Somyot denied bail again today
An unbelievable further denial of bail was issued today by the Thai Criminal Court. The basis for the refusal to immediately release Somyot remains the same.
- The trial is high profile and evokes strong reactions from the public
- That Somyot is likely to escape Thailand if he is released
- That Somyot would interfere with the prosecution witnesses if released
Despite there being no evidence at all for any of these reasons the Criminal Court has denied Somyot his freedom.
Somyot’s new trial dates
Now that Somyot has returned to Bangkok Remand Prison the schedule for the next round of court hearings has been confirmed. The next trial date will be the 18th April. Although we are delighted to have Somyot back in Bangkok where he is safe he is still being unfairly held and we push ahead with the demand for bail. We rely on your support this year.
Here are the court dates
Prosecution witness hearings:
18 /4/2012
19 /4/2012
20 /4/2012
24/4/2012
25/4/2012
26/4/2012
Defence witness hearings:
1/5/2012
2/5/2012
3/5/2012
4/5/2012
Thank you!
A sincere thank you from Somyot, Tai and their family for all of your time and care during this last week of campaigning. Somyot has returned safely back to Bangkok and Tai is now recovering from his 112 hours of hunger strike. We are grateful to all of you for your support so far and hope that you will continue to help us free Somyot.
Tai’s hunger strike ends with songs and noodles
Tai ends his hunger strike after 112 hours with friends and supporters on the day that his father returns to Bangkok.
Somyot returns to Bangkok
Somyot is on his way back from Songkla to Bangkok, arriving at midnight. Friends and family eagerly await news of his safe return and an update on his health following this long journey.
Thai Human Rights organisations submit protest
Thu, 16/02/2012 – 12:00 | by Prachatai
A Statement from a group of Thai Human Rights NGOs
In pursuant to the arrest and prosecution of Mr. Somyot Pruksakasemsuk, labour activist and core members of the June 24 for Democracy and Editor of “Voice of Taksin” on the violation of Section 112 or lèse majesté law since 30 April 2011, and over the past ten months, his applications for temporary release have been turned down. Lately, Mr. Panithan Pruksakasemsuk, his son, has started a hunger strike to protest against the order of the Criminal Court to deny his father’s bail though the request has been made seven times and sufficient deposit has been offered. His protest is aimed at demanding the right to temporary release of this father and the issue has been widely reported in media until now.
The undersigned human rights organizations deem that the right of an alleged offender or an accused to temporary release is a very pertinent issue in the criminal justice process. It has led to extensive controversies over what is appropriate or not. Therefore, we have the following opinions and proposals to make regarding the issue;
1. The right to temporary release is a universal and fundamental right that should be accorded equally to all human beings.
The right to temporary release is prescribed for in Section 40(7) of the 2007 Constitution of the Kingdom of Thailand or even in Section 107 of the Criminal Procedure Code, it stipulates clearly that “Upon receiving an application for temporary release, the competent official or the Court enjoins without delay, and all the alleged offenders or accused are granted permission to be released temporarily by the rule prescribed for under Section 108, Section 108/1, Section 109, Section 110, Section 111, Section 112, Section 113 and Section 113/1″. The provisions are compatible with the International Covenant on Civil and Political Rights (ICCPR) to which Thailand is a state party, particularly in Article 9(3) which states that “It shall not be the general rule that persons awaiting trial shall be detained in custody”. Therefore, the right to temporary release is a crucially important legal principle established in bother domestic and international laws. It is an obligation for all parties concerned to follow and implement on an equal basis.
2. Any exceptions made against the right to temporary release have to be based on extremely important circumstances and have to be accompanied by objective and credible evidence.
Section 108(1) of the Criminal Procedure Code provides for exceptions that can be made by either competent officials or the Court of jurisdiction to deny the right to temporary release, should there be credible reasons including;
(1) The alleged offender or accused may run away
(2) The alleged offender or accused tampers with the evidence
(3) The alleged offender or accused may commit other harmful action
(4) The person request for bail or the deposit are not deemed credible
(5) The temporary release may pose any obstacle or cause damage to the investigation of inquiry official or trial of the Court.
Therefore, any parties concerned with the permission to give bail have to always bear in mind that the denial of the right to temporary release can only be made as an exception. And all denials of the right to bail have to be subject to stringent interpretation of the law and accompanied by objective and credible evidence. Should the inquiry officials or public prosecutors fail to secure objective and credible evidence to support the denial of bail, the Court has to always let the alleged offenders or accused attain the right to temporary release.
