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Case
Case name
Sombat Boonngam-Anong : 116
Sedition
Name of persons / Name of Media
Sombat Boonngam-Anong
Case status
คำอธิบายสถานะคดี ภาษาอังกฤษ
On trial in Court of First Instance
Status of Accused
On bail
Offense / order
Article 14 (3) Computer Related Crime Act, Article 116 Criminal Code
Summary
Sombat or Bor Kor Lai Jood was charged under Section
116 of Criminal Code and Computer-related Crime Act after he was arrested on 5 June 2014. He did not cimply with NCPO order and posted messages on Facebook urging people to protest against the coup.
Basic information
Background of accused
Sombat Boonngam-Anong, “Nuling”, who is widely known by his internet pseudonym “Bor Kor Lai Jud”. He was a former committee chairman of the Mirror Foundation and served as a webmaster of many social service-related websites. Furthermore, he has been the leader of the Red Sunday group.
of many social service-related websites. Furthermore, he has been the leader of the Red Sunday group.
Sombat had been working in the field of social service. However, since the military seized the power in 2006, he distinctively expressed his opposing standpoint against the junta and became a leader of “Pollamuang Piwat Group” and "19 September Network Against Coup.” Besides, Sombat and his friends founded another anti-coup groups named "Democratic Alliance Against Dictatorship " (DAAD) in order to oppose the coup and call for a new election.
In 2010, the DAAD changed its name to “United Front of Democracy Against Dictatorship” (UDD) and organized several symbolic activities such as tying up red ribbons at the Ratchaprasong intersection in order to call for responsibilities from the military government over its operation, namely “tighten the area” around the protest which resulted in numerous casualties.
Legal Claims
Offence against security, Sedition
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Form of restriction on freedom
Charge filed, Threats by police / military
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Type of media
Social Network
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Province
Bangkok
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Court
Bangkok Military Court
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Black case
คำอธิบายคดีดำ ภาษาอังกฤษ
Court: ศาลทหารกรุงเทพ No: 24 ก./2557 Date: 2014-07-29
Circumstance of arrest
After the National Intelligence Agency tracked down Sombat’s IP address that he used to post defying messages on the internet, Sombat was arrested during the night at his residence in Phan Thong District, Chonburi Province on June 5, 2014. The arrest was a joint operation between a chief of the Technology Crime Suppression Division (TCSD) and the 21st Infantry Regiment officials. Afterwards, he was detained for questioning at the 21st Infantry Regiment before being brought to the Military Court.
Shortlybefore being arrested, he posted the message on his personal Facebook: "I’ve been arrested already.” After that, Sombat has been sent to unidentified military camp for further investigation.
before being arrested, he posted the message on his personal Facebook: "I’ve been arrested already.” After that, Sombat has been sent to unidentified military camp for further investigation.
Progress of case
10 June 2014
Sombat’s wife, Ketsuda Boonngam-Anong, submitted a request to visit her husband because she was informed earlier that her husband was detained at the Army Auditorium on Thewet Road. However, the officer told her that her husband has never been brought there. Later, after hearing the news reporting Sombat was confined at the 21st Infantry Regiment, Queen’s Guard in Chonburi province, Ketsuda, along with officials from the National Human Rights Commission of Thailand, went to the battalion asking if they could visit Sombat, but the answer they received was that he has never been sent there either. Deprived rights to see her husband, Ketsuda called on NCPO to be more concerned over her husband’s basic rights by allowing the detainee’s relatives to know a place of detention.
12 June 2014
At 10.00 am, the military officers sent Sombat to the Crime Suppression Division for more interrogation, including notifying him all allegations.
Around 12.10 pm, Sombat was taked to the Military Court with 3 charges against him. The first charge comprised 2 counts of defying an order of the NCPO, which twice summoned him to report to the military. The second charge was filed under Section 116 of the Criminal Code, while the third charge was under Section 14(3) of the Computer-related Crimes Act which prohibits any offence involving importing of any computer data related with an offence against the National security. Sombat had his lawyer filed a request to bail him out; however, the petition was opposed by an investigation officer. Subsequently, Sombat was taken to detain at the Bangkok Remand Prison.
of any computer data related with an offence against the National security. Sombat had his lawyer filed a request to bail him out; however, the petition was opposed by an investigation officer. Subsequently, Sombat was taken to detain at the Bangkok Remand Prison.
23 June 2014
At 10.45 am, the Military Court has considered a police request to further detain Sombat for a second 12-day period, from 24 June to 5 July. The investigation officer stated that the detention extension was of the essence as the police has to scrutinize the criminal record determined from his fingerprint as well as to find additional evidence to support the computer-related offence.
