Case

Case name

Pongsak: Posting lèse-majesté messages on Facebook

Lèse-majesté

Name of persons / Name of Media

Pongsak

Status of Accused

Sentenced to prison

Offense / order

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

Summary

Pongsak was summoned to report to the National Council for Peace and Order under the NCPO summons No. 58/2014. He, however, didn’t report himself to the NCPO.

Pongsak was arrested on 30 December 2014 at Phitsanulok Transport Station and accused of posting 6 photos and messages deemed to be lèse majesté on his own Facebook named "Sam parr". So he was charged with 6 counts under Article 112 of the Criminal Code (lèse majesté) and Section 14 of the Computer Crimes Act.

The Bangkok Military Court sentenced Pongsak to 60 years in jail. Since the defendant pleaded guilty, the court halved the sentence to 30 years in jail.

Basic information

Background of accused

Pongsak or Sam, is a tour agent from Kanchanaburi province. He participated in the political rallies of the Red Shirt serveral times but he only stayed for a short period of time.

Pongsak's name was appeared on NCPO’s summons order no 58/2014 issued on 9 June 2014. Isra News Agency reported that most of individuals who appeared on this summon were the person who reportedly posted messages deemed lèse majesté.

Complainant / Plaintiff

The military prosecutor at the Bangkok Military Court

Legal Claims

Lèse-majesté

Form of restriction on freedom

Charge filed
Type of media

Social Network
Province

Bangkok
Court

Bangkok Military Court
Black case

คำอธิบายคดีดำ ภาษาอังกฤษ

No: 99ก./2558 Date: 2015-03-24

Details of offence according to charge

Pongsak was accused of posting 6 photos with descriptions deemed lese majeste on his own Facebook named “Sam Parr” as follow:

1. On 4 September 2013, posting a picture of the King Rama 9's sculpture with description

2. On 10 September 2013, posting a picture of the King Rama 9 with description which slander the King and the Queen.

3. On 17 September 2013, posting a picture of the King Rama 8 and the King Rama 9 with description.

4. On 18 September 2013, posting two pictures of banners.

5. On 25 November 2014, posting Facebook status challenging that he's never been arrested.

6. On 29 November 2014, posting a montage with description.

All six alleged pictures and messages was on the internet system untill 31 December 2014 which was his arrested date. At that time, the courntry was uned the Martial Law and the NCPO announcement no. 37/2014 which all imposed lèse-majesté cases have to try at Military Court.

According to the indictment of the military prosecutor, all six times of posting alleged pictures and messages was wrongdoing under Article 112 of the Criminal Code (lèse majesté) and Section 14 of the Computer Crimes Act.

Circumstance of arrest

On 30 December 2014, Pongsak was arrested at the Bus Station in Phitsanulok province after returned from Nakhon Ratchasima province where Pongsak went to meet with his Facebook friend. Pongsak believed that his friend is the agent who tricked him into the arrest.

Progress of case

30 December 2014

Pongsak was arrested at the Bus Station in Phitsanulok province. After his arrestd, he was brought to King Ekathodsarod Camp for further interrogation. He was detained there for 3 days.

Pongsak mentioned that during the interrogation the military did not hurt him but threaten to confess. The military also told him that this case was not a poliutical case but was a matter of National Security.

7 January 2015

Pongsak was brought to the Bangkok Military Court to request for pre-trial detion order for the first 7 days.

16 January 2015

Pongsak was brought to the Bangkok Military Court to request for the second phase of pre-trial detention order.

7 August 2015

Deposition Examination

The Bangkok Military court scheduled the deposition examination against Pongsak at 8.30 am. There are 10 observers and journalists waiting Pongsak in the courtroom no.3 which there was another case waiting to try as well.

At around 10.40 am., a court official took Pongsak from the courtroom no.3 to the courtroom no.1 for his hearing. Before started trial, the court ordered to try the case behind the closed door because the case was effected on the national security.

In the courtroom no.1, the defendant's lawyer asked the court to allow obeservers to come and skip reading the alleged messages in the indictment. But the court denied.

After the hearing, the defendant's lawyer said that the defendant confessed all allegations. So the court sentences him to 60 years in jail under the Article 112 of the Criminal Code and section 14 of Computer Crimes Act.

The court gave 10 years jail term to each of the six lese majeste counts he was charged with. This made him faced 60 years in jail. Since the defendant pleaded guilty, the court, however, halved the sentence to 30 years in jail.

The Verdict

The Bangkok Military Court gave 10 years jail term to each of the six lese majeste counts he was charged with. This made him faced 60 years in jail. Since the defendant pleaded guilty, the court, however, halved the sentence to 30 years in jail.

Additional Information

Pongsak was also charged with defying the NCPO announcement no. 41/2014 (not report himself to the NCPO). Read the details of this case at: http://freedom.ilaw.or.th/th/case/657

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