Train ride to Ratchapakdi Park

Latest Update: 18/02/2019

Defendant

Sirawith

Case Status

On trial in Court of First Instance

Case Started

2015

Complainant / Plaintiff

Col.Burin Thongprapai, a military judge advocate

Table of Content

11 activists lead by Sirawith took a train to examine the corruption at Ratchabhakdi Park on 7 December 2015 and were stopped at Banpong train station and arrested. Then they were charged with defying head of NCPO order no.3/2558 for gathering more than 5 people.

Defendant Background

Sirawith Serithiwat, New, is originally from Nakonratchasima province, studied at the faculty of Political Science majoring in Politics and Government at Thammasat University. Before participating with the Dome Front Agora, he was the leader of justice requirement for the overpriced food at the university’s center canteen and also work for student council for his university.
 
He was a candidate for the president of the Thammasat University Student Union (TUSU) but did not get elected. He also joined an annual politics-mocking parade at the Chula-Thammasat Traditional Football Match in 2015.
 
Anon Nampa, is graduated a bachelor degree from the faculty of Law at Ramkamhaeng University, has joined the political movement since he was a university student. He is working as a human rights lawyer and representing many politcal cases for many years.
 
Visarut, a social activist, used to join political activities and was arrested from the “Eating Sandwich against the Coup” campaign at Siam Paragon.
 
Kornkanok is a Political Science student at Thammasat University, and a member of the New Democracy Movement (NDM).
 
Chanoknan is graduated from the faculty of Political Science at Chulalongkorn University, and a member of the Democracy Movement New (NDM)
 
Abhisit Sapnapapan, a former student of Kasetsart University and a member of Serinonsi Kasetsart, he protested against autonomous university and the construction of “Mae Wong” dam. He also called for responsibility of the government on disappearance of Billy, a tribal activist for Human Rights. Later he joined a New Democracy Movement (NDM) 

Offense

Others
์Head of NCPO order no.3/2015

Allegation

Eleven defendants in this case joined a trip travelling to the Rajabhakti Park by train to examine a construction corruption scandal. The activity was considered as a political gathering which violated the Head of NCPO order No. 3/2015 on the ban of political gatherings.

Circumstance of Arrest

On 7 December 2015 at 10.00 am, after a group of activists traveled by train and arrived at Ban Pong train station, Ratchaburi province. Officers divided the train’s compartment which Sirawith and other organizers travelled from the main compartment. Later at around 10.30 am, officers arrested the students including citizens from the train and took them to the train station’s meeting room.
 
At around 11.15 am, military officers had buses parked in waiting at Ban Pong train station. There were 38 people and activists and citizens arrested and taken onto the 2 buses without notifying of the destination.
 
At around 12.30 pm, the first bus arrived at the 9th Infantry Division Command Control Headquarter located in the office building of the National Office of Buddhism. The second bus arrived around 2.30 pm. The report told that there was an interrogation on the background of the arrestees started at around 4.30 pm. Lawyers and a group of academics for civil rights were presented to hear the interrogation but they were not allowed into the detention room.
 
Yaowaluck Anupan, a lawyer from the Thai Lawyers for Human Rights (TLHR) later revealed that among those arrestees, 3 of them are lawyers and officers of the centre.
 
At around 5.40 pm, military officers took some of the participants onto the bus and told that the they would be released at Bangkok Noi train station. All of them have given consent and signed the conditions that they will not join any political movements. Besides, other 19 participants that refused to sign the agreement were still detained in the area of  Buddha Monthon. At around 9.00 pm, it was revealed that all 19 arrestees were released without signing documents or being charged.
 
Even, on 7 December 2015, there was not any charges against those who were arrested on the campaign of riding a train to the Rajaphakdi Park, but on 18 December 2015, it is reported that Chanoknan, an activist from NDM who was one among those arrested, has been summoned to meet the inquiry officer at Thon Buri Train Police Station to acknowledge the allegation of political gatherings of five or more persons. 
 
Besides Chanoknan, there were also other 10 people who had recieved warrants including Sirawith, Anon Nampha, Chonticha, Thanet, Kittitach, Visarut, Abhisit, Korakoch, Konkanok, and Wichit. It was said in the warrant that the accusor was Col.Burin Thongprapai.
 