3. The Court is obliged to interpret the law according to the intent of the law and international standards to uphold human rights and the right to temporary release has to be realized in all cases.
Written law that provides for and upholds the right to temporary release of alleged offenders or accused shall become meaningless, should the implementing agencies interpret the law incompatibly with the intent to uphold the rights and liberties of alleged offenders or accused. Genuine enforcement of a law shall be subject to the interpretation of the law enforcement officials.
Section 27 of the 2007 Constitution of the Kingdom of Thailand stipulates clearly that “Rights and liberties recognized by this Constitution expressly, impliedly, or through decisions of the Constitutional Court shall be protected and directly binding on the National Assembly, the Council of Ministers, Courts, and other State organs in legislating, applying, and interpreting laws.”€Therefore the interpretation of the law is not subjected to the discretion of either the police or the Court without any regard to the intent to protect rights and liberties of an alleged offender or an accused. Instead, the law has to be interpreted in light of the provision concerning rights and liberties prescribed for in Section 40(7) of the Constitution in order to make possible the right to temporary release.
4. Section 39 (2) and (3) of the Section 27 of the 2007 Constitution of the Kingdom of Thailand primarily upholds the presumed innocence principle.
Therefore, prior to any final judgment made to convict a person, the treatment of the person as if he already committed an offense is not permitted. Therefore, as a result of the denial of bail request, the detention of Mr. Somyot Pruksakasemsuk and other alleged offenders or accused during the trial period together with other convicts whose final judgments have been reached is therefore a breach of the Constitutional provision.
In light of the above rationale, we demand that the police and the Court interpret and enforce the law to provide for the right to temporary release with an emphasis on enshrining and upholding the rights and liberties of alleged offenders or accused as they are human beings who deserve to be treated with equal dignity. They are obliged to follow the intent of the Constitution and international human rights laws.
As the cases against Mr. Somyot Pruksakasemsuk become a controversial issue in society, the Court should make it clearly visible to public that it has properly applied and interpreted the law with regard to human dignity of the accused as provided for by the law. Therefore, it should consider giving Mr. Somyot Pruksakasemsuk the right to temporary release to set a good precedent and to allow other alleged offenders or accused to attain the same right.
Statement made on 15 February 2012
Human Rights Lawyers Association (HRLA)
Cross Cultural Foundation (CrCF)
Union for Civil Liberty (UCL)
Environmental Litigation and Advocacy for the Wants (EnLAW)
Foundation of Muslim Attorney Centre (MAC)
Asian Institute for Human Rights (AIHR)
Community Resource Centre (CRC)
Thai Netizen Network
Center for Child Development and Community Network
Stateless Watch
Correction!
Somyot’s next court hearing will be the 18th April in Bangkok. The Criminal Court has agreed to hold the remaining hearings in Bangkok, a huge relief to Somyot’s supporters.
Interview with Somyot’s lawyer (English)
Interview with Tai by Prachatai
In conversation with Tai Pruksakasemsuk: 112-hour hunger strike begins on 11-2
By prachatai Sat, 11/02/2012 – 12:38 | by prachatai
“Tai” or Panitan Prueksakasemsuk, only son of Somyot Pruksakasemsuk and a second year student at the Faculty of Law, Thammasat University, announced last month he would go on a 112-hour hunger strike in front of the Criminal Court, lasting from February 11 to February 16, to call on the judges to “free my Dad.”
The announcement came after seven failed attempts to bail his activist father, Somyot Prueksakasemsuk, and multiple letters of complaint filed with various departments and ministries, which yielded no result. Somyot, accused of lèse majesté as editor of Voice of Taksin magazine, has been detained without bail in Bangkok Remand Prison for 10 months since April 2011. He has been on trial since November in Sa Kaew, Phetchabun, Nakhon Sawan, and in February 13 in Songkhla.
Prachatai talks to Tai Prueksakasemsuk, before his 112-hour hunger strike begins.
What made you decide to go on hunger strike in front of the Criminal Court?
I want to call on the court directly. We want to call for my father’s right to bail. That is the main issue I expect the court to hear. I want them to understand that the point we want to make here is that he deserves the right to bail. It doesn’t mean that we want to change, reverse or abolish the court’s decision. I mean, if the court is to change its decision, it can do so according to its own judgment. I just want to do this to protest the court’s decisions to deny my father’s right to bail, which we have already appealed seven times. This is main thing I want to express, if the court has the mercy to hear us, that is. And if the court is to change its decision, it would have to be entirely up to the court.
Do you get to visit your father in prison often?
