Court ruling to jail peaceful activists ‘unconstitutional’, academics say

Arnon Nampa and Phanuphong Chadnok were arrested last month on charges of sedition and breaching the emergency decree and public health rules, among others.
Arnon had been granted bail on August 8 after being arrested for attending an anti-government gathering on July 18. Police arrested him again on August 19 over his speech at an August 3 rally at Bangkok’s Democracy Monument, then issued a third arrest warrant after he attended an August 10 protest at Thammasat University’s Rangsit campus.
Phanuphong was first arrested on August 7 and again on August 24. The Bangkok Criminal Court last Thursday revoked bail for both activists for allegedly repeating their offences.
“The decision of the court is not in compliance with the Constitution for the following reasons,” said the TANC statement.
“1) The Constitution’s Article 29 stipulates that defendants in criminal cases must be treated as innocent until the court gives a final guilty verdict, and that the detention of defendants is only allowed when there are reasons to believe that the defendant would escape or destroy the evidence. But Arnon and Phanuphong showed no such intention, therefore their arrest and detention are unconstitutional.
“2) The bail condition stating that defendants must not repeat the offence is also unconstitutional, as their actions have not attracted a guilty verdict and therefore cannot be used as example of future offences, especially when their actions are to merely participate in a peaceful, unarmed protest, which is allowed by the Constitution.
“3) Since the 2014 coup d'etat, the judiciary has failed to protect the people from abuse of power by coup leaders and also refused to investigate the use of power by government officials who were following orders of coup leaders in issuing arrest warrants for people who participate in peaceful protests, which is a basic right guaranteed by the Constitution.”
“The TANC therefore would like to demand the following from the judiciary:
1. The courts must use their judicial power to investigate the use of power by government officials, especially in issuing arrest warrants against protesters.
2. The courts must use their power in the name of people and for the people, and be committed to the protection of civil rights according to the rule-of-law principle and democracy.
3. The judiciary should be reformed to make sure that judicial power exists to serve the people and our democracy.”