Anon Nampa and 4 other activists sentenced to prison for royal defamation over protest speeches

Human rights lawyer Anon Nampa and four other activists have been sentenced to prison for royal defamation over their protest speeches delivered on 25 November 2020. Anon’s cumulative sentence in royal defamation cases is now 34 years and five months. 

The five pro-democracy activists included Anon Nampa, Wanwalee Thammasattaya, activist-turned-reporter Phongsatorn Tancharoen, Promsorn Veerathamjaree, and Nawat Liangwattana. 

Among the defendants, Anon and Nawat are currently detained at the Bangkok Remand Prison, while Promsorn is being held at Thanyaburi District Prison for another case, and has been on a hunger strike since 1 July to demand the right to bail. 

According to Thai Lawyers for Human Rights (TLHR), the case stems from the 25 November 2020 protest, which was initially planned to take place at the Crown Property Bureau. Organisers later changed the venue to the SCB headquarters due to the authorities’ heavy deployment of security measures.

The protest speeches, delivered by the defendants, mainly criticised Gen Prayut Chan-o-cha administration after the junta-appointed National Legislative Assembly passed the 2017 Crown Property Act. The Act revised the regulations governing the administration of crown property, placing the management of crown property under the King's authority as a royal prerogative.

They were indicted on 19 November 2021 on the grounds that their speeches led to public misunderstanding that the King intended to bring the public property under his control and exercise the prerogative to interfere with the political and government affairs.

During the trial, irregularities were reported. The Court refused to summon documents and witnesses as requested, although the defendants insisted that such evidence was essential to the trial. 

A court clerk also recorded video and audio of the proceedings in the courtroom, although no request to use the electronic hearing system (e-Hearing) was filed. The Court also prohibited anyone from disseminating courtroom proceedings to the public unless being allowed by the Court.

TLHR reported that the Criminal Court on 30 October sentenced the defendants to four years in prison for royal defamation. The prison term was later reduced to two years and eight months. 

The Court concluded that the defendants’ speeches affected public trust in the King, an unacceptable defamation of the royal institution that could not be justified with reference to truth or falsehood of their statements.

TLHR later reported that bail requests for Wanwalee and Phongsatorn were submitted to the Appeal Court for approval, a process which typically take two to three days.  Both will have to remain in detention pending the Appeal Court decision.

For Anon, this case marks his 12th royal defamation case in which the Court of First Instance delivered its verdict. He is now facing a cumulative prison term of 34 years and five months. In this case, he was both a defendant and lawyer, representing Nawat. 

During the trial, Anon had to perform his duties as a lawyer while wearing a prison uniform and leg shackles.

Anon has been detained pending appeal at the Bangkok Remand Prison since 26 September 2023.  He currently has two remaining royal defamation cases under trial.