I usually go there once a week. If I’m not too busy then I get to visit him quite often. In the beginning we talk about moral support, and then he would ask me about legal matters, facts and the case. I would then take his questions to consult with my lecturers at the university. I also bring friends, people, lecturers who know about my father to visit and give him moral support. Later we talk more about the future of his case, and recently I discussed with him mostly about the hunger strike.
What does he say about your upcoming hunger strike?
He didn’t criticize it much. At first, he disagreed. He thinks this should be used as a last resort. Still, he gave me support and some advice. He’s also quite worried.
When did you become interested in activism? Was it before your father’s arrest?
I became involved in activism way before that. I’ve done many activities both inside and outside campus, just about every kind. Whether they are typical university events, like the traditional football matches, parades, volunteer camps, symbolic political activities, organizing academic seminars or protests about hazing, I’ve done them all. So, any activity that has been available for the past 2 years of my student life, really.
As a law student, how do you feel when the law isn’t applied in reality, like in the case of your Dad, who’s supposed to have the right to bail?
That is according to the law, but not in reality. Reality is something we must practise to make it happen, and in legal terms, it is something we have to consider, whether this is just. If it is, then it must apply to everyone equally, and so in reality it should be that way, too.
I don’t feel anything about it, actually. I feel that it is something that should be fixed, but I don’t feel angry or anything. Even though I feel impassive about this mentally, in my heart I feel that it’s unfair, and we need to fix it, become part of the solution. That’s what I’ve always believed in and what I’ve had in mind. However, I won’t use my emotional feelings to judge or in my work.
So how have you prepared yourself for the hunger strike?
I decided on this before I ordained for a month, so I got to practice fasting during that time, because monks only eat one meal per day. After having completed my period in the monkhood, I started having meetings with student groups, and announced what we plan to do. Then we looked for and talked to different groups that could support the activity and consulted about how we should do it. About two weeks ago I tried fasting for about 2 days, I felt a little dizzy as a result.
But the hunger strike will last four days. Aren’t you afraid bad things could happen?
Not really. I’m not afraid at all. I don’t know, I guess I might be stronger than other people, but I feel that life is just life. If you look at the goal of living, it might matter more. If one gets to do what one likes, then it doesn’t matter if you die today or tomorrow. At least I go about my life in the way that I believe in. It’s like when you say you want to become a musician, and now you’re on the path of getting there. It wouldn’t matter of you get hurt or die. So I just want to focus on the outcome, things that I’ve done. That’s all that matters.
What would you do if the court still won’t release your father?
I might continue to do what is needed, but in what form I’m still not sure because I haven’t had that much experience. I’m only 20 years old, so I would look for advice. In terms of student activism, we’ll see what the priority right now is, and then we can work with each other to support our agenda. It also depends on what the situation looks like.
How much do you expect from the court in this hunger strike?
Of course I expect a lot because it’s been quite exhausting preparing myself for this hunger strike. So I expect this will result in something, whether from society or from the court, whose response will depend on its judgment.
What do you want to say to the court?
I respect your decision, because it’s the principle that I should respect. The court must have free judgment. The fact that whoever wants the court to change its mind can carry out hunger strike, is definitely not right, because that would be against the law. But what I want to point out here is justice. It’s like lighting the spark on the lèse majesté prisoners’ right to bail. I want the court to see this fact, and stop their prejudice, no matter what their political stance or opinion might be. They should rethink what is more important, justice or their political opinion. It’s like I’m reminding the court one more time; how they decide will be up to them.
As a matter of fact, some said this hunger strike is to pressure the court. It is not pressuring. If you want pressure you need political power. But in my case, it is symbolic power.
Personally, how much influence has your father had on you in your activism?
Not that much really. My father doesn’t know much about me. When I was in high school, I was president of the student body, and president at the district level youth council. I did so many activities, but my father doesn’t know much about it. He always said I was too busy playing video games and stayed at home too much. I know this because my father told my friend, Kan Thoop (laughs).
Sometimes he even asked me what year I’m studying now, because he doesn’t know. He had a lot of activities to do outside, and barely stayed at home. However, I respect him a lot for his work to contribute to society. It is some sort of direction for me, but he personally didn’t teach me very much.
So most of your interests you just found by yourself?
I have a lot of sources of inspiration. I really liked the movie “Gandhi”. I also have really good teachers that have also become my advisors. They give me moral support. I also like to read, all kinds of books, especially about politics, capitalism, socialism, Dharma and history. Mostly they are books about society.
Report from Thai Mirror
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