Thai Court Suspends Jail Term for Prominent Activist Over Draft Evasion

SAMUT PRAKAN — A Thai court on Monday sentenced prominent student activist Netiwit Chotiphatphaisal to six months in prison, suspended for one year, after finding him guilty of evading compulsory military conscription. The Samut Prakan Provincial Court convicted Netiwit under Sections 27 and 45 of the Military Service Act, which criminalise failure to comply with military conscription requirements. The court ruled that Netiwit’s challenge to the constitutionality of the Military Service Act could not succeed because the Constitutional Court had previously determined that the law does not violate the constitution. Judges also rejected his argument that he refused military service on the grounds of religious belief and conscientious objection, ruling that neither constitutes a legal exemption under the Military Service Act. The court suspended the six-month prison sentence for one year, citing Netiwit’s lack of any previous prison record. Netiwit was not present when the verdict was delivered. He is currently in the United States after being admitted to Harvard University Divinity School for a postgraduate programme. Long-running challenge to conscription The case stems from Netiwit’s refusal to participate in Thailand’s military conscription process, which he has opposed for years on moral and religious grounds. In 2018, Netiwit reported for the annual military draft in Samut Prakan but publicly declared that he would not submit to conscription, identifying himself as a conscientious objector. At the time, he argued that forcing individuals to serve in the military against their will violated freedom of thought, conscience and religion. He subsequently sought to challenge the constitutionality of the Military Service Act, arguing that the law failed to accommodate conscientious objectors and discriminated against those whose beliefs prevented them from bearing arms. His legal team also asked the Constitutional Court to determine whether the provisions of the Military Service Act conflicted with constitutional protections for individual rights and freedoms. However, the Constitutional Court later ruled that the legislation was constitutional, clearing the way for the criminal case to proceed. What is conscientious objection? Conscientious objection refers to the refusal to perform military service because of sincerely held religious, ethical or moral beliefs. In many countries, conscientious objectors are allowed to perform alternative civilian service instead of joining the armed forces. International human rights bodies, including the United Nations Human Rights Committee, have recognised conscientious objection as deriving from the right to freedom of thought, conscience and religion under international human rights law. However, countries differ in how they implement that principle. Thailand’s Military Service Act does not recognise conscientious objection or religious belief as grounds for exemption from compulsory military service. Legal exemptions are generally limited to categories specified by the law, such as certain medical conditions, educational deferments and other statutory exceptions. The Samut Prakan court reaffirmed that position on Monday, ruling that conscientious objection has no legal standing under Thailand’s current military conscription system. A prominent activist Now 30, Netiwit first gained national attention as a student activist campaigning for education reform and freedom of expression while studying at Chulalongkorn University. He later became known internationally for advocating democratic reforms, civil liberties and changes to Thailand’s military conscription system. His activism has earned both praise and criticism, making him one of Thailand’s most recognisable student activists over the past decade. Despite Monday’s conviction, Netiwit will not serve time in prison unless he violates the conditions of the one-year suspension. He is currently pursuing postgraduate studies in the United States after being accepted into Harvard University Divinity School. The post Thai court gives Netiwit suspended jail term for military draft evasion appeared first on Khaosod English.