant an opportunity to become a good citizen, the court also suspend the prison sentence for 1 year.
Somsin, the head of 'Red Shirts in Mae Jan' (คนเสื้อแดงแม่จัน) group.
Mayuree, an activist.
Jitsagee, the owner of a barber shop in Amphoe Muang, Chiang Rai province. She has done this career for more than 20 years. She has 2 children and the youngest daughter still in the university in Chiang Rai. Jitsagee has been interested in politic since she was a teenager. During the 6 October 1976 incident, she lived in Bangkok. Although, she did not join the incident, she can see the light of the gun from rooftop of her building. Her impression of violence and cruelty on students led her to question the injustice in the country. Once she grew up, she has been paying attention to political issues and had a chance to join the red shirt protest in 2009. On Valentine's day, Jitsagee came to Chiang Mai and saw an activity news from her friend on Facebook, so she decided to join the activity which is held in front of Chiang Mai University. Later, she was arrested from this participation.
Legal Claims
Disorderly assembly
-
Form of restriction on freedom
Charge filed
-
Province
Chiang Rai
-
Court
Chiangrai Municipal Court
-
Black case
คำอธิบายคดีดำ ภาษาอังกฤษ
Court: ศาลชั้นต้น No: อ.680/2563 Date: 2020-05-05
Details of offence according to charge
Thai Lawyer for Human Rights (TLHR) summarised the complaint from public prosecutor as follow;
Accoeding to Public Assembly Act, Prime Minister has issued an announcement for Prime Minister's Office on the procedure to inform of public assembly and has already issued in the Royal Gazzete. The 7 defendants acknowledged such procedure.
Later, on 16 May 2019, the seven defendants organised an assembly to waken the conscience of those selected senators to not vote for new prime minister. It was an assembly without advance notification to authorities for 24 hours. Therefore, it was a violation of law.
Progress of case
16 May 2019
At Phor-Khun-Meng-Rai monument park, Chiang Rai, ‘Startup People’ group led by Sirawich and Tanawat held an event inviting people to sign their names and leave messages to 250 senators which selected by the NCPO required them not to vote for Prime minister.
June 2019
The police officer issues a summon to the 7 protesters in order to acknowledge the accusations on 11 June 2019
5 May 2020
Prosecutor order
Thai Lawyers for Human Rights (TLHR) reported that the prosecutor of Chiang Rai Municipal Court appointed all 7 accused to hear the order. As the prosecutor’s order that the accused should be prosecuted, they were taken to detain at the court detention during the prosecution.
While the prosecutor was proceeding the case, the defense lawyer asked for their release without bail giving a reason that this case carries only a fine punishment and all defendants were just a common person that they could not interfere the evidence.
After the court accepted the complaint, then asked for the defendants' plea through a video conference system. All 7 defendants denied. After that the judge ordered all 7 defendants to swear and then released them without bail. Later, the judge scheduled the date for rights protection on 25 May 2019 and deposition examination on 1 June 2020.
TLHR indicated that all 7 defendants have to see the prosecutor just only sign their names on postponement of appointment’s orders. There were more than 10 times that the defendants had to do this until the prosecutor agreed to make a prosecution, which was a burden for all defendants.
