CHAIYAPHUM/KHON KAEN - The anti-coup activist on hunger strike was released on bail on Friday only to be detained shortly after for violating another of the junta's orders in May last year.
Jatupat: Granted bail, but detained again
Phukhieo Provincial Court on Friday granted bail to student activist Jatupat Boonpattararaksa after he was charged with breaking the referendum law by disseminating pamphlets questioning the merits of the draft charter ahead of the Aug 7 vote.
According to his lawyer Anon Nampa, Mr Jatupat was granted bail. The 150,000-baht surety requested by the court was paid in 30,000-baht cash together with his father's lawyer certificate.
However, not long after being granted bail, Mr Jatupat was detained by Khon Kaen police and brought to hear charges of defying the National Council for Peace and Order's (NCPO) ban on political gatherings on March last 2015, in protest against the 2014 coup.
Anon Nampa, his lawyer and Sirawith 'Ja New' Seritiwat, a leader of the New Democracy Movement (NDM) to which Mr Jatupat belongs, on Saturday filed a plea with the Military Court at the 23th Military Circle in the province for his release.
Mr Anon claimed since police filed the new case against him outside official hours, or at 7.30pm, it was not legitimate and asked the court to dismiss the case. In the meantime, he sought an immediate release of Mr Jatupat during trial without bail as allowed by law since the maximum punishment for the offence was only six months.
The Military Court dismissed the plea on Saturday afternoon, saying unlike civilian courts, a military court did not have rules against accepting a case outside official hours. It also rejected the argument that Mr Jatupat should be released without bail because he was sick.
The court denied him bail and set the date for the first hearing on Tuesday.
Mr Jatupat's lawyer said with the court's decision, he would proceed to apply for suspension of his client's study at Khon Kaen University's Faculty of Laws as requested by his family and asked the provincial court in Phukhieo to withdraw the previous case so it could be merged with the new case he was facing in Khon Kaen.
Early on Saturday, Mr Jatupat's 50-year-old mother, Prim, and sister Prinn, 16, protested his detention by sitting in front of the police car that was to take Mr Jatupat away.
They urged police to let him go so he could enrol again at Khon Kaen University because yesterday was the deadline for enrolments.
"Where is justice and sanity in our society? A decent request for free speech leads to being locked up," Ms Prim said.
Mr Jatupat was most recently arrested with his friend Wasin Phrommanee on Aug 6 at a market in Phukhieo district as they disseminated pamphlets from the NDM disputing the merits of the draft charter.
"At least I've been fighting against the unjust and heartless laws on my own terms. Now I'll act in accordance with the NDM," Mr Jatupat said yesterday behind a glass door inside the Phukhieo Provincial Court before receiving bail.
The 25-year old anti-coup activist has been in several legal battles since the coup on May 22, 2014.
His other charges include violating the NCPO's orders during a demonstration on June 24 this year at the Democracy Monument in Bangkok and during referendum discussions on July 31 in Khon Kaen.
"I've completed ... my defiance against the injustice," Mr Jatupat said.
He said he respected the NDM's resolution that its members seek bail to fight legal cases and was ready to do whatever he could to win.
Holding bamboo poles with postcards written from sympathisers in Bangkok stuck to them, about 50 supporters walked 1.4km from the prison to the court to support Mr Jatupat yesterday.
"A hunger strike was the only way I could show defiance against the unjust and heartless laws and authorities while in captivity," the student activist said.
His mother earlier said she was concerned about his health and safety but "it's his choice to lead his life for other people -- it's in the same footsteps as his father's".
"I never hoped or wanted him to be a hero," said the housewife-turned-lawyer.
"Fighting against the state state apparatus is a thankless and harmful task."
His sister Ms Pinn said she was proud of him as he was outstanding and daring.
"Some of my teachers have made cynical remarks how much money he got to protest here and there," said Ms Prinn, a Phukhieo secondary school student.
"I'm not disturbed as I know my brother well." She said her brother was not a criminal or a murderer as he just disseminated leaflets about the referendum and defended democratic principles.
Rangsiman Rome, who is the NDM core leader, said: "We came here to get our friend.
"That's why we agree that he needs bail and he respects our decision. The rest we will discuss later."
Before Mr Jatupat was brought back to the prison waiting for the bail, his Dao Din friends whispered through the hearing holes that he was missed by all.
"Democracy, human rights, participation, justice and peaceful means," Mr Jatupat heard his friends and supporters whispering in unison with their fists softly knocking on the glass.
Human Rights Watch said on Tuesday the NCPO "should immediately free Jatupat and other activists".