5 Thalufah activists charged in 4 cases, splattering paint color at Thung Song Hong Police Station-Phalang Pracharat headquarters – Bhumjaithai headquarter – casting candle, before denying Pai’s bail citing that he committed harmful acts

On 9 August 2021 at 9.00 hr., “Pai” Jatupat Boonpattararaksa and Tawee Tiangviset, pro-democracy activists from “Thalufah” group, surrendered themselves to the police officers at Thung Song Hong Police Station according to the arrest warrant issued by the Ratchada Criminal Court no. 1253/2564 and 1255/2564, respectively, dated 4 August 2021. They were charged with the violation of the Emergency Decree, Section 360 (causing depreciation in values) and Section 215 (gathering of 10 persons upward) of the Thai Criminal Code, stemming from splattering paint color at Thung Song Hong Police Station on 3 August 2021 after being released temporarily from detention related to the case of rally in front of the Royal Thai Police Sports Club.

While Jatupat and Tawee were reporting to the inquiry officers, the members of Thalufah group showed up to boost both activists’ morale. At approximately 10.30 hr., Songphol Sonthirak, a member of Thalufah group and who was boosting morale of activists turning themselves in at the Khlong Ha Police Station, and “Mike” Panupong Jadnok were arrested by the investigating police officers from Thung Song Hong Police Station according to the arrest warrant. They were taken to Thung Song Hong Police Station later on.

In the meantime, Nawaphol Tonngam and Jittrin Phalakantrong, activists from Thalufah group came to boost Jatupat’s morale, were informed of their charges related to the same aforementioned cases.

After being informed and having refuted the charges pressed against them, the inquiry officers submitted a detention motion of Jatupat, Tawee, and Songphol, who were issued arrest warrants against, to the Ratchada Criminal Court via video conference. The officers made an objection for the temporary release of Jatupat. For the other two, Nawaphol and Jitrin, the objections were not made against them.

At 17.00 hr. approximately, Chanathip Mueanphawong, a Deputy Chief Justice of the Criminal Court, ordered to deny bail granted to Jatupat, citing that “considering that the first alleged offender has several similar ongoing prosecutions with temporary release granted from the Court with conditions prohibiting the first offender committing similar allegations or not to cause public disorder. However, the first alleged offender breached the conditions that the inquiry officers submitted a bail revocation letter to the public prosecutor to have the first alleged offender’s, who was granted bail by the court, bail revoked. There are plausible reasons that if he were to be released, he would pose a flight risk or could cause further harms. Therefore, the first alleged offender shall not be granted bail.”

Tawee and Songphol were temporarily released on bail with 35,000 baht as a surety.

The allegations in this case stem from the incident after 3 August 2021, when Jatupat was released on bail by the Central Criminal Court for Corruption and Misconduct Cases (CCCM). It was the following incident after participating in the demonstration in front of the Royal Thai Police Sports Club on 2 August 2021, demanding the release of the driver who had been arrested after #Mob1Aug. or #Carmob expelling the Prime Minster, Gen.Prayut Chan-o-cha.

After having bail granted and transferred from the Border Patrol Police Region 1 to Thung Song Hong Police Station to make a daily record and be released, Jatupat and Thalufah activists sprayed and splattered paint color on the sign of Thung Song Hong Police Station as a symbolic expression.

On the same day of August the 9^th at Thung Song Hong Police Station, the police officers from Bang Khen Police Station, also, shown arrest warrants issued by the Ratchada Criminal Court to Jatupat, Songphol, Nawaphol, and Jittrin. The allegation was related to the #Mob30Jul., traveling to Bhumjaithai headquarter to submit a government coalition withdrawal letter and splattered red paint color at the fence of the headquarter as a symbolic expression, meaning the blood and flesh of people and those who died due to the failure of the government’s management on COVID-19.

