On 18 August 2021 at 10.00 hr., the lawyers submitted bail motion of nine activists remaining detained during the police investigation. The bail motion was submitted to the Southern Bangkok Criminal Court for Arnon in the Section 112 of the Thai Criminal Code case related to the speech given in #HarryPotterRally 2 on 3 August 2021.
In addition, the bail motions were submitted for eight pro-democracy activist leaders who has been detained since 9 August 2021 in the case of #2Aug.Rally. Among them, two individuals were COVID-19 infected.
Thanyaburi Provincial Court denied bail for 8 activists in the case of #2Aug.Rally, citing no reasonable cause to change the order.
In the case of #2Aug.Rally held in front of the Border Patrol Police Region 1, nine alleged offenders were charged with Section 215 of the Thai Criminal Code, assemble of ten persons upwards, the violation of the Emergency Decree, and the Communicable Disease. Some of them were charged with causing depreciation in value and committing an offence of bodily harm of the authorities. The rates of punishment in all the charges are imprisonment for a term not exceeding five years.
In prior, the lawyer had submitted bail motions on 9 August 2021 after the submission of detention motion made by the inquiry officers. The Court denied bail citing that the alleged offenders had no fear of the law. If they were to be released, they could commit further harmful acts. Therefore, the lawyers appealed the court’s order on 13 August 2021. As a result, “Poon” Thanapat (surname withheld) was released on bail citing that he surrendered himself and just passed the age of minor.
On 18 August 2021, the lawyer submitted bail motion of eight activists, e.g, Sam Samat, “Penguin” Parit Chiwarak, “New” Sirichai Natueng, “Fah” Promsorn Viradhammajari, Nutchanon Pairoj, “Mike” Panupong Jadnok, “Boy” Chatchai Kaedam, and Panudda Sirimassakul or “Tong Thalufah”. In addition, the lawyers submitted a motion to the court to conduct an examination on the Correctional officers regarding the spread of COVID-19 in the prison situation.
The reasons stated by the lawyers in the bail motion of eight activists are as follows;
- Prior to the detention on 9 August 2021 according to the warrant issued by the Court, eight alleged offenders were in good health condition. However, during the detention, Parit, Sirichai, and Promsorn were founded to be COVID-19 infected after getting tested on 14 August 2021. In addition, several correctional officers were reported to be infected. Therefore, the detention is unnecessary and causes them vulnerability to be infected without ability to protect their own lives.
- Although, the alleged offenders were charged with similar allegations to the current case, it remains an allegation made by the inquiry officers. The alleged offenders were not convicted by the court. Therefore, it cannot be concluded that the alleged offenders had no fear of the law and it is not admissible with the reason citing “if they were to be released, they could commit further harmful acts”.
In addition, the reason citing the alleged offenders, which are Parit and Panupong, had breached bail conditions of the other court, therefore, they should not be released on bail in this case, is not admissible. The Court had not examined the alleged offenders for facts and had not given a chance to the alleged offenders to make an objection or show an evidence.
- According to the inquiry officers, citing that the temporary release on bail of the alleged offenders could give a rise in numbers of infected due to the rally, has no plausible evidence given that the protesters had acted accordingly to the preventative measures. Furthermore, the multiple increases of COVID-19 infected cases estimated by the academia is irrelevant to the rally.
- The detention facility of the Correctional Department, the Ministry of Justice, has inadequate preventative measures to cure COVID-19 infected alleged offenders. In the facility, the spread cannot be controlled because of the uncirculated air and the density of the facility. It resulted in the increase of infected numbers every day.
- Although, Sirichai, Parit, Promsorn, Nutchanon, and Paunpong were charged with Section 112 of the Thai Criminal Code, the previous charges still remain as allegations made by the inquiry officers who are responsible for the case and are not related to this case. therefore, it is not plausible to object temporary release of the alleged offenders and it is not included in the Section 108/1 under provisional release of the Criminal Procedure Code.
- The rally on the aforementioned date and time was peaceful and unarmed. It was guaranteed under Article 44 of the Constitution of the Kingdom of Thailand 2017. If the police officers cited the offenses were committed afterwards, according to the Supreme Court’s verdict no. 5573/2554, it is an intention of each individual and group. It cannot be said as the collective intention of the protesters.
- The alleged offenders did not resist or posed a flight risk. They have habitual residence and can be summoned easily and had no ability to get involved in the evidence. In addition, they had never been convicted, therefore, they could not cause other dangers.
- According to the first detention motion submitted by the inquiry officers, it showed no causes and circumstances of the alleged offenders that would result in the denial of bail granted by the Court for temporarily release according to the Section 108/1 of the Criminal Procedure Code.
- Exercising the rights to freedom of assembly is the expression of the citizens’ freewill. It is a tool to stimulate and warn the “government” to concern the importance of good governance for the public interest as much as possible.
- The alleged offenders have faith in democratic pillars, rule of laws, and human rights. During the wide deprivation of human rights and the grievances of the people arising from the government’s management, only the Court is able to check and balance the executive and judicial branch in order not to affect the rights and freedom of the people.
- The alleged offenders, e.g., Sirichai, Parit, Panudda, and Nutchanon, are “students”. They have duty of attend the class, make a report, and take examinations determined by the university and faculty. If the alleged offenders remained detained, they would gravely lose their education opportunity.
Around 12.30 hr., the Thanyaburi Provincial Court ordered that considering the supplemental statement of the bail motion and the motion for the examination of the correctional officers, there is no reasonable causes to change the order. Therefore, the examination is refrained and the motion is dismissed.
