Lawyers from Thai Lawyers for Human Rights (TLHR) on 30 January requested bail for 15 people detained pending trial or appeal so they can vote in the 8 February general election and constitutional reform referendum.

The 15 include individuals detained for royal defamation under Section 112 of the Criminal Code, for harming the Queen or her liberty under Section 110, for violating the Computer Crimes Act, and for participating in the 2021 Din Daeng intersection protests.

In their requests, lawyers cited the upcoming general election and referendum. Under Thai law, detainees are not allowed to vote and being denied bail effectively denies them the right to political participation – a damage which cannot be remedied. The lawyers argued that granting them bail would not only protect their fundamental constitutional rights and freedoms, but also show that the courts adhere to the principle that those accused of crimes remain innocent until proven guilty.

TLHR reported that, on 2 – 3 February, the Appeal and Supreme Courts denied all requests on the grounds that there was no reason to change existing orders and the detainees posed flight risks.

Among the detained is human rights lawyer Anon Nampa, who has been held pending trial or appeal since 26 September 2023 on 9 counts of royal defamation. In a handwritten letter sent to the court along with his bail request, Anon wrote that the 2017 Constitution has many flaws and said that he was imprisoned because he championed monarchy and constitutional reform. He also said he wants to vote in favour of a new constitution in the upcoming referendum because he feels that this is the only means by which true democracy can be peacefully established in Thailand.

“Imprisoning me because I fight for democracy is an ineffective effort to suppress change … during my almost 10 years of political activism … people’s worldviews have expanded and changed,” he wrote.

“I call on the courts of justice to be a part of this change, to use your power to release me and all political prisoners so we can vote to amend the whole constitution … it is our intention to change the society so it is more democratic, so that the next generation born on this land will not have to fight and face the same repression that we and the younger generation are facing now.”