In the meantime, the inquiry officers from Phaholyothin Police Station informed charge, the violation of the Emergency Decree, stemming from two cases, one was Jatupat and Nawaphol, and the other was Nawaphol and Jittrin. The former stems from casting candles rally held at Lad Phrao Intersection on 23 July 2021. The latter stems from traveling to Phalang Pracharat headquarter to submit a government coalition withdrawal letter, splatter red paint color, and burned Prayut effigy as a symbolic expression on 30 July 2021.

Inquiry officers from Bang Khen Police Station submitted detention motions on 4 individuals. Afterwards, Chanathip ordered to deny bail granted to Jatupat, citing similar reasons given to the case arisen at Thung Song Hong Police Station, and to grant bail to other three individuals with 35,000 baht as a surety.

Three accusations in the case of giving a speech and splattering paint color at Thung Song Hong Police Station.

The inquiry officers informed the accusation related to the case of splattering paint color at Thung Song Hong Police Station that on 3 August 2021, the inquiry officers conducted an investigation on the government opposition group named Thalufah led by Jatupat Boonpattararaksa planning to hold a rally in front of Thung Song Hong Police Station welcoming detained Thalufah activists home. At 16.30 hr., the Thalufah protestors organized a rally at the incident site and gave a speech attacking the failure of government’s management and the police stating as a dictator’s slave. At the rally, at least 50 individuals participated.

Before the protestors left, Jatupat had told them to splatter paint color on the sign of Thung Song Hong Police Station, located on the wall of the first building at the East side and the entrance area of the police station. Consequently, the act caused depreciation in the value of state’s properties. Pol.Col. Phuwanai Senawut, a superintendent (inquiry division) of Metropolitan Police Division 5 acting on behalf of superintendent of Thung Song Hong Police Station, authorized Pol.Maj.Yossawat Sakulwattana, an inquiry inspector of Thung Song Hong Police Station, to lodge a complaint for legal proceedings.

The inquiry officer informed Tawee, Songpol, Nawaphol, and Jittrin of their three charges; Section 360 of the Thai Criminal Code, Any person who damages, destroys, causes depreciation in value or renders useless a thing used or provided for public benefit; Section 215 of the Thai Criminal Code, If ten or more persons assemble and commit an act of violence, threaten to use violence or commit any act to cause a disturbance in the country; and the violation of the Emergency Decree, the assembly or gathering of persons at any place or the commission of any act which may cause risk of the spread of the disease.

In addition, the officer informed Jatupat of his four charges; Section 360 of the Thai Criminal Code, Any person who damages, destroys, causes depreciation in value or renders useless a thing used or provided for public benefit; Section 215 of the Thai Criminal Code, If ten or more persons assembleand commit an act of violence and the alleged offender is the leader or the person in charge of directing the commission of such offence, threaten to use violence or commit any act to cause a disturbance in the country; the violation of the Emergency Decree; and using a sound amplifier without permission.

In the arrest and investigation stage, the alleged offenders refuted the charges Before the officer submitted detention motions to the Court, Jatupat, Tawee, and Songpol oppose to sign the arrest record, citing that both of them turned themselves in not that they were arrested.

Bang Khen Police officers shown arrest warrant to “Pai” and other three Thalufah activists related to splattering paint color on Bhumjaithai headquarter.

The police officers from Bang Khen Police Station shown arrest warrants issued against Jatupat, Songphol, Nawaphol, and Jittrin which is related to the case of the rally on 30 July 2021, submitting a government coalition withdrawal letter at the headquarter of Bhumjaithai party. The inquiry officers informed the allegations to the four activists stating that on 30 July 2021 at 10.00 hr., Jatupat Boonpattararaksa and members of Thalufah planned to stage a rally ate headquarter of Bhumjaithai party in order to submit a government coalition withdrawal letter. During the rally, people posted stickers with pictures of Gen.Prayut Chan-o-cha and Gen.Prawit Wongsuwan and with statements saying “BhumjaiTu”, “Kuay”. Also, red paint color wrapped in plastic bags were thrown towards the sign, the fence, and the entrance door of the headquarter causing damages.