Meanwhile, Sombat objected to the provisional detention request saying that the investigation procedures could be carried out without additional interrogation; he thus viewed that the second detention period was unnecessary. However, the court approved the police's request. His lawyer, Anon Nampa, immediately requested for temporary release.
His lawyer then submitted 400,000 baht bail with a pledge that if the bail was granted, not only Sombat would refrain from political activity and fully cooperate with civil officers but he would get back to continue social service work and take care of his daughter and family. Or if the court imposed any restrictive conditions, Sombat would be willing to comply with terms uncompromisingly.
At 2.20 pm, Anon said that the court dismissed the bail request as they were afraid that Sombat would flee. The lawyer and his team would discuss another way to persuade the court to release Sombat, which would be done by either offering higher bail amount or finding a witness to guarantee that Sombat would not flee.
4 July 2014
Bangkok Military Court granted a permission to remand Sombat on his third provisional detention since the investigation officer had to hear another witness and verify his criminal record, then, a conclusion report could be submitted to its chief. The 12-day period of detention would start from 7 July to 16 July.
The court approved the bail request with the agreement which prohibit him from making any political moves and from leaving the country. Sombat assured that after he was freed, he would continue his work at Mirror Foundation and stop participating any political activities or any movements against the coup. He also said that the detention at Bangkok Remand Prison has allowed him to exchange political opinions with other detainees who have different standpoints and provided a good opportunity to understand each other in a broader dimension. However, his attitude remains unchanged.
Sombat also expressed his viewpoint over the current political issue, saying that the military seizure of power was completed therefore the public should rather develop a vision for the future and come up with some middle-of-the-road solutions. He admitted that his political role would end from then on, and he would cooperate with the government sectors. Furthermore, he claimed to the journalists that he would like to call for an end to anti-coup protest as the history has already been recorded how much people have roared their opposition against the junta. Hence, he wanted to encourage people to wear red shirts on Sunday as symbol of their intention instead of protesting, and he further urged them to concentrate on examining a pending process of reconciliation and political reform.
on Sunday as symbol of their intention instead of protesting, and he further urged them to concentrate on examining a pending process of reconciliation and political reform.
In addition, Sombat said that he was ready to take part in reconciliation process as he could manage his way to nonviolent movements; meanwhile, the opportunity to participate in the national reconciliation process should be granted for nonviolent activists as well, he added.
Reference: Prachatai
17 July 2014
As the latest provisional detention was due to expire on that day, the investigation officer has filed another request for the fourth-phase detention of Sombat starting from 18 to 29 July. Due to the incompletion of the witness interrogation and evidence gathering, the court has set the bail at 600,000 baht with the previous conditions that during the provisional release, he must not get involved in political activities and was prohibited to leave the country unless permission was granted.
4 September 2014
Bangkok Military Court, the Court scheduled for preliminary hearing. The Court started reading accusation that the judge advocate accused the defendant for wrongdoings under Section 116 of Criminal Code and Section 14(3) of Thai Computer Crimes Act B.E. 2550 (2007).
116 of Criminal Code and Section 14(3) of Thai Computer Crimes Act B.E. 2550 (2007).
The defendant’s accusation was committed from 30 May 2014 to 4 June 2014 and during daytime and nighttime. It was the period that National Council for Peace and Order (NCPO) deposed the government and took control the power in order to maintain peace and order. To solve social and political crisis, the NCPO issued an order to ban political gatherings of more than five people. The defendant acknowledged the order but he still published messages in Thai language on his Facebook and Twitter for provoking. The defendant called for general public to challenge and rally against the NCPO in order to deny its authority to govern the country. This could cause confusion and resistance among the public, which would lead to disorder in the country.
Mr. Sombat, nonetheless, denied all accusations and asked for fighting the lawsuit. The Court scheduled for pre-trial evidence examination on 25 November 2014.
25 November 2014
Pre-trial evidence examination
The Bangkok Military Court, representatives from the Embassy of the Kingdom of the Netherlands, and the Embassy of France came to observe the procedure.
The defense lawyer asked the Military Court for rendering the case to Constitutional Court to consider whether the NCPO announcement No. 37/2557 and No. 38/2557, which stated that legal cases were to be trialed by the Military Court, was against Section 4 of 2014 interim constitution of Thailand or not.
Thailand is a member of International Covenant on Civil and Political Rights (ICCPR). ICCPR states that courts must be independent, and any defendant in any criminal case must have a right to appeal the ruling. For this case, a civilian was trialed at a military court during the martial law and the military court’s decision was the final, which could not be appealed. This was against the ICCPR’s obligations.
The military court granted the defense lawyer’s complaint. However the judge advocate rejected and stated that the Announcement was not against the constitution. So the court ordered the judge advocate to file a petition against it within 30 days and scheduled for hearing the complaint’s result and examining the pre-trial evidence on 23 January 2015.
