The Thanyaburi Provincial Court on Tuesday (25 June) dismissed charges filed against activists Benja Apan and Pimchanok Jirataiyanon for raising a red flag with the number “112” on it during a protest in January 2021.  However, they were fined for taking the national flag down from the pole before 18.00.

Pimchanok Jirataiyanon (front) and Benja Apan (back). (Photo from TLHR)

Benja and Pimchanok were charged with violating the Flag Act and Section 118 of the Criminal Code which prohibits performing actions with a symbol of the state to defame the nation. The charges resulted from a protest on 15 January 2021 in front of the Khlong Luang Police Station, when activist Chayapol Danotai reported to the police to face an arrest warrant for royal defamation. During the protest, activists raised a red flag with the number “112” on the flagpole in front of the police station.

Those participating in the protest were charged with joining a gathering of more than 10 persons, causing a breach of peace and violating the Emergency Decree and the Communicable Diseases Acts. The public prosecutor later dismissed these charges, indicting Benja and Pimchanok for alleged violations of the Flag Act and Section 118.

According to Thai Lawyers for Human Rights (TLHR), the Thanyaburi Provincial Court dismissed the charges against Benja and Pimchanok on the grounds that there was no evidence that they treated the flag inappropriately or displayed disrespect towards the nation. The Court noted that a video clip of the incident showed that, after the two activists removed the flag from the flagpole, they handed it to another person and did not drop it to the ground or destroy it. It also noted that the red flag they raised was not a symbol of another nation but rather, as Pimchanok testified, a symbol of protest over Chayapol’s prosecution.

According to an Office of the Prime Minister regulation issued under the Flag Act, the national flag must be raised at 8.00 and lowered at 18.00 each day. Since the activists removed the flag before 18.00, the Court fined them 400 baht each.