During the time that the alleged offenders were committing offenses, the superintend of Bang Khen Police Station ordered the protesters to disperse, somehow, the protesters failed to do so by constantly committing the mentioned allegations and giving a speech via sound amplifier set up on the car without permission. This resulted in obstructing one lane on Phaholyothin road. Afterward, the protesters hung and burned effigy with Gen.Prayut face in front of the headquarter.

The inquiry officers informed Nawaphol and Jittrin of their five charges; the violation of the Emergency Decree; Section 215 of the Thai Criminal Code, If ten or more persons assembleand commit an act of violence, threaten to use violence or commit any act to cause a disturbance in the country and is the leader or the person in charge of directing the commission of such offence; Section 216 of the Thai Criminal Code, fails to disperse after a competent official has ordered; Section 12 of Act on the Maintenance of the Cleanliness and Orderliness of the Country, scrape, chip, scratch, write, spray paint or make it appear in the public place; and using sound amplifier without permission.

And Jatupat and Songphol was informed of their additional charge, totaling six charges, which is making an obstruction on the public path disrupting the safeness and traffic.

All of them refuted in the arrest and inquiry stage. Jatapat and Jittrin did not sign their names in the arrest record, stating that they turned themselves in not that they were arrested.

Phahol Yothin Police officers informed charges in 2 additional cases, splattering paint color-burning Prayut effigy in front of Phalangpracharat headquarter and casting candles

Inquiry officers from Phahol Yothin Police Station informed charges, the violation of emergency decree, in other two cases.

For the first case, the inquiry officers informed Jatapat and Nawaphol of their charges stemming from the casting of candles at Lad Phrao Intersection. The allegation was that, in prior to the incident, Jatupat, the leader of Thalufah group, announced the gathering of “Casting candles, making a country’s merit, expelling the wicked, and get out” at Lad Phrao Intersection on 23 July 2021 at 16.00 – 18.00 hr. Afterwards, Jatupat and the group organized the rally at the place of incident. Pol.Lt.Col.Sakchai Kraiveeradechachai, deputy superintendent of Phahol Yothin Police Station, announced the regulations and announcement according to the Emergency Decree and Bangkok Metropolitan Administration. Also, he ordered the group to disperse, however, the alleged offender and his group still gave a speech and sang songs continuously until the leader put it to an end.

The inquiry officers informed two of them of their two charges, the assembly or gathering of persons at any place or the commission of any act which may cause risk of the spread of the disease and using sound amplifier without permission. They refuted those charges and were not detained by the inquiry officers.

For the second case, the inquiry officers, Pol.Lt.Col. Sakdinat Noochong and Pol.Maj,Kittisak Joosakulwijit, inspector (inquiry) of Phahol Yothin Police Station, informed Nawaphol and Jittrin of their charges. The charges stemmed from the announcement of gathering on Thalufah Facebook page to submit a government coalition withdrawal letter to government coalition parties, e.g., Bhumjaithai party, Phalangpracharat party, and Democrat party on 30 July 2021 starting at 10.00 hr. onwards in front of.Bhumjaithai party headquarter.

At 11.40 hr., Thalufah group led by Nawaphol leading 30 people to gather in front of Phalangpracharat headquarter to submit the letter to the party, demanding the withdrawal of coalition government. In the rally, sound amplifier was use as a mean to give a speech, powder sprinkling, stickers posting and the call demanding the party leader or secretary to fetch the letter.

When the leader of Phalangpracharat party did not came out to fetch the letter, people were told to throw paint color wrapped in plastic bag towards the sign of Phalangpracharat and went through the barb wires into the area of Phalangpracharat Party to throw and splatter red color wrapped in plastic bag towards the sign inside.

