Case

Case name

Joe Gordon (Translator of the book "The King Never Smiles")

Illegal dissemination of information Lèse-majesté Sedition

Name of persons / Name of Media

Lerpong W.

Status of Accused

Royal pardon

Offense / order

Article 14 (3) Computer Related Crime Act, Article 14 (5) Computer Related Crime Act, Article 112 Criminal Code, Article 116 Criminal Code

Summary

Joe G., a Thai-American citizen, was accused of being the admin of a blog called "Baht Diaw" and the owner of the pseudonym "Sin Sae-Jiw". On the blog, a download link to the Paul Handley's book, The King Never Smiles, was posted. In the case filed, it is stated that he was involved in translating the document into Thai. Mr. Joe decided not to defend the case. The court gave him a moeity (reduced the sentence by half, hence, 2 years and 6 months)

Basic information

Background of accused

Joe W. Gordon or Lerpong W. (his former Thai name) is an American citizen resided in Colorado, US for nearly 30 years. He was born in Nakhon Ratchasima, a province in the Northeastern part of Thailand.

Complainant / Plaintiff

Department of Special Investigation (DSI) and the Center for the Resolution of Emergency Situation (CRES)

Legal Claims

Offence against security, Illegal dissemination of information, Lèse-majesté, Sedition

Form of restriction on freedom

Charge filed
Type of media

Website / Blog
Province

Bangkok
Black case

คำอธิบายคดีดำ ภาษาอังกฤษ

No: อ.3328/2554 Date: 2011-08-17
Red case

คำอธิบายดคีแดง ภาษาอังกฤษ

No: อ.4915/2554 Date: 2011-12-08
Arrest warrant

318/2554 on 2011-05-24

Details of offence according to charge

Joe G. has been alleged by DSI that he owns a blog which offers a link to download “The King Never Smiles" and also has been involved in the online publication of a Thai-language version of the book.

The King Never Smiles is a book about the life of H.M. Bhumibol Adulyadej. It was written by Paul Handley, a freelance journalist who lived and worked as a foreign correspondent in Thailand for many years. The book, which was published by Yale University Press, was released in 2006. The book is currently banned in Thailand.

According to the arrest warrant which was issued by the DSI and submitted to the Criminal Court indicated that CRES and DSI complained to DSI officer that

“during 2 November 2007 until 22 October 2009, Mr.Lerpong W. under the alias as Mr.Sin Saejiw posted the message and the link in sameskyboard.com on 22 October 2009. The message and the link provided the access to Thai translation version of a book entitled The King Never Smiles which is banned in Thailand because of its content about HM the King (King Rama IX). The DSI claimed that when they accessed the link, they found that it is related to bahtdew [dot] blogspot [dot] com which belongs to Mr.Lerpong W. under the alias as Mr.Sin Saejiw who claimed himself as the translator of The King Never Smiles and the owner of bahtdew [dot] blogspot [dot] com so the DSI submitted the arrest warrant request to the Criminal Court.”

Circumstance of arrest

Joe G. was arrested by the Department of Special Investigation (DSI) on 24 May 2011 at his home in Nakhon Ratchaseema province, which is located in the Northeastern part of Thailand.

According to the arrest warrant 318/2554 (dated 25 February 2011), which was approved by the Criminal Court, Joe has been charged with lèse majesté law (Section 112 of the Criminal Code), for inciting unrest and disobedience of the law in public (Section 116 of the Criminal Code), and for disseminating computer data which threatens national security (Section 14 of the Computer Crime Act).

Joe told the reporter that when DSI came to his house in Na Khon Ratchaseema Province “they brought twenty officials with them, to my house. I'd just come out of the bathroom. I was only wearing a towel around my waist. So I asked them, 'Can I put some clothes on, please?' They said, "No! Sit right there," as they went through my things. Then they took all my money, my computer, my hard drive, and my phone.”

Progress of case

Since his arrest from 24 May 2011 onward, Joe G. has been denying all charges pressed against him. Joe G. is currently detained at Central Bangkok Remand Prison.

He has the access to legal counsel and family members. His lawyer submitted title deed valued 1.7 million baht (57,000 US dollars) for bail and gave the reason, according to article 9 in the International Covenant on Civil and Political Rights (ICCPR), which Thailand ratifies, that Joe G. needs medical attention because of his high blood pressure and gout symptoms. The Court denied the bail request, citing that his alleged offenses affected national security and the revered monarchy, which carried severe punishment and that he might intervene with evidences and witnesses. After having his right to bail rejected eight times, Joe G. He decided not to further defend the lawsuit on 10 October 2011, which was the first day of his trial. The court was going to deliver his verdict on 9 November 2011. Due to the heavy flood in Bangkok, the date of verdict was postponed to 8 December 2011. Until 8 December 2011, Joe G. have been detained for 199 days (6 months and 15 days).

11 July 2012, AP reported the release of Jor Gordon on late 10 July 2012 by Royal Pardon. According to AP, the U.S. Embassy spokesman Walter Braunohler said, no reason has been given for the pardon but the US officials have frequently pressed Thai authorities for international standard on freedom of expression.

Mr. Gordon's lawyer also gave an interview to AP about the possible plan for Mr. Gordon to return to the US within few days.

Reference

US man jailed for translating Thai king book freed, 10 July 2012 (accessed on 11 July 2012)

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