Case

Benja Apan, a member of United Front of Thammasart and Demonstration, was charged for Contempt of Court. She joined a protest in front of Criminal Court's building on 20 April 2021 calling for right to bail for at least 7 political detainees including her friend, Parit, who went on hunger strike in prison and having urgent health condition. On the day, Benja spoke on amplifier, read poets to judges, threw papers with names of people who signed the campaign calling for justice. She admitted doing such activity but denied it was a freedom of expression not a crime. The court ordered the maximum penalty for her which is 6 months in prison without any reduction. Benja was released on bail during appeal.

 

In this case, Benja submit a motion to Constitutional Court to consider whether the penalty of Contempt of Court is against Constitutional rights. She claimed that 6 month rate is unnecessary and disproportionate while such law in other countries do not carry this high penalty and the freedom was severely limitted. The Constitutional Court later ruled that it is constitutional.