Court speaks out on teen held for LM
Mother ‘failed to appear for bail’, forcing 40-day stay
The Central Juvenile and Family Court has waded into the case of a 15-year-old girl who has spent over 40 days in a juvenile facility.
In remarks issued on Saturday, the court said the girl’s mother failed to appear for her bail, which led to her extended stay in the facility.
Thanalop “Yok” Phalanchai has been held at the Ban Pranee Juvenile Vocational Training Centre for Girls in Nakhon Pathom.
She was brought to court on March 29 on a charge of royal defamation, specifically under Section 112 of the Criminal Code, which pertains to the lèse majesté law.
According to reports, Phra Ratchawang police apprehended her on charges of live-streaming the act of spray-painting graffiti on a wall of the Temple of the Emerald Buddha on March 28, in clear violation of the lèse majesté law.
She also faced accusations of breaching the law last year, when she was just 14. In addition, she also faces charges of breaching Section 368 of Criminal Code and Section 4 of the Advertisement by Using Sound Amplifiers Control Act 1950.
According to the court, investigators pursued an arrest warrant for the girl after she failed to comply with police summon requests on two occasions: Feb 2 and Feb 15.
Thai Lawyers for Human Rights told police that Yok was unable to meet the officers as she was preparing for an exam to enter Mathayom 4 (Grade 10).
They asked police to reschedule the appointment to April 9 at 10am. However, it appeared Yok was just buying more time as she was found to be engaging in activism near the United Nations Office on Feb 18.
So, the court issued an arrest warrant for Yok under Section 66 of Criminal Procedure Code and Section 67 of Juvenile and Family Court and Procedure Act 2010.
The court also formed legal advisory team for Yok. As the arrest was debated in the courtroom, neither of the girl’s parents were present.
A temporary guardian was there, as her mother was reportedly sick.
As the girl appeared to live with her mother, the court was unable to release her. Under Section 73 of Juvenile and Family Court and Procedure Act, the girl cannot be released to someone she does not live with.
Those who are associated with the girl can seek her release under Section 106 of Criminal Procedure Code.
The charges against Yok sparked a protest at the Samranrat police station on May 10. They spray-painted the place and broke the doors.