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The Supreme Court today (5 September) denied bail for two pro-democracy activists convicted of royal defamation over protest speeches they delivered in Chaiyaphum Province in 2021.

Jatupat Boonpattararaksa and Atthapol Buapat were charged with royal defamation, sedition, violation of the Emergency Decree and the Sound Amplifiers Control Act for protest speeches they made in front of the Phu Khiao Police Station and Phu Khiao School on 1 February 2021.

The Phu Khiao Provincial Court found them guilty in September 2024. Jatupat was sentenced to 2 years and 12 months in prison, while Atthapol was sentenced to 2 years.

On Wednesday (3 September), the Appeal Court ruled to uphold the guilty verdict and prison sentence. The ruling was made on the grounds that, although their speeches did not mention specific monarchs, the Court believes that they were referred to the late King Bhumibol and his son King Vajiralongkorn as they were born during the reign of King Bhumibol and are living in the reign of King Vajiralongkorn. The Court also ruled that defaming past kings is an offence under the royal defamation law as the law does not specifies that it only refers to defamation of a reigning kings, and because defaming past kings also affect the current one. If the law is interpreted so that it only applies to the current King, it could create a loophole where the current King can be defamed.

The Court also said that, although Jatupat said in his own defense that he was speaking about the monarchy as an institution, it believes that the term ‘monarchy’ refers to the King, the Queen, and the Heir Apparent.

Jatupat and Atthapol filed for bail pending appeal with the Supreme Court. Their bail requests were forwarded to the Supreme Court for consideration, while they were detained at the Phu Khiao District Prison.

Thai Lawyers for Human Rights (TLHR) said today (5 September) that the Supreme Court denied them bail on the grounds that they face several counts of the same charges and are a flight risk.

Their detention brought the number of people detained pending trial or appeal on a royal defamation charge to 18.

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