Thailand: The denial of bail for four “Ratsadon” prominent leaders is a breach of presumption of innocence    

On 9 February 2020, the public prosecutors indicted and rejected bail of the four prominent democracy activists including Parit Chiwarak, Anon Nampha, Somyot Pruksakasemsuk and Patiwat Saraiyaem for violating the Penal Code’s Section 112 on lèse majesté charges and others from “The #19 September Reclaiming People’s Power” gathering during 19-20 September 2020, and Parit was also indicted for violating Section 112 in a separate case stemming from the "Mob Fest" rally at the Democracy Monument on 14 November 2020.  

After the court denied them bail, four of them were taken to the Bangkok Remand Prison to be held in custody pending the trial. They shall remain in custody until the court grants them bail or until the trial is concluded or until the cases against them are dismissed by the court, the length of time which is undeterminable.  

Piyanut Kotsan, Director of Amnesty International Thailand states that “This is an abuse of the judicial process to silence peaceful critics. This is a long-standing pattern of abusive lengthy pretrial detention of those facing on lèse majestè, Penal code Article 112 charges under pretext of national security.”   

Amnesty International Thailand reiterates that the right to freedom of expression, association and peaceful assembly is a fundamental right upheld by Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) to which Thailand has committed itself. The exercise of such freedom is also guaranteed by the Constitution of the Kingdom of Thailand 2017.    

Background   

Parit Chiwarak, Anon Nampha, Somyot Pruksakasemsuk and Patiwat Saraiyaem have been indicted for the violation of lèse majestè offence pursuant to the Penal Code’s Sections 112 and 116, and the Act on Ancient Monuments, Antiques, Objects of Art, and National Museums 1999 as a result of the "19 September Reclaiming People’s Power" protest at Sanam Luang during 19 - 20 September 2020. Parit was also indicted for violating Section 112 in a separate case stemming from the "Mob Fest" rally at the Democracy Monument on 14 November 2020. After the court denied them bail, they of them were taken to the Bangkok Remand Prison to be held in custody pending the trial. They shall remain in custody until the court grants them bail or until the trial is concluded or until the cases against them are dismissed by the court, the length of time which is undeterminable.  

The court states that "judging from the gravity of the charges and the nature of the cases, given the high penalty rate and the aggravated nature of the cases, and given the repeated commission of the same offence at several times and several places, the court is convinced that by granting them temporary release, the four defendants may again recommit the same alleged offences. Therefore, their bail request is denied. The bail applications are dismissed."