Case

5 August 2019

 

 

A local government office organized a public hearing about the construction of a mine by the Sing Sila Thong Company Limited at a mosque located in Klong Yai subdistrict, Pa Bon district, Phatthalung  province. Under Article 56 of the Minerals Act B.E. 2560 (2017), the hearing is mandatory for mine operators who wish to obtain an operating license. As a person who has been monitoring the situation of mining, Ekkachai believed that the hearing must be open to the public, especially people from the affected communities, to participate and exchange their views about this development plan. Therefore, he decided to attend the hearing. He drove a car alone from his home to join the hearing. However, once he arrived, several unidentified men encircled him and asked him about his identity. Ekachai believed that the event was open to the public and did not anticipate any harassment. Therefore, he responded frankly that he is an ordinary citizen who has the right to participate in this hearing. 

 

 

After his response, the men confiscated his mobile phone, ID card, and personal car. They “abducted” him and held him in a resort hotel for four to five hours until the hearing was over. Before the men released him, they warned him against telling the media about what happened. They threatened him that they could not guarantee his safety otherwise.

 

 

 

13 August 2019

 

 

Mr. Ekachai and the civil society network filed a complaint to the Provincial Police Region 9’s Songkhla Office, urging police officers to conduct an inquiry into this incident. They also demanded the authorities to charge the perpetrators and other concerned parties for threatening and arbitrarily detaining Mr. Ekachai. Holding these individuals accountable could serve as a guarantee that Mr. Ekachai, his family, and community members living in the proposed site of the mining project would receive protection from extrajudicial violence and abuse of power. Moreover, they requested the police officers and other relevant government agencies to undertake measures to ensure the safety of Mr. Ekachai and his family during the investigation and court process. These measures should continue until the perpetrators were brought to justice.

 

 

Additionally, they requested the Patthalung Provincial Industry Office and the Department of Primary Industries and Mines to investigate the incident. The agencies were further asked to revisit their process of hosting a public consultation concerning the Sing Sila Thong Company Limited’s petition for an operating license to build a limestone mine (for the construction sector) at Moo 4, Klong Yai subdistrict, Pa Bon district, Phatthalung  province. Notably, Mr. Ekachai and the civil society network called for the process to comply with the spirits of the Constitution and other laws which intend to grant ordinary people the right to participate in decision-making and voice their concerns about a development project meaningfully.

 

 

 

October 2019

 

 

The Phatthalung  Provincial Public Prosecutor decided to indict Sompian and four other men under Article 309 of the Criminal Code for jointly extorting another person to do or not to do any act by putting Mr. Ekachai in fear of injury to his life, body, and liberty, of using force to coerce him to do any act, and of having five or more people participating in the arbitrary detention or deprivation of liberty.

 

 

4 November 2019

 

 

Sor Rattanamanee Polkla, the lawyer of Mr. Ekachai, filed a civil claim for compensation. She argued that the five defendants did not only violate the criminal law, which was the basis of the indictment. They also caused the following civil damages which amounted to THB500,000 in total:

 

 

First, the defendants deprived Mr. Ekachai of his liberty. They hindered him from attending the public hearing, forced him into the car, and detained him at the resort until he was released. As an injured party, Mr. Ekachai demanded compensation of THB250,000 for the loss of his liberty.

 

 

Second, the defendants caused physical and psychological damages to Mr. Ekachai. Their actions put him in shock and fear. He was deeply traumatized as the defendants subjected him to intimidation and arbitrary detention. They forced him to leave the public hearing, enter into the car, and stay in the resort room for several hours. Moreover, they threatened him before he was released. Accordingly, Mr. Ekachai demanded compensation of THB250,000 for these damages.

 

 

11 November 2019

 

 

The Court set a trial date for the defendants to testify on 11 November 2019.

