Bail money for political cases related to rights to freedom of expression and assembly exceeds 30 million baht (one million USD)

Between 18 July 2020, the first Free Youth rally, and 22 July 2021, a total of 34,509,500 baht (approx. 1,049,942 USD)^[1] were paid to the court as bail surety for 582 times for 404 individuals in 167 cases.^[2] Such high amounts of surety money illustrate the overburdening costs put on those charged from exercising civil and political rights to afford the right to bail.

Of the 404 individuals charged and prosecuted, there are 313 male, 66 female, and 25 LGBT+ respectively. The prominent charges that require deposit of money as bail surety are the Article 112 of the Thai Criminal Code, submitted for 91 times in 66 cases, Article 116 of the Thai Criminal Code, submitted for 51 times in 9 cases, and the breach of Emergency Decree, submitted 355 times in 49 cases.

(Times as in a numbers of the submission of bail request made upon a person in a case. The submissions of bail requests can be made for several times for one person in one case.)

The individuals, who are charged or prosecuted from exercising their rights to freedom of expression and assembly, are likely to be detained during the police inquiry stage or while pending trial approved by the Court. In essence, access to bail is subject to a promise to comply with the terms of the release, in particular with the huge amount of deposit of money as a surety.

The total amount of bail surety as of 22 July 2021 in both the inquiry stage and trial stage.

Bail during the inquiry stage, the deposit of money has been spent for 247 times in 85 cases totaling 14,629,000 baht. The prominent charges are Article 112 of the Thai Criminal Code for 36 times in 35 cases, The breach of Emergency Decree for 149 times in 28 cases, and Article 116 of the Thai Criminal Code for 24 times in five cases. The amount of money used as bail surety are 5,438,000-baht, 5,273,000-baht, and 2,960,000-baht respectively.

For bail during the pending trial in Court stage, the deposit of money has been spent 334 times in 81 cases totaling 19,780,500 baht. The prominent charges are Article 112 of the Thai Criminal Code for 55 times in 31 cases, The breach of Emergency Decree for 206 times in 21 cases, and Article 116 of the Thai Criminal Code for 27 times in four cases. The amount of money used as bail surety are 10,045,000-baht, 5,817,500-baht, and 1,265,000-baht respectively.

The deposit of money as a bail surety has been possible due to the fund raised by the following citizens’ initiatives; The People’s Will Fund (Ratsadon Prasong) and In The Name Of Peace And Order Fund. Some of the cases received bail surety in form of the positions of professors or civil servants, of which appraisal is 3,643,000 baht (approx. 110,864 USD) spent 68 times in 65 cases during the inquiry stage, and 3,875,000 baht (approx. 117,925 USD) spent 40 times in 5 cases during the trial stage. In addition, some cases used the defendants’ own properties as a surety.

Bail money for cases of Article 112 of the Thai Criminal Code

For the cases of Article 112 of the Thai Criminal Code, the highest deposit of money as a bail surety in the inquiry stage is 200,000 baht (approx. 6,088 USD) and the lowest is 90,000 baht (approx. 2,739 USD). And during the trial, the highest deposit of money is 300,000 baht (approx. 9,133 USD) and the lowest is 90,000 Baht (approx. 2,739 USD). In addition, for minors who are charged with Article 112, the highest deposit of money in the inquiry stage is 20,000 baht (approx. 608 USD) and the lowest is 8,000 baht (approx. 243 USD). And during the trial, currently, there is only one minor prosecuted with Article 112 which was granted bail with 5,000 baht (approx. 152 USD) as a surety.

Regarding the Article 110 of Thailand’s Criminal Procedure Code, in the case having the maximum imprisonment exceeding five years upwards^[3], a person to be provisionally released must provide bail and may also be demanded to provide security. However, in other cases^[4], the provisional release may be granted either without bail or with bail and security. Also, the bail or security must not be demanded in excess of necessity, subject to ministerial regulation or regulation of the President of the Supreme Court of Justice.

The amount of money used as a surety imposes financial burden on the defendants, particularly on the youths and students who could not afford the sum demanded for bail. The inability for them to come up with the sum may result in detention unjustly and unnecessarily. Requiring money as a surety for bail in the cases relating to exercising the rights to freedom of expression and assembly is also highly concerning. Even the deposit of money is returned in case the prosecutor decides not to file a case or if the court dismisses the case, it still imposes economic burden on the individuals and constraints on the rights to freedom of expression and assembly from the beginning.

[1] The currency exchange rate of 21 July 2021 is 1 THB equals 0.030 USD. In addition, on 23 July 2021, Nawat Liangwattana, who was charged with Article 112 of the Thai Criminal Code in the case of partaking the rally held on 26 October 2020 in front of the German Embassy, will be hearing the prosecution order.

[2] According to Thai Lawyers for Human Rights, between 18 July 2020 to 22 July 2021, at least 732 individuals have been filed lawsuits in 400 cases. Among the numbers, 620 individuals in 337 cases are represented by TLHR.

[3] Article 112 of Thailand’s Criminal Code (lèse-majesté – insulting or defaming the monarchy): “Whoever defames, insults or threatens the King, the Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to fifteen years.” Article 116 of Thailand’s Criminal Code: sedition, shall be punished with imprisonment not exceeding seven years.

[4]Charges that have less than 5 years of maximum imprisonment as the breach of Emergency Decree, a person shall be punished with imprisonment not exceeding two years or a fine not exceeding forty thousand Baht,or both.