The Appeals Court upheld a decision to fine three youth activists 4,000 baht each for violating the emergency decree by participating in the Rainbow Carmob in 2021. In contrast, the adult court had dismissed the same charges against other activists.

Thai Lawyers for Human Rights (TLHR) reported yesterday (15 July) that the three youth activists, Momo, Ping, and Ton-O (full names withheld), were found guilty by the Appeal Court of participating in the Rainbow Carmob protest caravan on 1 August 2021, when the state of emergency was still in effect during the Covid-19 pandemic. The protest was organized by the activist group Feminist Liberation Front Thailand to demand the resignation of then-Prime Minister General Prayut Chan-o-cha. It was part of a wave of over 30 protest caravans taking place across the country around the same time.

The activists were 15 and 16 years old in 2021, when the charges were filed.

A total of six activists from the Rainbow Carmob were charged with violating the emergency decree, unauthorized use of sound amplification, obstructing public roads, and participating in a parade without permission.

Since they were under 18 years old, the three youngest activists were tried in the Central Juvenile and Family Court, while the other activists from the Feminist Liberation Front were tried in the South Bangkok Criminal Court.

While the Criminal Court dismissed the charges related to the Emergency Decree, the Juvenile Court found Momo, Ping, and Ton-O guilty and fined them 4,000 baht each. Ton-O was also fined an additional 400 baht for obstructing a public road. Following the initial ruling, Ping and Ton-O filed appeals.

On 15 July 2024, the Appeal Court upheld the lower court's decision, finding them guilty of violating the Emergency Decree, under which a regulation was issued, allegedly to prevent the spread of Covid-19, banning gatherings of more than five people during the State of Emergency.

The court acknowledged that while the Constitution guarantees the right to freedom of assembly under Section 44, this right is restricted during a State of Emergency. As the Emergency Decree was still in effect at that time, the defendants were found guilty and fined accordingly.

TLHR noted that while the cases against adult activists charged with violating the Emergency Decree by participating in the same event were dismissed, and they received fines only for obstructing public roads under Section 385, the Juvenile Court found the underaged activists guilty.