Court overturns penalty for Jon, others for 2007 protest

Prosecutors had accused the 10 of leading protesters to block entrances to the Parliament with six-wheel trucks carrying large loudspeakers, as well as preventing Parliament officials from going inside the compound to carry out their duties while hundreds of protesters broke into the Parliament and assaulted security officials.
The Criminal Court on March 28, 2009 sentenced six defendants to two years in jail and fines of Bt9,000, but the sentences were commuted to one year and four months on the grounds the defendants’ testimonies were of use to the trial.
Four others, sentenced to one year in jail and Bt9,000 in fines, had their jail terms commuted to eight months and fines reduced to Bt6,000.
Since the 10 had not served time and their intention was in the national interest, the court opted instead for suspended jail terms of two years each.
The 10 challenged the court’s decision in the Court of Appeals, arguing that their protest was protected by the charter at that time and that they were protesting against laws that had a huge impact on the public – including privatisation of state enterprises, an autonomous university, and laws to control public rallies.
The defendants said they protested against a coup-installed government that was rushing to pass bills that gravely affected public interest and their rights and freedom – even though a general election was around the corner. They demanded the bills be considered by an elected Parliament.
The court ruled that although the defendants and other protesters climbed over the fence of Parliament, they did not carry arms or damage property or block officials from working. They submitted a petition with authorities and left the premises.
The court said the 2007 charter also protected the rights of people to stage a peaceful rally without arms. It then ruled to overturn the lower court verdict.
Jon proclaimed victory but voiced concern that the National Legislative Assembly might pass legislation banning protests of the kind he staged on that day. The protesters would face a zone around Parliament that was off-limits.
Pairoj Polpet, another defendant, said the court ruling should set a norm for lawmakers that people have the right to oppose laws which they disapprove of.
National Broadcasting and Telecommunications Commission member Supinya Klangnarong, another defendant, said that lawmakers must ensure they heed public opinion before passing laws that affect people’s rights.