 

 

The Court read and explained the indictment to the five defendants. All of them denied the charges. Defendant No. 1 stated that he attended the public hearing on the date of the incident, yet he was not involved in the alleged acts. He also claimed that he did not stay at the hearing until the end; he left early to speak with the journalists. Defendant No. 2 refused the allegation by claiming that he was at home and never met the plaintiff. Defendant No. 3 said that he was in Nakhon Sri Thammarat Province for delivering cows for a fighting match between 4 and 9 August 2019. Defendant No. 4 informed the Court that he went to the hearing after it had begun for a while. He claimed that he neither knew nor saw the plaintiff on that day. Defendant No. 5 said that he went to the hearing with Defendant No. 4 and did not commit any acts as accused in the indictment.

 

 

12 February 2020

 

 

At 2:00 pm, the NGO Coordinating Committee on Development (NGO-CCD) held a press conference about Mr. Ekachai Isarata, a human rights defender serving as the NGO-CCD’s Secretary-General at both the regional and national levels. Following the abduction and arbitrary detention of Mr. Ekachai during the public hearing on the limestone mining project in Phatthalung  province, the committee called for the actions below

 

 

First, Mr. Ekachai Isarata should receive state protection as a witness in the case of abduction and arbitrary detention against himself during the public hearing concerning the Sing Sila Thong Company Limited’s petition for an operating license to build the Khao Noi limestone mine at Moo 4, Klong Yai subdistrict, Pa Bon district, Phatthalung  province. His safety must be fully guaranteed during and after the trial process.

 

 

Second, the government must monitor and investigate all mining concession projects in every region across the country. They must examine whether local communities in the project sites face intimidation, harassment, or other kinds of grievances or not. Additionally, they need to undertake stringent measures to prevent or suppress such human rights violations.

 

 

Third, the government must revoke the current Thai Minerals Management Master Plan and draft a new one. The drafting process must ensure meaningful public participation in determining new areas of mineral deposits under Article 17(4) of the Minerals Act B.E. 2560 (2017). Moreover, the mining activities shall not pose any challenges or obstacles to the preservation of the environment, various national resources, watershed areas, spring forests, and cultural and archaeological sites.

 

 

18 February 2020

 

 

The Court set a trial date for the examination of prosecution witnesses to testify on 18 February 2020.

Before the examination of prosecution witnesses began, the five defendants requested the Court to rescind their plea and confessed to all charges. Therefore, both parties did not wish to pursue a witness examination for the criminal lawsuit. For the civil lawsuit, both parties negotiated and agreed that the five defendants would provide compensation of THB250,000 to Ekachai. The defendants asked for a one-month grace period for them to obtain the money. Therefore, the Court postponed the verdict hearing for both the criminal and civil cases at the same time on 23 March 2020.

 

 

23 March 2020

 

The Court scheduled to deliver its verdict on 23 March 2020. At 1:00 pm, the Phatthalung  Provincial Court scheduled to deliver its verdict. The five defendants and their family members started to arrive at the Court at around 12:30 pm. Later, at 1:35 pm, the judge arrived and asked Ekachai and the police officer tasked to provide protection for him as well as the five defendants and two other police officers in uniform to enter the courtroom. Two security guards affiliated with the Court stood in front of the courtroom, barring others who were not parties of this case from entering. The defendants’ family members were also prohibited from listening to the verdict.

 

 

At 1:40 pm, the Court ordered both parties to stand up and delivered the verdict, which ruled that the defendants were guilty as charged. Each of them was subject to different prison sentences and fines as follows:

 

 

• Defendant No. 1 was sentenced to one year in prison and a fine of THB20,000. However, the Court reduced his sentence by half because he admitted the guilt, so he was subject to six months in prison and a fine of THB10,000

 

 

• Defendants No. 2 - 5 received a sentence of one year’s imprisonment and a fine of 10,000 THB. Their sentences were also reduced by half because they admitted the guilt, leaving them with six months in prison and a fine of 5,000 THB.

 

 

Nevertheless, all the defendants needed to pay the compensation of THB250,000 for the damages they inflicted on Mr. Ekachai’s liberty, body, and reputation. The Court also suspended their prison sentences for two years by putting them on one-year probation.