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Case
Stared
Case name
Opas: messages written on toilet wall, The first case
Lèse-majesté
Name of persons / Name of Media
Opas
Case status
คำอธิบายสถานะคดี ภาษาอังกฤษ
Judgment / End of trial
Status of Accused
served penalty
Offense / order
Article 112 Criminal Code
Summary
Opas was accused to wrote Lese Majeste message on the wall of a toilet in Seacon Square on 15 October 2014. Security guard of the mall caught him before informed the military to brought him to press the charge.
Opas requested the court to release him on bail and deposit assets worth 2.5 million Baht (roughly 69,000 USD with an exchange rate at 1 USD = 36 Baht). His request however dismissed by the court. On 20 March 2015, Opas pleaded guilty to the charge, the Bangkok Military Court sentenced him to 3 years in prison and reduced to 1 year and 6 months.
While serving sentence of this case, in July 2015 the mililary prosecutor filed another Lese majeste charge against Opas for written message in another toilet wall. The act was committed almost the same time with the act in this first case but the charge was filed only after he was convicted.
In the second case, Opas was convicted to 1 year and 6 months as same as the this case. The sentence of the second case will be count after Opas completed his prison term in this case. Altogether, Opas sentence 2 years and 12 months.
In the second case, Opas was convicted to 1 year and 6 months as same as the this case. The sentence of the second case will be count after Opas completed his prison term in this case. Altogether, Opas sentence 2 years and 12 months.
In August 2016, the Royal Pardon decree was issued. Opas was listed as detainee that set to be release prior to his actual prison term, he was released on 27 August 2016. Overall Opas served 678 days in prison.
Basic information
Background of accused
Opas was a business man. He has never been involved with any political rallies. He has, however, been interested in political affairs, and has listened to a communities radio. Opas was unpleasant to the coup and military government.
Learn more about 'Opas', read : Opas:An old man and his love [112 the Series]
Lt. Col. Burin Thongprapai, a staff judge advocate at the 2ndCavalry Division King's Guard.
Legal Claims
Lèse-majesté
-
Form of restriction on freedom
Charge filed
-
Type of media
Other
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Province
Bangkok
-
Court
Military Court Bangkok
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Black case
คำอธิบายคดีดำ ภาษาอังกฤษ
No: 11ก./2558 Date: 2015-01-09 -
Red case
คำอธิบายดคีแดง ภาษาอังกฤษ
No: 99ก./2558 Date: 2015-03-20
Details of offence according to charge
Opas was accused to wrote Lese Majeste message on the wall of a toilet in Seacon Square. Security guard of the mall caught him before informed the military to brought him to press the charge.
Opas requested the court to release him on bail and deposit assets worth 2.5 million Baht (roughly 69,000 USD with an exchange rate at 1 USD = 36 Baht). His request however dismissed by the court. On 20 March 2015, Opas pleaded guilty to the charge, the Bangkok Military Court sentenced him to 3 months in prison. Due to his confession, the actual serving term was mitigated to 1 year and 6 months.
In July 2015, while serving his sentence, Opas was informed that yet another charge was filed against him. The alleged offense was a message on the wall in a different toilet but in the same department store that was written in the same day with a message in his first case.
Circumstance of arrest
4 uniformed army officers arrested Opas at Seacon Square Shopping Centre and brought him to the 2ndCavalry Division King's Guard for further investigation.
His photos were taken, and other relevant documents were photocopied.
Progress of case
15 October 2014
4 uniformed army officers arrested Opas from Seacon Square Shopping Centre and brought him to the 2ndCavalry Division King's Guard for further investigation. His photos were taken and other relevant documents were photocopied.
The army officers persuasively asked Opas to specify which communities radio station he has listened to. During investigation, he wasn't threatened or injured
In the evening after the investigation, Lt. Col. Burin brought Opas to the Crime Suppression Division (CSD)
17 October 2014
At the CSD, officers informed Opas that the Police would conduct an investigators.
Upon his arrival, there were press and media taking photos as if the police would hold a press conference. Lt. Col. Burin revealed Opas’s name and surname, and the written messages to the press so that they could write the news. This worried Opas very much.
Lt. Col. Burin said that Mr. Opas unintentionally committed a crime. He did because he has been brainwashed by the local radio.
About 11.00 AM, after the press left, a lawyer met Mr. Opas. The army wanted the police to detain Mr. Opas right away. But the police postponed for two days, and would detain Mr. Opas on Monday 20 October 2014 after the investigation.
20 October 2014
At CSD, a lawyer from Thai Lawyers for Human Rights said that CSD inquiry official filed charge against Mr. Opas for writing a message. The accused confessed to the accusation and admitted that the message was written by himself. But he only wanted to criticize the junta, unintentionally defamed the King.
While being investigated, the accused had a lawyer presented during the procedure.
About 1.00 PM, Lt. Col. Burin Thongprapai, a staff judge advocate, the King's Guard,2ndCavalry Division, and Pol. Lt. Chakkri Kulkaew, an inquiry official at CSD, General Division 1, escorted Opas to the Military Court to requested for detention were the court later granted.
Opass's wife submitted a request for temporary release and used a land title deed worth 2.5 million Baht to guarantee. The Court however refused the request given that “If the defendant was released, he could have committed any other offences, or he could have fled.”
Opas was taken to Bangkok Remand Prison.
