Court Orders Release of Two Defendants Under Reconciliation Act
A Thai court ordered the release of two defendants under a reconciliation law that took effect in August, allowing student Sinthupai and activist Tae Madeang to leave prison after the court found sufficient legal grounds for their acquittal
Nattawut Saikeua, a former core leader of the United Front for Democracy Against Dictatorship, posted updates on Facebook on September 28 regarding the court proceedings for the release of defendants under the Building and Strengthening Peaceful Society Act, which took effect on August 24.
On August 26, legal representatives filed petitions for the release of student Sinthupai and Nopphorn Naemchiangtai, known as Tae Madeang. The court scheduled a hearing for September 28. Although the legal team filed two additional requests for an earlier hearing, the court maintained the original date.
On September 28, both defendants appeared in court for the hearing. Their lawyers submitted statements of defence, supporting documents, and witness lists. Lawyers for other defendants also filed motions for bail and requested the court to issue warrants releasing other fugitive defendants.
The prosecutor stated that the case involved criminal charges and objected to hearing defence testimony. However, the court determined that sufficient facts and legal grounds existed to render a verdict without hearing witness testimony. The prosecution proposed three points of contention: that the incident location was not a political venue, that the protest against the ASEAN summit was not political in nature, and that victims other than the Prime Minister were involved.
The defence lawyers argued that factual circumstances could not change statutory provisions and that the law provided grounds for acquittal on both criminal and civil charges. Lawyers representing other defendants noted that the private plaintiff had withdrawn the case.
The court reviewed only the documents and issued orders releasing defendants two, four, and five, and rescinding the arrest warrant for defendant sixteen. Other defendants must file new petitions. The court ordered relevant agencies to update their systems accordingly.
Student Sinthupai and Tae Madeang left the prison and returned home. Nopphorn was cleared of fugitive status and could return home. Other defendants facing imprisonment indicated they would file motions to expunge their criminal records and be declared innocent. Additional cases will proceed according to scheduled court dates.
