Officials from the Metropolitan Police Bureau reported on 13 October 2020 at 19.35 after 21 Democracy Activists were arrested at the Democracy Monument in Bangkok. Police stated that they must organize the cleanliness and to arrange the traffic in the area around the monument. Protestors set up tents and speakers on the road which is not allowed. Officials ordered the activists to remove these objects but the order was ignored. The protestors then splashed paint onto police. Officials arrested 21 democracy activists on the spot and delivered them to the Samran Rat Police Station.
The protestors are facing 8 charges which include,
1. The Thailand Penal Code Section 368 on refusing to comply with an order given by an official. The section states “Section 368 Whoever, being informed of an order of an official given according to the power invested bylaw, refuses to comply with the same without any reasonable cause or excuse, shall bepunished with imprisonment not exceeding ten days or fined not exceeding five hundredBaht, or both.If such order is an order authorized by law requiring a person to assist in carrying on theactivities in the function of an official, the offender shall be punished with imprisonment notexceeding one month or fined not exceeding one thousand Baht, or both”.
2.The Thailand Penal Code Section 215 on the assembly of more than ten persons to do an act of violence, or an act that breaches the peace. The section states “Section 215 Whenever ten persons upwards being assembled together do or threaten to do an act of violence, or do anything to cause a breach of the peace, every such person shall be punished with imprisonment not exceeding six months or fined not exceeding one thousand Baht, or both.
If any of the offenders carries an arm, all the offenders shall be punished with imprisonment not exceeding two years or fined not exceeding four thousand Baht, or both. If the offender be the manager or person having the duty to give orders for the commission of the offence, such offender shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both.
3. The Road Traffic Act, B.E. 2522 Section 114, and 148 on obstructing traffic.
4. The Act on the Maintenance of the Cleanliness and Orderliness of the Country, B.E. 2535 Section 19, 39, 40, and 32 on placing objects on the road or public places without permission.
5. The Act on the Maintenance of the Cleanliness and Orderliness of the Country, B.E. 2535 Section 12 on spilling paint on public roads.
6. The Thailand Penal Code Section 385 on placing an object in public places that may interfere with the safety or convenience of traffic. The section states “Section 385 Whoever, without the lawful permission, unnecessarily obstructing the public way by placingor leaving thereon any thing or by acting by any means up to it may interfere with thesafety or convenience of traffic, shall be fined not out of five hundred Baht”.
7. The Thailand Penal Code Section 358 as the protestors sprayed paint onto officials’ clothing which is damaging personal property. The section states “Section 358 Whoever, damaging, destroying, causing the depreciation of value or rendering useless theproperty belonging to the other person or which the other person to be the co-owner, suchperson to be said to commit mischief, and shall be imprisoned not out of three years orfined not out of six thousand Baht, or both”.
8. The Controlling Public Advertisement by Sound Amplifier Act B.E. 2493 Section 4, and 9 on using a sound amplifier without permission.
