On 9 August 2021 at the Thanyaburi Provicial Court, 9 pro-democracy activists were denied of their bails regarding the rally demanding the release of Thalufah members in front of the Border Patrol Police Region 1. 32 Thalufah members were arrested during the rally “release our friend, return democracy” in front of the Police Sport Club demanding the release of the three drivers of sound amplifier in the rally held by the People and the return of sound amplifiers that were seized on 2 August 2021.
Regarding the case, at least 9 individuals were charged at Khlong Ha Police Station. The Thanyaburi Provincial Court issued arrest warrants against them dated 3 August 2021. The arrest and surrenders can be categorized into three groups according to the date and time.
- Sam Samat was arrested during the rally held on 7 August 2021 at Sam Liem Din Dang on 7 August 2021
- “Penguin” Parit Chiwarak, “New” Sirichai Natueng, “Fah” Promsorn Viradhammajair surrendered themselves at the Royal Police Headquarter in Bangkok, and Nutchanon Pairoj was arrested in front of the Royal Police Headquarter while on his way to surrender himself on 8 August 2021
- “Poon” Thanapat (surname withheld), “Mike” Panupong Jadnok, Chatchai or Thatchapong Kaedam, and Panudda Sirimassakul or “Tong Thalufah” surrendered themselves at Khlong Ha Police Station on 9 August 2021.
During the night of 7 August 2021, Parit posted on his Facebook that he would turn himself in at the Royal Police Headquarter on 8 August 2021 after he was monitored by the police officers. Also, other activists were monitored, e.g., Promsorn received an arrest warrant on 4 August 2021 but not yet arrested, and Sirichai was visited by plaintiff officers at his dorm in the university and noticed the car parking and carrying a similar plate that was used on the day he was arrested in the early 2021.
Later on the same day, before Parit’s arrangement to turn himself in at 12.58 hr., Nutchanon was arrested by the police officer in front of the Royal Police headquarter and was shown of his arrest warrants no. 469/2564 issued by Thanyaburi Provincial Court while on his way to turn himself in. He was, after the arrest, taken to Khlong Ha Police Station.
At 13.10 hr., Parit and Sirichai turned themselves in before giving a speech to the people who were presence to boost their morale insisting that he did not commit any wrongful acts and it was a demand for democracy, for rights and freedom of the people, and appointed for #CarMob rally on 10 August 2021 held by the United Front of Thammasat and Demonstration at Ratchaprasong Intersection.
“If it is fortunate, everyone will see me on the 10th, if not, shall we await and see at the end”, said by Part before the closing of his speech and turning himself in.
At the time when Parit and Sirichai showed their presence to the inquiry officers, they were shown of their arrests warrants no. 468/2564 and no.475/2564 respectively.
Other than Parit and Sirichai, the officers showed arrest warrant no. 468/2564 issued by Thanyaburi Provincial Court to Promsorn after surrendering. They all were taken into the Royal Thai Police Headquarter area and people, who showed their supports, were blocked from the inside. At 14.40 hr., the police officers took them to Khlong Ha Police Station.
On 9 August 2021 at 11.30 hr., addition four pro-democracy activists, “Poon” Thnapat, “Mike” Panupong Jadnok, Chatchai Kaedam, and “Tong” Panudda, surrendered Khlong Ha Police Station. At the police station, barbwires were placed in front of the building and riot polices lined up around the area.
Allegations and charges, citing a threat to use violence towards the authorites.
According to the arrest record on 8 August 2021, the arrests were made under the authority of Pol.Gen.Amphol Buarubporn, the Commissioner General of Provincial Police Region 1.
The allegation was that, regarding 2 August 2021, the police officers from the Metropolitan Police Bureau arrested “Pai” Jatupat Boonpattararaksa and other protesters and took them to the Border Patrol Police Region 1, which is under the jurisdiction of Khlong Ha Police Station. On the same day, Parit, Nutchanon, Panudda, Panupong, Thanapat, Promsorn, Chatchai, and Sirichai were the leaders or the persons in charge of directing the commission of 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 (Section 215 of the Thai Criminal Code).
Parit and the others gave a speech on the car carrying sound amplifier without any permission stirring and pressuring the officers to release Jatupat and other protesters who were detained in the Border Patrol Police Region 1. Also, they caused disturbance in the country by obstructing the road with their cars and giving a speech against work of authorities and the government.
The police officers informed the arrestees of their three charges, which are as follows;
- 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 by being the leader or the person in charge of directing the commission of such offence.
- The violation of the regulations issued by the Emergency Decree, conduct risk-prone activities in the COVID-19 zoning areas categorized as maximum COVID-19 control zones with gathering of five persons upward. And the violation of Pathum Thani Provincial announcement on protective measurement and the containing of COVID-19.
- Section 34(6) of the Communicable Disease, any person carrying out or performing any act which may cause unhygienic conditions that may result in the transmission of the dangerous communicable disease or epidemic.
In addition, each of them was informed of addition charges, which are as follows;
Promsorn and Parit were informed of their one additional charge which was using sound amplifier without permission, totaling four charges.
Sirichai was informed of two additional charges which were causing injury to the body or mind of another is said to commit an offence of bodily harm and damages, destroys, causes depreciation in value or renders useless a thing belonging, totaling five charges.
Nutchanon was informed of three additional charges which were using sound amplifiers without permission, causing injury to the body or mind of another is said to commit an offence of bodily harm and damages, destroys, causes depreciation in value or renders useless a thing belonging, totaling six charges.
