A court in Loei has acquitted seven anti-mine activists of coercing administrative officials and violating the controversial public assembly law. Their actions constituted freedom of expression and were merely to protect their community, said the judge.
On 19 April 2018, the Loei Provincial Court dismissed a lawsuit against seven members of the Khon Rak Baan Koed group (KRBK), (translated into English as ‘People Who Love Their Home’). The seven are village environmentalists in Wang Saphung District, Loei Province, and faced charges for joining an anti-mine protest in November 2016.
According to the New E-saan Movement, the prosecution came after the seven led a protest at the Khao Luang Subdistrict Administrative Organization (SAO). The protesters demanded the SAO postpone approval of a mining project proposed by Tungkum Company because it would directly damage their community.
Subsequently, 16 SAO staff filed charges against the seven for coercion and violating the controversial 2015 Public Assembly Act, saying that the protesters threatened to harm officials who joined in the meeting.
The court dismissed both charges, reasoning that the villagers did not stage a public protest but merely attended the public hearing hosted by the SAO. And some witnesses, also SAO staff, said that they did not hear any message from the protesters which coerced them or threatened their lives.
The judge concluded that the seven merely exercised their right to freedom of expression, which is guaranteed in the constitution, given that the mining project will directly impact their community.
Pornthip Hongchai, one of the seven, said in an interview that despite the verdict, the members of the KRBK still face two other lawsuits filed by staff of the SAO. All cases are related to the KRBK’s attempts to stand against the project. She added that the villagers are filing a compensation lawsuit against Tungkum Company for contaminating their environment.
According Sutharee Wannasiri of Fortify Rights, the acquittal is a positive sign for freedom of expression in Thailand because the court recognised the villagers’ right to protest peacefully. She hoped this case would encourage people in other provinces to stand up for their community regardless of legal intimidation.
“The wider significance is that their protests have been legitimised. Hopefully, this will encourage communities in the North and Deep South facing similar struggles to stand firm, whether they are resisting mining companies or people trying to extract oil, or build factories on their land. This verdict should also be a signal for future courts to support local people in this struggle,” stated Sutharee.
