At least 6 individuals held imprisoned under Section 112 and 1 individual held imprisoned under Section 116 of the Criminal Code

After the precedent judgement of the Criminal Court in the case of Section 112 of “Anchan”, she was sentenced to 87 years in prison. The sentence was reduced by half to 29 years and 174 months in prison owned by Anchan’s plead guilty. Afterwards, the Court of Appeal issued an order not allowing bail out during the appeal. It is causing her to be incarcerated at the Central Women Correctional Institution again. As she had previously been held in prison for 3 years and 9 months during the hearings in the Military Court.

Anchan again became a section 112 prisoner, where she is not the only one currently in detention. However, there are still some prisoners of Section 112 who have not been acquitted since the NCPO era, they are also in detention.

According to the Thai Lawyer for Human Right’s follow-up, as of 21 January 2021, there were at least 6 prisoners held in prison due to charges under Section 112 of the Criminal Code, and there were those who were detained for charges under Section 116 of the Criminal Code, at least 1 prisoner. (This information does not include persons detained by Section 112 in connection with the impersonation for benefits which the TLHR has no definite information)

Apart from Anchan, there were at least 5 prisoners in connection with Section 112 of the Criminal Code, as follows:

1. Wichai, a former prisoner from Section 112 before Anchan. A salesman from a private company, which he was sentenced by the Military Court to 70 years of imprisonment for posting 10 messages. Pleaded guilty to a sentence of 30 years and 60 months of imprisonment. He has been in prison since 24 December 2015. It has been more than 5 years now and still not acquit.

2. Burin, a metal welder, who was Patnaree’s litigant, was accused of a chat message sent to ” Ja New’s mother ” and a message posted on his personal Facebook account. He was sentenced to two charges which was in total of 22 years and 8 months in prison. He pleaded guilty to a sentence of 10 years and 16 months in prison and is still imprisoned.

3. Prathin, who was arrested on the grounds that he was preparing to commit violence in the “Bike for Dad” activity, but instead he was accused of prosecution under Section 112 to 2 cases in relations to the talking in the prison, private line sending and writing in a personal journal. It was not related to the reasons that the authorities claim.

In both cases, Prathin insisted on defending the case until the transfer of the case from the Military court to the Khon Kaen Provincial Court. In previous late 2020, the Court sentenced him in both cases, wherewith one case sentenced him to 5 years in prison for charges under section 116 of the Criminal Code, although this charge was not filed in the first place. Another case was sentenced to 3 years and 4 months in prison for the charge under the Computer Crime Act. The charge of Section 112 of the Criminal Code was dismissed for both cases, Prathin had been in detention since November 2015, causing him to be in custody for 5 years and 2 months.

4-5. Preecha and Saroj, both who were accused in the case of burning a Chalerm Phra Kiat arched entrance in Khon Kaen Province. In early May 2017, before being sentenced by the Phol Provincial Court in Khon Kaen to dismiss the charges under Section 112, but sentenced to other charges. The total imprisonment for both persons is 12 years and 6 months and is currently not released.

In addition, there is also a case of Praphan, a 59-year-old former chiropractor, who was accused in the charge of distributing leaflets and owning shirts bearing the Thai Federation’s emblem under Section 116, and Section 209. Afterwards, being sentenced to 2 years in prison. Since 11 May 2019, she was detained at the Central Women Correctional Institution.

In the second half of 2020, there are prisoners of Section 112 cases, who had been held since the NCPO era, were released periodically due to accumulating of prisoners. The reduction of penalties was the issuance of a Royal Decree, the pardon was granted on the important occasion in the past several years and the latest Royal Decree was issued, regarding to the occasion of the King’s Birthday on 28 July 2020.

Many of people were imprisoned with severe judgments by the Military Courts, such as the case of Pongsak, which was sentenced by the military court to imprisonment for 60 years, reduced the punishment to 30 years. In the case of Sasipimol, the Military Court sentenced to 56 years in prison, reduced the sentence to 28 years, and they both were held in prison for more than five and a half years before being released at the end of the previous year.

Simultaneously, it remains to be observed that after the resurgence of intense enforcement of Section 112 against commentators on the monarchy since late 2020, including a part of the Section 112 cases transferred from the Military Court in the NCPO era, in which the Civil Court will gradually make additional adjudication. The question arises that would it lead to the enhancement in detention of “Political prisoners” in the future or not.

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