Court frees 13 anti-referendum activists

Court frees 13 anti-referendum activists

Police call to extend detention shot down

Still in their prison shackles and uniforms, some of the 13 outspoken activists celebrate an unexpected event - bail by the military court. (Photo by Taweechai Tawatpakorn)
Still in their prison shackles and uniforms, some of the 13 outspoken activists celebrate an unexpected event - bail by the military court. (Photo by Taweechai Tawatpakorn)

The Military Court has freed 13 students and activists arrested for violating regime orders, rejecting a police request to extend their detention.

The court ruling came amid mounting pressure from human rights defenders and scholars, both locally and internationally, calling for the release of the detainees.

The court's decision, which was rescheduled from the morning to the afternoon Tuesday, drew strong support from the detainees' families and friends, the media, scholars -- particularly from the Nitirat jurist group, as well as representatives of 10 embassies.

The 13 activists were arrested on June 23 by Bang Sao Thong police as they were distributing leaflets on the draft charter referendum in Samut Prakan.

They were charged with violating the National Council for Peace and Order's (NCPO) ban on political gatherings of more than five people, and sedition.

The group included university students from the New Democracy Movement and labourers.

Six of them sought bail which was granted while seven, all students, engaged in civil disobedience against their arrest by not requesting bail.

Also on Tuesday, police sought court approval for the continued detention of all 13 suspects, including those who had already been already granted bail, for a further 12 days.

But the court rejected the request, saying that as the Military Court had said the investigators had already completed their probe, there was no need to detain them. However, prosecutors will continue with their case.

Corrections officials said the release of the remaining seven detainees following the court ruling would be carried out at 8am today at the prison. Bail for the other six suspects was also revoked and they were released without bail.

Those in attendance broke into celebrations when the ruling was announced. Some shook hands with the seven detainees who were in prison uniform in shackles and some hugged them.

The detainees performed a wai gesture to show respect and thanks to the lawyers and academics who were siting in the courtroom.

During the court inquiry, lawyer Krisadang Nutcharut questioned the merits of further detention.

Pol Capt Vitoon Pengbubpha, an investigator, said before the court that he had no personal grudge against the activists but was simply performing his duty.

"It's difficult to group the suspects together should officials want them again so even if our task [investigation] is done, we should still detain them," said Pol Capt Vitoon.

Rangsiman Rome, 23, a master's degree student in law at Thammasat University and one of the detained students, pleaded in court for their release.

"Those who got bail have not interfered in the probe. Our liberty is also not an obstacle to the investigation as the process is already complete. So why do the police still want us to be detained?" said Mr Rangsiman.

He told the court that several students suffered rashes and other ailments during their detention.

Mr Rangsiman also insisted that the Military Court had no authority to try them.

The NCPO order No.37/2014 which allows civilians to be tried in military courts was issued when martial law was invoked, and it was not relevant as martial law has been lifted, he said.

Their activities on that day were also within the oversight of the authorities. "So why are we accused of breaking the law?" Mr Rangsiman said.

The arrests were unlawful, and there rights and charges against them were not explained to them. "We were pushed and carried away to police cars," he said.

Nanthapong Panmat, 24, a master's degree student in political science at Ramkhamhaeng University, told the court the students believed they had helped society by speaking up about rights and liberties and an important concern for the country -- the constitution.

"If we have to be detained in prison for whatever reason, it means our basic rights will be crippled, and we will go on hunger strike," said Mr Nanthapong.

Noopit Lokate, 42, the mother of Anan Lokate, a detained Ramkhamhaeng University student, said she supports her son and that his conscience is clear.

"I don't think he did anything wrong. He was educated in the monkhood to the 7th level [9th is the highest]. He knows what he's doing," said Ms Noopit.

She thanked the judges for the release of the activists and the lawyers for helping her son. "Society will hopefully understand that these students were just doing their duty as citizens," said Ms Noopit.

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