Case

Case name

Tiansutham: posted facebook "Yai Dangdued"

Lèse-majesté

Name of persons / Name of Media

Tiansutham

Status of Accused

Sentenced to prison

Offense / order

Article 14 (3) Computer Related Crime Act, Article 112 Criminal Code

Summary

Tiansutham a 58 years old man was arrested by the police at his residence on 18 December 2015. He was accused to posted message criticized the NCPO and Prayuth's cabinet on facebook account "Yai Dangdued". Some message were accused of lèse majesté.

The military court sentenced him under lèse majesté and Computer Crimes Act for 50 years a from 5 Facebook posts and reduced to 25 years. The 7-day detention under Matial Law does not inculde in the prison term.

Basic information

Background of accused

Tiansutham, 58 years old, graduated from faculty of engineering and now owns a private business. He has no criminal record before. He joined a demonstration with the United Front of Democracy against Dictatorship (UDD) at Aksa road in 2013 as an observer. Normally he received the news from newspapers and social media.

Complainant / Plaintiff

Pol.Lt.Col. Sanpetch Nuthong, the inquiry officer from the Technology Crime Suppression Division (TCSD)

Legal Claims

Lèse-majesté

Form of restriction on freedom

Charge filed
Type of media

Social Network
Province

Bangkok
Court

Bangkok Military Court

Details of offence according to charge

Since June 2014, Tiansutham was the user of the facebook account named “Yai Daengduead” posting the messages criticizing politics and offending the works of the NCPO and the current government led by Gen. Prayuth Chan-o-cha, the Prime Minister. There were graphic pictures with the messages satirizing the government and also mentioning the Royal Institution.

Circumstance of arrest

18 December 2014, around 9 AM, at Sira’s house in Ladprao area, a plainclothes policewomen pretended to ask for somebody’s house nearby. Tiansutham's wife came, opened the door and talked to that policewomen until Tiansutham walked out of the house. After he walked up to the fence to tell her the direction, suddenly, a group of plainclothes policemen arbitrarily arrested him. Tiansutham and his wife were taken to the Infantry Division at the 11th Military Circle. The officers seized his computer, computer’s device and cell phone for investigation.

Progress of case

18 December 2014

Around 9 AM, Tiansutham was arrested at his house in Ladprao area. At that time, Tiansutham accepted that he is the user of the facebook account named “Yai Daengduead” and he used it for around 2 years. Tiansutham was detained in the Military Camp under the Martial Law.

22 December 2014

The inquiry officers accumulated the evidences and submitted the request to the Bangkok Military Court for the warrant of arrest of Tiansutham. The court has approved the warrant of arrest.

23 December 2014

The military officers, led by Capt. Piyadol Naak-u-rai, from 11th Military Circle took Tiansutham to the inquiry officers at the Technology Crime Suppression Division (TCSD) to proceed with the case by indicting the charges of Lese majesté and importing false information to the computer system under the Computer-related Crime Act. Tiansutham was detained during the investigation process at Thung Song Hong police station for two nights.

25 December 2014

The inquiry officers took Tiansutham to the Bangkok Military Court to request for the court’s authority to detain him for the first provisional detention, by giving the reason that they need to examine 10 more witnesses and wait for the result of investigation on the seized computers and cell phone, as well the result of fingerprint check.

After that Tiansutham’s wife submitted the request for bail by cash at amount of 400,000 THB and she informed the court that Sira is just a simple man who doesn’t have any power or ability to interfere the evidences. She gave more reasons that Sira has healthy problem since he has sinusitis, allergy and gastritis. He needs to get medicine and see the doctor regularly, and he has business to carry on for taking care of her and their three children.

The court issued the order not to approve the bail because it saw this case as a severe case which the accused can flee after release. There is no more cause to approve the bail.

5 January 2015

At the Bangkok Military Court, the inquiry officer submitted the request for the second provisional detention and the lawyer from the Thai Lawyers for Human Rights submitted the request for bail again. The court did not approve the bail for the second time by giving the reason that as considering on the case, it is severe and the court has never approved the bail and there is no reason to approve it, so, again no approval for the bail request.

31 March 2015

Deposition examination

The Bangkok Military Court scheduled for a deposition examination of Tiansutham in the moring. The court ordered to try the case in camera, Tiansutham's wife as well as other observers were not allowed to present in the court room.

The defendant pleaded guilty to all accusations, the court sentenced him to 10 years in prison for each counts, altogether 50 years for 5 counts.

Since the defendant pleaded guilty, the court then mitigated his penalties by half. Tiansutham will be sentence to 25 years in prison.

The court also stated that the 7 day that he had been detained under the Martial Law cannot use to deduct his serving period.

The Verdict

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