Press Release 19-31 March, witness examination in three cases by the Military Court | ศูนย์ทนายความเพื่อสิทธิมนุษยชน

Press Release

19-31 March, witness examination in three cases by the Military Court

including two lèse majesté cases

Lèse majesté cases (Article 112)

The case against Mr. Opat (last name withheld) for violation of Article 112 (lèse majesté) as a result of his alleged scribing graffiti in toilet (Black Case no. 11K/2558)

On 20 March 2015, at 8.30, the Bangkok Military Court will take evidence in the case against Mr. Opat (last name withheld) for violation of Article 112 (lèse majesté) as a result of his alleged scribing graffiti in toilet

On 15 October 2014, Mr. Opat was caught by a security guard of a department store to have scribed graffiti on the wall of toilet. The arrest against him was later made by military officials invoking Martial Law. He was brought to a press conference on 17 October 2014. After 84 days of being held in custody, the judge advocate of the Bangkok Military Courtindicted him with the court on 9 January 2015 as the Black Case no. 11K/2558.

Mr. Opat suffers from chronic diseases including diabetes retinopathy and is required to see the doctor every couple of months. The symptom gets worse when he is stressful and without laser treatment in time, it could have cost him his eyesight. His attorneys have applied for his bail four times, and none has been granted as the Court claimed that “The treatment system in the prison hospital is sufficient and effective enough to provide for the care.”
On 20 March 2015, at 8.30, the Bangkok Military Court shall take evidence from Mr. Opat and he needs to indicate either his intent to fight the charge or to confess. Should he plead guilty, the Court might simply announce the sentence against him immediately.

The case against Mr. Juaseng Kow, aka “Mr. Small Pundit Aneeya” for violation of Article 112 (lèse majesté) as a result of his expressing his opinions during a public meeting (Black Case no. 45K/2558).

On 31 March 2558, at 8.30, the Bangkok Military Court shall take evidence as he was indicted with the Military Court as a result of his expressing his opinions deemed as offence against Article 112.

On 26 November 2014, Mr. Juaseng brought his books to sell at a meeting of a political party in which a brainstorming session was conducted to develop proposals to submit to the National Reform Council (NRC). When the meeting addressed issues concerning the monarchy, Mr. Juaseng asked for permission to express his opinion. While espousing his opinion, he was nabbed by some plainclothes police officials and taken to the Sutthisan Police Station. His custody was filed with the military court on 28 November 2014. He was released on bail by placing 400,000 baht as deposit. On 19 February 2015, the judge advocate of the military court filed his custody at the Bangkok Military Court as the Black Case no. 45K/2558.

Mr. Juaseng was prosecuted on lèse majesté charge before. The case against him was reported to the police by the then Chairperson of the Election Commission of Thailand (ECT), Pol Gen. Wassana Permlap. He was accused of making comments and selling documents made by himself, the acts of which were deemed offensive to the monarchy. On17 February 2014, the Supreme Court upheld the verdict of the Lower Court and sentenced him to four years of imprisonment with suspended term for three years. He was required to report himself to the probation official for two years. At present, his suspended term still takes effect.

In this new case against him, the Bangkok Military Court is expected to take evidence on 31 March 2015 at 8.30to hear if Mr. Juaseng shall fight the charge or plead guilty.

Case stemming from refusal to turn oneself in as requested by the National Council for Peace and Order (NCPO)

The case against Mr. Pongsak for refusal to turn oneself in as requested for by the invocation of the NCPO Order no. 58/2557

On 19 March 2015 at 8.30, the Bangkok Military Court shall take evidence in the case against Mr. Pongsak who was indicted with the Bangkok Military Court as he has refused to turn himself in as requested for by the invocation of the NCPO Order no. 58/2557, an offence according to the NCPO Announcement no. 41/2557.

The arrest of Mr. Pongsak took place on 30 December 2014. He was held in custody invoking Martial Law before being brought to a press conference and having his custody filed with the military court on 7 January 2015 on two charges including his refusal to turn himself it and violation of Article 112 as a result of his facebook posting. Mr. Pongsak was the fifth accused in this lèse majesté case, apart from Mr. Chleaw Chankhet, Mr. Thanut aka “Tom Dundee”, Mr. Kathawuth and Mr. Sirapob Kornurut.

The Bangkok Military Court is expected to take evidence on 19 March 2015 at 8.30 to hear if Mr. Pongsak shall fight the charge or plead guilty.