Regarding the arrest record, upon Parit, Sirichai and Promsorn arrival at the location in which arrests took place, the officers examined resulting that all of them are the persons in the arrest warrants and had never been arrested according to other warrants before. The officers arrested, informed rights, and took them to Khlong Ha Police Station for legal proceedings.
Only Nutchanon, who was stated in the record that he posed a flight risk at the location in which the arrest was made. The officers showed their identity with arrest warrant before taking him to Khlong Ha Police Station to record the arrest and made an inquiry.
Nevertheless, the four of them refuted the allegations as Nutchanon refused to sign in the arrest record, and Parit, Sirichai, and Promsorn sign their signatures stating that “I did not pose a flight. I had announced to surrender and acted accordingly”
At 16.45 hr. on the same day, the police officers took all of them to the Border Patrol Police Region 1 from Khlong Ha Police Station, which is 1 kilometer away, via a police van to make an inquiry.
At the Border Patrol Police Region 1, the police officers did not allow any trustees to listen the inquiry, even though Parit, Sirichai, and Promsorn asked for permission and guaranteed of their rights. Therefore, three of them did not participate to be inquired until the officers allowed trustees to join.
Four of them were detained at the Border Patrol Police Region 1 for one night.
Later, other four pro-democracy activists surrendered themselves. Chatchai and Thanapat were informed of their four charges, similar to Parit and Promsorn. Panudda and Panupong were informed of their six charges, similar to Nutchanon.
Nine pro-democracy activists denied bails, committing acts without fear of the law
In the afternoon of 9 August 2021, the inquiry officers from Khlong Ha Police Station submitted detention motions of nine activists to Thanyaburi Provincial Court. The lawyers objected the detention and sought for the examination of the inquiry officers.
Meanwhile, lawyers, also, submitted bail motions by having four academic positions and three members of parliament positions, appraised in 50,000 baht, as surety for eight activists. For Sam, the lawyer placed 50,000 baht as a surety from the People’s wills fund.
At 18.15 hr., the Court examined the detention objection.
Until 19.20 hr., the lawyer and Parit were informed that Chanathip Muenphawong, Deputy Chief Justice of the Criminal Court acting on behalf of the Chief Justice of the Criminal Court, submitted a bail revocation letter of Parit Chiwarak regarding the case of a rally #19RestoringPowertoPeople to a Chief Judge of Thanyaburi Provincial Court, ordering the Court to inform the order to Mrs.Sureerat Chiwarak and transferred the defendant to the Ratchada Criminal Court within three days after receiving the letter.
The aforementioned order stated that the public prosecutor from the Executive Director’s Office of the Criminal Cases, department 7, submitted a bail revocation of Parit dated 6 July 2021 and submitted an additional complaint on 9 August 2021. Chanathip reviewed the complaint of bail revocation and examined that, regarding to the picture of Parit holding a portrait of the King Rama 10 upside down with a message “With love and Fuck you, 28 July, let’s wear black shirt” with the fact attached in the complaint submitted by the public prosecutor.
The following act intended to depreciate values of the king which would jeopardized monarchy. This is deemed as a breach of bail condition, therefore, Parit shall have his bail revoked without any examination for further facts as it had been apparently heard.
Afterwards at 21.00 hr. at Thanyaburi Provincial Court, the Court ordered to detain the alleged offenders according to the arrests made on them accordingly to the warrants. Also, there are plausible evidence that the alleged offenders may committed criminal offences carrying up to three years of imprisonment and the inquiry officers can submit detention motions when it is necessary for investigation.
At 21.40 hr., the Court denied bail to nine activists considering the circumstances of the case, the alleged offenders were not fear of law, no consideration on safeness and order of the public during the spread of COVID-19.
In addition, the Court cited that the alleged offenders had ongoing prosecutions showing no sign to be in awe of law. There are plausible reasons to believe that if they were to be released, they would cause further harm or damage. According to Section 108/1 (3) of the Thai Criminal Procedure Code and the bail objection made by the inquiry officers, there are no reasons to release the alleged offenders temporarily.
Due to the denial of bails, the alleged offenders had to be taken to Thanyaburi District Prison immediately.
At 22.10 hr., nine alleged offenders refused to get on the transporting vehicle transferring them to the prison as an act of civil disobedience against the order that denied their bails. Correctional officers had riot police officers to took them into the vehicle. In the meantime, the authorities took pictures of their relatives while waiting in front of the detention place.
The case of #2Aug.Rally stemmed from the arrests made by the police officers on the activists and other 9 fellow citizens from Nonthaburi New Generation Network while they were on the way to participate in the rally held on 1 August 2021 so-called #CarMob. Seven of them were charged with the violation of the Emergency Decree and were taken to the Border Patrol Police Region 1.
Later, the People group with sound amplifier arrived the Border Patrol Police Region 1 with a speech given to demand the release of the seven activists. In the evening, the police officers arrested the owner and the driver of the car, totaling three people, before being taken to the Narcotics Suppression Bureau, located in the Police Club at Vibhavadi road.
On 2 August 2021, Thalufah staged a rally “release our friends, return democracy” in front of the Royal Thai Police Sports Club demanding a release of the drivers and a return of seized sound amplifier.
32 demonstrators were arrested without being informed of their charges and places of detention. They were taken to the Border Patrol Police Region 1. On the same day, Parit and other activists with fellow citizens staged a rally at the detention place demanding the release of Thalufah demonstrators.