The Khon Kaen Municipal Court has ruled that three students are guilty of violating the Flag Act for flying a “monarchy reform” flag in front of the former Khon Kaen University dean’s office building.

The red "Monarchy reform" flag raised onto a flagpole at Khon Kaen University (Picture from TLHR)

Wachirawit Tedsrimuang, Chaitawat Rammarerng, and Chetta Klindee were charged with violation of the Flag Act for lowering the Thai flag on the flagpole in front of the dean’s office building and raising a red flag saying “monarchy reform,” thereby placing the national flag below the red flag, during a protest on 12 February 2021.

An expert prosecution witness said that the students removed the national flag in an inappropriate manner degrading to the country’s honour, since they lowered the national flag to the ground. However, the court ruled that their action is not degrading towards the flag itself since they did not destroy or step on it.

The court said that the students’ actions in inappropriately flying the national flag were disrespectful to the Thai national flag and the country,  and ruled that they are guilty, but suspended their sentence for two years on the grounds that all three are still students and have never been sentenced to prisonent.

Wachirawit said he disagreed with the court’s decision and believes that political expression should never be prosecuted. He said that he will file an appeal.

Thai Lawyers for Human Rights (TLHR) noted that the public prosecutor was not able to summon Wisut Chatranuchat, legal officer for Office of the Permanent Secretary of the Prime Minister’s Office, to testify in court, and the court ordered his removal as a witness. However, the court used Wisut’s testimony during the inquiry process to sentence the students without their lawyers being able to cross-examine the witness – something the lawyers said they will be using as grounds for appeal.

TLHR also noted that, even though the prosecution witnesses said that flying another flag above the national flag and allowing the flag to touch the ground is disrespectful, during cross-examination, all of the witnesses said that they saw the event from a Facebook live broadcast and some said they cannot confirm whether the flag really touched the ground.

Wittawat Yeesarapat from the Khon Kaen Cultural Office also testified that he has never given an opinion about flag use before, and agreed with the students’ lawyers during cross-examination that the national flag is now being used widely, such as at sports event and worn by winning athletes, which is not considered disrespectful.

Meanwhile, the three students said that they intended to perform a symbolic act of protest by raising the monarchy reform flag and did not intend to raise another flag above the national flag, but were t unable to remove the national flag from the flagpole and decided to fold it at the bottom of the flagpole.

When the students arrived at court with their lawyers and other observers, they saw two men with cropped hair, wearing t-shirts and jeans, who looked like plainclothes police, sitting at a gazebo in front of the court. One of the men was also taking pictures of people who come to court for this case.

After seeing the man taking a picture of Pattana Sriyai, the students’ lawyer, who entering the court building after parking his car, an observer went to ask the man why he was taking pictures and told him to delete the pictures. The man did not answer but jumped off the side of the gazebo and rushed out of the court grounds.

Pattana complainted to the Director of the Office of the Khon Kaen Municipal Court, since the men’s actions violated the rights those who are involved in a political case. The Director then ordered the court police to make sure such an incident does not happen again.