Home > Campaign updates, Uncategorized > Somyot’s lawyers petition the constitutional court

Somyot’s lawyers petition the constitutional court

By Bulunraya- original Thai version can be read here

Today 8.30am. at Ratchada Criminal Court, lawyers of Somyot Pruksakasemsuk, 24th June democracy group leader and former editor of Voice of Taksin magazine, Mr. Karom Polpornklang and Mr.Suwit Thongnuan, submit their petition to Criminal court to pass on to the Constitutional court to rule whether article 112 of Thai penal code is against 2009 constitution law and consistent with the international standard or not because they believe that article 112 is similar to defamation law in article 326 of Thai penal code but article 112 doesn’t lay out the exemption of wrongdoing rule ( rule that prevent people from being punished despite committing the wrongdoing) that the accused is not allowed to prove that they are innocent and it curtails human rights principle written in Thai constitution law.

Moreover, article 112 should have not been put in national security provision because the wrongdoing relating to national security should be the action that will only affect the existence of the state. Article 112 also prescribes that those who violate the law will be punished with imprisonment of 3-15 years, which means the court is not allowed to give the accused less than 3 years imprisonment despite its similarity to defamation law prescribed in article 326, which is inconsistent with the proportion principle.

On the last paragraph of the petition, it also demands the court to temporarily dispose the case until the constitution court reach the verdict as all organization including this court will be abide to its verdict and the fact finding process via witness hearing may upset the King. The court decides to accept their petition for consideration but deny to temporarily dispose the case therefore the witness hearing proceed will continue.

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