Later on, some of the accused asked to postpone the acknowledgement of allegations, and said that the officer gave them a close notification. The inquiry officer then set the new meeting day to be on 29 December 2015. On the meeting day, the Thai Lawyers for Human Rights (TLHR), who was the lawyer of 10 defenders except for Wichit, asked for the postponement of the allegations acknowledgement because some of the offenders scheduled to be abroad and some had duties.
The police officer allowed to postpone to 8 January 2016. But two accused, Wichit and Kititutch, didn’t want to postpone the acknowledgement and met the investigator on 29 December.
 
On 8 January 2016 at about 10 am., Anon and Kornkanok met the inquiry officer as scheduled and denied all allegations. Later in the evening, Wisarut, who was summoned, reported to the police. While other five activists who were also had a warrant including Sirawith, Chanoknan, Apisit, Chonticha, and Korakot appeared at the police station, they didn’t report themselves.
 
On 13 January 2015, the inquiry officer from Thon Buri Train Police Station requested the Bangkok Military Court to approve the warrant against Sirawith, Chanoknan, Apisit, Chonticha, and Korakot who didn’t report as schedule. 
 
On 13 February 2015, Sirawith, one of those appeared in the arrest warrant, was arrested at the National Stadium while watching the Chula-Thammasat Traditional Football Match.
 
At first, the military officers followed Sirawith closely to arrest him, then he told the officers they are not allowed to arrest without carrying the warrant. Later on, both police and plainclothes police officers showed the warrant, Sirawith was then taken to the police station.
 
Sirawith was detained at the police train station in the evening until around 11.30 pm. The officer then released him on bail with 10,000 baht in cash.
 
On 6 July 2015, Korakot, one of the accused who has got an arrest warrant, was seized under this case after he was released from Bangkok Remand Prison (Klong Prem). Earlier on 23 June 2015, Korakot distributed the leaflets of 'Vote No' Campaign for the Constitutional Referendum at Bang Pli Housing. Korakot and his thirteen colleagues were arrested due to the violation of  the Head of NCPO oeder No. 3/2015 and Referendum Act.  They were detained in prison for 12 days.
 
On 6 July 2015, Korakot and his colleagues were released from the Bangkok Remand Prison after the Bangkok Military Court did not allow the second remand session. Before the release of Korakot, he was, however, kept by the officer of Thon Buri train station because his name was on the list of the train trip to Rajabhakti Park case.  
 
The military prosecutor brought Korakot to be prosecuted at the Bangkok Military Court within the same day. Korakot opposed the pre-trial detention of the case because the penalty rate is less than three years and the defendant has the permanent residence. It is unnecessary to keep him in custody during the trial of the case; however, He was ordered to be detained during the trial before the court allowed him to be released on bail woth money amounts 10,000 baht within the same day. And he was prohibitted from attending any political activities.
 
On 24 June 2016, Tanet went to acknowledge allegations at Thon Buri Train Police Station. Earlier on 14 December 2015, he was arrested during his treatment at a hospital under Sedition case for sharing the Rajabhakdi Park corruption infographic on 18 December 2015. The inquiry officer took him to the Bangkok Military Court to request for pre-trail detention under Sedition charge. The court released him on bail with 100,000 baht in cash.
 
However, later on an unknown date and time, Thanet left the country as some media reported that he was accused of lese majeste which made him feel unsafe. He travelled back to the country in July 2016, and reported himself to the investigators of both Sedition case and this case to show his good faith on 24 July 2016.  He was allowed to be released on bail with 10,000 baht cash similar to other defenders after reported himself to the police investigators.
 
However, on 29 September 2016, the prosecutor indicted Thanet. He had no money to apply for bail on that day, so he remained in custody during the trial of the case at the Bangkok Remand Prison. On 13 September 2016, Sirawith, one of the defendants in this case brought 20,000 baht in cash to the Military Court to bail out in favour of Thanet, but the court denied the request because Thanet used to flee during the time he was being released on bail during the investigation.
 
 

Trial Observation

No information

Black Case

97/2559

Court

Bangkok Military Court

Additional Info

No information

Reference

No information
No information

Verdict

No information

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