Regarding the Court’s order, the eight alleged offenders still remain detained. “Tong Thalufah” or Panudda are detained in Khlong Ha Women’s Correctional Institution for Drug-addicts. Three infected people which are “Penguin” Parit, “New” Sirichai, and “Fah” Promsorn are in the Correctional Hospital. And the other four are detained in the Rangsit Temporary Remand Center.
All of them will be transferred to Thanyaburi District Prison after 21 days of detention since 9 August.
Bail motions of “Lawyer Arnon”, dreaded of another COVID-19 infection, despite, the court dismissed the bail citing, no reasonable cause to change the order
On 18 August 2021, the lawyer submitted bail motion to the Southern Bangkok Criminal Court for a temporary release of “Arnon Nampa” charged with Section 112 of the Thai Criminal Code which stemmed from a speech given by him in #HarryPotterRally 2. This motion is the second time of submission after the first submission was made on 11 August 2021, citing that “the charge has a high penalty rate and the objection made by the inquiry officers stating that if the alleged offender were to be released temporarily, he could cause further harms and breached a bail condition set by the Criminal Court”.
In the second bail motion, 200,000 baht was placed as guarantee with following reasons:
- Regarding the court’s denial of bail citing high penalty rates, despite the Court allowed Arnon to be temporarily released in the similar allegations, e.g., Siraphop Phuengpumput and Chookiat Sangwong in the case of #18Nov.Rally, Parit Chiwarak and other four alleged offenders in the case of wearing croptop and parading at Siam Paragon, Patwaravalee Thanakijviboonphol and other 12 alleged offenders in the case of reading statements in front of the German Embassy. Therefore, the court should consider temporary release of the alleged offender in this case.
- Regarding the court’s denial of bail due to the objection made by the inquiry officers citing that the alleged offender could threaten or tamper the evidence involving with external parties, the alleged offender is a lawyer, a member of the Bar Association, he has no record of tampering the evidence. In addition, the evidence of this case is in the possession of the inquiry officers, the alleged offender has no ability to know the witnesses.
- Regarding the court’s denial of bail citing the breach of the bail conditions set by the Ratchada Criminal Court, bail revocation motion attached with detention motion of the inquiry officer is the claim of plaintiff side only. The examination of the bail revocation on 7 September 2021 is yet ordered by the Court that the alleged offender breached the conditions.
- The alleged offender has a habitual residence. He often come to the Court because he is a lawyer. Therefore, he can be contacted easily. Also, he is not an influencer and is not capable of tampering the evidence. He has no criminal records and has never been convicted in criminal cases before.
- The alleged offender is a credible person who was selected by the committee to receive Gwang Ju Prize for Human Rights 2021 from May 18 Memorial Foundation of South Korea. The prize was granted by Gwang Ju people to human rights defender in Southeast Asia.
- Regarding the first detention motion submitted by the inquiry officer, it showed no causes and circumstances of the alleged offenders that would result in the denial of bail granted by the Court for temporarily release according to the Section 108/1 of the Criminal Procedure Code.
- Regarding the spread of COVID-19 nationwide, particularly in the Bangkok area, it is found that “the Bangkok Remand Prison” is the highest infection place due to the uncirculated air and density of the remand prison. Currently, the alleged offender has been detained for 8 days which could endanger his life from COVID-19 infection for another time as he was infected while being detained in the remand prison after being denied of his rights to temporary release. The previous infection resulted in the abnormal lungs as he had dyspnea and vulnerable to “Long Covid”. It is a chronic symptoms of COVID-19. Also, currently, the political alleged offenders were denied of their bail and remain detained in the Thanyaburi Provincial Court which result in the infections of the three of them, Parit Chiwarak, Promsorn Viradhammajari, and Sirichai Natueng.
At 15.00 hr., the Court ordered not to allow temporary release for Arnon citing that the Court had ordered not to allow temporary release on 11 August 2021. Considering the bail motion, there is no reasonable cause to change the order. The motion was dismissed.
Regarding the Court’s order, Arnon remain detained in the Central Special Treatment Center according to the COVID-19 measurement of the prison. If not granted bail, he will be transferred to the Bangkok Remand Prison after 14 days of quarantine since 11 August 2021.
Lawyer Arnon has been detained since 9 August 2021 after surrendering himself. He surrendered himself after acknowledging the issuance of arrest warrant against him related to the speech given in the #HarryPotterRally 2 on 3 August 2021 at the Bangkok Art and Culture Centre, Bangkok, with the charge of Section 112 of the Thai Criminal Code, the violation of the Emergency Decree, and using sound amplifier without permission.
The police officers informed charges and interrogated Arnon on 9 August 2021. He was detained at Pathumwan Police Station accordingly to the Section 87 of the Criminal Procedure Code, the arrested person shall be brought before a court within 48 hours. On 10 August 2021, Arnon had been detained without being submitted of his detention.
On 11 August 2021, the inquiry officers submitted detention motion to the Southern Bangkok Criminal Court via video conference. The lawyer submitted the detention’s examination motion. At 16.40 hr., Arkhom Rungjang, a Chief Justice of the Southern Bangkok Criminal Court, ordered not to allow temporary release for Arnon during the police investigation, citing the considering the high penalty rate, the objection of bail submitted by the inquiry officers, stating that if the alleged offender were to be released, he could commit further harms, and the breach of the bail condition set by the Criminal Court. Therefore, the court did not allow temporary release.