The Pathumwan Municipal Court has dismissed charges filed against 8 pro-democracy activists and 1 Pheu Thai MP for an 16 October 2020 protest, Thai Lawyers for Human Rights (TLHR) reports.
Nawat Liangwattana, Shinnawat Chankrajang, Panupong Jadnok, Attapol Buapat, Suwanna Tanlek, Thatchapong Kaedam, Korakot Saengyenpan, and Sirapob Phumphengphut were charged with defying the ban on mass gatherings imposed during the severe state of emergency declared in Bangkok during the height of the 2020 pro-democracy movement. Dr Tossaporn Serirak, now a Pheu Thai MP, was also charged.
8 of the defendants were indicted on 18 October 2024, 4 years after the protest. Panupong left the country and was not present during the indictment.
According to TLHR, the Pathumwan Municipal Court yesterday (5 August) found the defendants not guilty on the grounds that the activists were exercising their constitutional right to protest. The Court noted that they joined the protest to criticise the government, and that no violence took place, no property was damaged, and the protesters were unarmed.
The Court also noted that the prosecution could not prove that the protest risked the spread of Covid-19 as most protesters were wearing masks and so were already following disease prevention measures at the time.
Although police used water cannons to disperse protesters, the Court determined that the situation was under control and not particularly severe.
As for Dr Tossaporn, the Court found him not guilty because he testified that his party ordered him to observe the protest and provide medical assistance. The prosecution also did not present evidence that he was giving speeches attacking the government, ordering protesters to gather and move, or even participating in the protest.
The 16 October 2020 protest was one of the largest protests of the 2020 student-led pro-democracy movement. It took place at the Pathumwan Intersection in the Siam shopping district following the crackdown on the protest at Government House in the early morning of 15 October, when the Severe State of Emergency was declared.
The protest was originally planned for the Ratchaprasong Intersection, but police blocked the area off ahead the protest, so it was moved to the nearby Pathumwan Intersection.
During the protest, police officers in full riot gear moved into the area near the Siam BTS Station and fired water cannon at the protesters, the majority of whom were high school and university students, while pushing into them with their shields. The water, stained blue with long-lasting dye, reportedly contained chemical irritants. It was the first time crowd control weapons like water cannons were used against protesters during the 2020 protests.
Despite the crackdown, protests continued for over a week after the ban on mass gatherings was declared. The Severe State of Emergency was lifted on 22 October 2020.
TLHR said that at least 75 people were charged for violating orders issued during the State of Emergency in 35 cases. 20 cases have already been dismissed in court and 1 was dismissed by the public prosecutor. Only defendants charged in relations to the 19 October 2020 protest at the Kasetsart Intersection were found guilty.
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