12 November 2014
At the Bangkok Military Court, the inquiry official filed a request to extend the detention for the third round given reasons that there were 4 witnesses left to interrogate and the accused’s fingerprints examination were not completed. The court granted the request.
The accused's lawyer submitted a request for the second time by using a land title deed worth 2.5 million Baht as a deposit for temporary release.
Moreover, the lawyer added that the accused unintentionally did an alledged offence and had been contrite alreeady. He also wrote a letter to the Office of His Majesty's Principal Private Secretary.
After all, the Military Court’s order was still the refusal. The Court stated that “The Court once refused the request and stated the reason clearly and there was no enought reason to change the order that had been given previously."
24 November 2014
The inquiry official filed a request to extend the detention for the fourth time at Bangkok Military Court, the accused's lawyer however made an objection.
The court granted the request of the inquiry officer given that this case was grave and had heavy punishment.
The accused's lawyer submitted a request for temporary release by used the same deposit as earlier and giving the reason about the accused’s health concern.
However the Court refused the request because the accused could access to health service in the prison. In addition, the Court once refused the request with clearly reasons so there was no other circumstance of the case to change the previous consideration.
9 January 2015
After the pre-trial detention period expired, the military prosecutor submited the complaint to the military court.
The prosecutor accused Opas of defaming the king by giving reasons that the message which written by him on the wall of public toilet deemed defaming the present king.
20 March 2015
Deposition Examination
The Bangkok Military Court started examining Opas's deposition at around 10.15 AM.
Opas pleaded guilty so the court sentenced him to 3 years in prison but mitigated to 1 year and 6 month as he pleaded guilty.
The court stated that Opas provided documents concerning his medical condition. So the court had sentenced him lightly but didn't suspend his sentence.
The proceeding today was conducted openly. An observer from the OHCHR as well as international journalists were allowed to observe in the court room.
7 July 2015
While serving the sentence in prison, Opas was charged and prosecuted on the second case.
16 October 2015
The Military Court examined Opas's deposition of the second case. Opas pleaded guilty. The court sentenced him to 1 year and 6 months that would be start after the first case punishment end.
8 August 2016
Royal Gazette published the royal’s pardon on 2017. Opas was on this criteria on this pardon so he received an early released.
27 August 2016
Department of Corrections scheduled to release Opas but police from Prawet Police Station had an arrest warrant on Opas and waited for him. A lawyer from Thai Lawyers for Human Rights contacted with the police station to ask what warrant this is. The lawyer found that this was the arrest warrant of this case and the case have already had the verdict and Opas has already served his sentence (the case is closed). The lawyer contacted the police to revoke the warrant so the police contacted to Department of Corrections to withdraw the warrant. Finally, Opas had been released and not had to go to Prawet Police Station.
The Verdict
Summary of a verdict of the Court of the First Instance
The court established fact from accusation of the prosecution and from the statement of guilt from the defendant that, the defendant who is civilian had committed an offense against the King under the Article 112 of the Criminal Code. The defendant's offense was an offense that fall under jurisdiction of the military court, in accordance with the NCPO Announcement no.37/2557 (2014) dated 25 May 2014
On 15 October 2014, which was the time that Martial Law is enforcing nationwide, the defendant defamed and insulted the King in front of the third person by used a magic pen wrote a message on the door of a toilet located on the second floor of Seacon Square Department Store, Srinakarin stated that "๋A juggler government robed the nation, Prayuth, a Cross-Eye man implemented rubbish policies and has a main task to fawn upon the XXXXX royal and has Article 112 as the weapon... You bastard, I can see from your face that you are about to meet the end and started to fight with your allies" (iLaw- the word in XXX could not be reveal, the translation is not exact due to the way a message was constructed in Thai)
The statement written by the defendant made the third person or the ordinary people including Sub-Lt. Khampha Mhongput, Teppanom Krutthakol and Kritsana Kongkateyai who read the message understood that the defendant mentioned about the current King of Thailand.
The message devalued status of the king and made him become subject of insult with an intention to make the people lose their faith and loyalty toward the king, this act constituted an offense against the king. The message written by the defendant were fault because, in fact, the King was enthroned in a position of revered worship and shall not be violated. The King positioned himself above all politics and only act for the betterment of the nation and his people.
The court then found the defendant guilty for defaming and insulting the King under Article 112 of the Criminal Code, under the order of the National Reform Council no.41 dated 21 October 1976 section 1.
The court then sentenced the defendant to 3 years in prison, the defendant pleaded guilty benefit to the proceeding mitigated the sentence by half in accordance with the section 78 of the Criminal Code. The defendant shall be punished for 1 year and 6 months in prison.
As the defendant request the court to give a minor sentence and to suspend the prison sentence by attaching the defendant behavior's letter as well as other documents, the court see that the circumstance of crime was severely damaged people's feeling because it was a violation against the King who is respected by the people. The court then see no reason to suspend the sentence. Moreover the court already sentenced the defendant at the minimum level, the request for suspension then shall be dismissed. The magic pen that used to commit an offense shall be confiscated.
The alledged offense of this case was committed during the enforcement of Martial Law, a verdict of the Bangkok Military Court then caanot be appeal.
Additional Information
While serving the sentence in prison, Opas was charged and prosecuted on the second case. See detail of his second case by clicking here
