- Important case
Academics delivered a statement titled ‘Universities Are Not Military Camps’
Latest Update: 02/12/2016
Defendant
Attachak,Somchai
Case Status
Under investigation
Case Started
2015
Complainant / Plaintiff
No information
Table of Content
8 academics were accused of defying NCPO Order No. 3/2015, which prohibits any political gathering of 5 or more persons. After they delivered a statement titled ‘Universities Are Not Military Camps’ at a hotel in Chiang Mai.
Later, 6 academics reported to the commander of military unit in Chiang Mai and signed in an MOU agreed to not participated in any political movement. The charge against those 2 acdemics, therefore, withdrawn.
Defendant Background
Dr. Attachak Sattayanurak, a professor of history at Chiang Mai University, and Somchai Preechasilpakul, an associate professor faculty of law at Chiang Mai University, are academics who have been continuously committed to academic works relevant to public and social issues. They teamed up with other university lecturers to form “Midnight University” to conduct several activities such as public forums, statement expression towards ongoing political issues, and other socio-political activities.
For academic background, Prof. Dr. Attachak Sattayanurak obtained a master’s degree in History from Chulalongkorn University and earned a Ph.D. in Economics from a university in Japan. He is now a member of Japanese Studies Centre. Aside from social activities, his well-known publication is “Prachathipatai Kon Thai Mai Tao Kan” (Democracy in Thailand’s unequal social structures”
Also, Attachak is one of a research team studying on changes in rural Thai communities that occur on account of democratic movement. The study focuses on social changes which now become much more complex in every aspect ranging from economy, politics, society, and culture to explain that the not-understanding of changes in the society would lead to public conflicts, and tremendous social problems.
Assoc Prof. Somchai Preechasilpakul earned his Bachelor of Laws and his Master of Arts in Public Law from Thammasat University. He was also awarded a Certificate of Training on Environmental Law, Institute of International Legal Studies-University of the Philippines Law Centre in 2005. Somchai was appointed as dean of Faculty of Law, Chiang Mai University, and taking the post from 2006 to 2008.
As a lecturer, Somchai taught Philosophy of law, Human Rights Law, and Law and Society as well as serving as an advisory committee to a legal clinic of Chiang Mai University’s Faculty of Law. He once was selected as a committee member to solve land controversy in Lamphun and was in subcommittee resolving agriculture issue in the Northern part of Thailand. He also has several published works such as “Critical Thai Legal Studies,” Legal Coup in the 19 Sep Coup D’état: the Coup for Democracy under the Constitutional Monarchy.
Offense
Others
NCPO Order No. 3/2015
Allegation
31 October 2015
A group of academics gathered under a so-called ‘network of university lecturers’ for a press conference at Ibis Hotel in Chiang Mai where they delivered a statement titled “Universities are not Military Camps” to oppose Gen. Prayuth Chan-ocha’s statement made during the cabinet meeting on 27 October 2015 which denounced some university lecturers as having instigated rebellious thoughts and disobeying actions among students.
Among the eight participating academics, Attachak read the statement to affirm the importance of having freedom of expression while declaring that intimidation and implementing hegemony were neither the key to bring Thailand out of the conflict nor the path to pursue the country’s peace. The event was followed with an interview session and the announcement paper was distributed to the media.
Circumstance of Arrest
19 November 2015
The summons issued by police officer on 11 November were sent to the group of university professors who allegedly participated in the statement announcement “Universities Are Not Military Camps.” A judge advocate Lt. Col. Apichart Kantawong was authorized to file the complaint against Dr. Attachak and his fellow academics of violating National Council for Peace and Order (NCPO) Order No. 7/2014, which prohibited political gatherings of five or more persons. The summons ordered that they have to appear at Chang Puak Police Station on November 24, 2015.
One of the summoned academics was Kongkrit Traiyawong, Silpakorn University’s Faculty of Arts lecturer, who, however, did not attend the 31 Oct press conference. After he explained to the inquiry officer, he did not have to turn in for acknowledging the charge but the clarification letter was requested to be submitted.
24 November 2015
Six academics comprising Prof. Dr. Attachak Sattayanurak, Assoc. Prof. Somchai Preechasilpakul from Chiang Mai University, Prof. Jaroon Yoothong and Dr. Nathapong Chitniratna of the Institute for Southern Thai Studies at Thaksin University, Professor Mana Nakham of the Division of Social Development, Khon Kaen University, Dr. Booncherd Nu-im, an assistant professor of sociology at Burapha University came to report to Pol. Col. Prayun Katthip and his inquiry team at Chang Puak police station.
After acknowledging the charge and informing their rights, all academics denied all charges against them and would submit their written statement to elaborate all details within 30 days. Neither bail nor other conditions were required upon their release, but in case of the accused travelling abroad, it was mandatory that he/she must provide a written notice to the officer.
This investigation was conducted without military officer presence, however, some undercover officers were deployed in front of the police station to observe the situation which flocked more than 50 supporters including students, teachers, etc. After reporting to the police, the group of academics gave another interview to reaffirm the public their strong standpoint that “Universities are not Military Camps.”
4 December 2015
Other two academics, Kritpetch Somonwat from Chaing Mai University and Boonlert Chandpra from Thaksin University, presented themselves at Chang Puak Police Station to acknowledge the charge. The two also rejected all charges and would hand in their written statement to the officer within 30 days. So far there were eight academics who have been charged of the matter.
Trial Observation
No information
Black Case
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Court
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Additional Info
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Reference
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18 December 2015
The accused academics No.3-8 (six people) reached Kawila Military Camp, Chiang Mai, to meet with Maj. Gen. Goson Pratumchat, Commanding General, Military Circle 33. After two hours of meeting, they were asked to sign a memorandum of understanding containing terms and conditions that prohibit political activities whether in forms of gatherings, publicising political statement, including instigating others to have rebellious thoughts or to join a political movement.
Officers also read the Order No.3/2015 of the Head of NCPO on Item 12 Pragraph 2, the academics were informed that the meeting and the signed memorandum were regarded as their conformity to the Order. Their offences consequently became withdrawn while there remained the charges against Attachak (Accused No. 1) and Somchai (Accused No.2). Also, the academics were not allowed to duplicate or make any copy of the memorandum.
The Item 12 Clause 2 of the Head of NCPO’s Order No. 3/2015 stated that offenders of political gathering who voluntarily agree to receive corrective instruction for no more than seven days and released with or without conditions. Their case could be regarded as dismissed according to the Thai Criminal Procedure Code Section 37.
24 December 2015
Both Attachak and Somchai appeared at Chang Puak Police Station to submit their written statement of no-guilty plea in defense of charges filed against them.
They reasoned that the announced statement was made upon five principles of democracy by means of creatively exercising their right to academic freedom, under the objectives of Law and Constitution. Also, the statement was deemed as opinion or comment made in good faith aimed to promote the Democracy system. It was therefore requested to the police officer to issue a non-prosecution order for such case.
Besides, to defend the charge filed against them the two academics asked the inquiry officer to accept four more witnesses to be examined as follows: Prof. Dr. Chaiyant Chaiphon, Prof. Surichai Wankaew, Asst Prof. Dr. Janjira Iam-mayura and Tyrell Haberkorn.
Verdict
No information