Pol.Col. Prasopchoke Liampinij, superintendent of Phahol Yothin Police Station, demanded the people that were gathering to disperse, but they failed to do so by continuously throwing and splattering red color towards the sign. In addition, they burned the effigy until Phalangpracharat party’s representative came out to fetch the letter.

The inquiry officers informed Nawaphol of four charges; violation of the Emergency decree, assemble; Section 215 (3) of the Thai Criminal Code, If ten or more persons assembleand commit an act of violence and the alleged offender is the leader or the person in charge of directing the commission of such offence, threaten to use violence or commit any act to cause a disturbance in the country; Section 216 of the Thai Criminal Code, fails to disperse after a competent official has ordered; and using sound amplifier without permission.

And the officers informed Jittrin of four similar charges, without stating the alleged offender is the leader or the person in charge of directing the commission of such offence.

Nawaphol and Jittrin refuted all of their four charges and will statement within 30 days. The officers did not submit detention motion.

The inquiry officers object bail granted to “Jatupat” citing the breach of bail conditions set by CCCM, not to cause public disorder.

After informing the charges, inquiry officers from Bang Khen Police Station submitted detention motion of Jatupat, Jittrin, Nawaphol, and Songphol to the Ratchada Criminal Court, citing that they had to examine 10 witnesses more and waited for the result of fingerprints.

For the inquiry officers from Thung Song Hong Police Station, they submitted detention motions of Jatupat, Tawee, and Songphol to the Ratchada Criminal Court in the case of splattered paint color towards Thung Song Hong Police Station on 3 August 2021 after being temporarily released in the case of rally in front of the Royal Thai Police Sports Club, citing that they had to examine 6 witnesses more and waited for the result of fingerprints.

The inquiry officers from both of the police stations object the bail granted to all of the alleged offenders. Among them, Jatupat, the inquiry officers cited the similar reasons that Jatupat had several ongoing prosecutions and inquiry officers from Chanasongkhram Police Station, once, submitted a letter of bail revocation of the public prosecutors, the Office of the Attorney General.

The other reason of objecting the bail was that they posed a flight risk and showed no fear of the law. The breach of bail conditions stemmed from the rally in front of the Royal Thai Police Sports Club in which Jatupat demanded Thung Song Hong police officers to release drivers of sound amplifier. the Central Criminal Court for Corruption and Misconduct Cases (CCCM) granted bail to Jatupat under the conditions of not causing public disorder or committing similar allegations. However, Jatupat did not abide by the conditions set by the Court as he gathered in front of Thung Song Hong Police Station to berate and announce to be nemesis of the arrest and inquiry officers. Therefore, the inquiry officers deemed the acts as threatening and tampering evidence, and committing harmful acts other than the rights stated in the Constitution. There are plausible reasons that the investigation will be obstructed.

Also, the inquiry officers stated in the motion that Jatupat tended to commit similar allegations. There are plausible reasons that Jatupat will commit the same allegation if he were to be released.

At 17.00 hr., the Court denied bail granted to Jatupat citing that “considering that the first alleged offender has several similar ongoing prosecutions with temporary release granted from the Court with conditions prohibiting the first offender committing similar allegations or not to cause public disorder. However, the first alleged offender breached the conditions that the inquiry officers submitted a bail revocation letter to the public prosecutor to have the first alleged offender’s, who was granted bail by the court, bail revoked. There are plausible reasons that if he were to be released, he would pose a flight risk or could cause further harms. Therefore, the first alleged offender shall not be granted bail.”

Despite the denial of bail granted to Jatupat, the Court granted bail to Tawee and Songphol regarding the case of splattering paint color towards Thung Song Hong Police Station with 35,000 baht as surety. Also, Nawaphol, Songphol, and Jittrin were granted bail regarding the case of splattering paint color towards Bhumjaithai headquarter with 35,000 baht as surety with bail condition set for Nawaphol and Jittrin, stating “not to commit similar allegation, not to incite or participate any activities causing public disorder or other harms”.