Case

Case name

Rinda: posted a rumor that Gen. Prayuth transferred money to Singapore

Sedition

Name of persons / Name of Media

Rinda

Status of Accused

Dismissed

Offense / order

Article 14 (2) Computer Related Crime Act, Article 116 Criminal Code, Others (Section 384 of Criminal Code)

Summary

Rinda was arrested for posting a message on Facebook accessed Gen.Prayuth and his wife for trying to transfer money to Singapore more than ten billion Baht. She was charged under with incitement under article 116 of the Criminal Code and under Compuer-related Crime Act. She was held in custody at the Central Women Correction for 3 days before the Military Court released her on bail.

This case was first filed before Bangkok Military Court but the court considered the case was not fall under Section 116 and the court did not have jurisdiction. Later, Rinda was prosecuted for second time to Criminal Court.

Rinda admitted to the court that she posted such message as her rights to criticise and examine the government authorities. Criminal Court sees the content is not harm to National Security and dismissed the case. The Court of Appeal reaffirmed the verdict. The case has ended.

Basic information

Background of accused

Rinda or Lin, 44 years old, ran her own business at home. Her husband passed away since 2012. He was a political activist, providing jobs for unemployed Red-shirts. He also opened the grilled-chicken restaurant to be a place for meeting among fellows. Rinda had never been a political activist but after her husband died, she began to participate some activities such as visits political prisoners in prison. However she is not an organizer.

Legal Claims

Sedition

Form of restriction on freedom

Charge filed
Type of media

Social Network
Province

Bangkok
Court

Bangkok military court, Criminal Court
Black case

คำอธิบายคดีดำ ภาษาอังกฤษ

No: 129/2558 Date: 2015-08-26

Details of offence according to charge

Rinda was accused that on 6th July 2015 She posted a message on her own facebook, named “Rinda Pornsiripitak”, claiming that Gen. Prayuth Chan-o-cha and his wife had transferred tens of billions baht to Singapore through multiple account opened with Kasikorn Bank. She demanded that someone who is in charge of financial issue should intercept this matter. The message was shared broadly on social media.

The inquiry officer stated in a request for provisional detention that the accused posted the false information in terms that defame Gen. Prayuth Chan O-cha, the Prime Minister. Her post, stating that the Prime Minister had transferred his asset in order to refuge to Singapore, was considered to affect to national security. Since her facebook status is public, everyone can see and comment on the post. Her post was considered to cause the public panic and disobedience among the citizen.

Such act was considered to be an offence under Section 116 and 348 of the Penal Code, the laws on sedition and on spreading rumors that might cause public panic. In addition, Rinda was charged under Article 14(2) of the Computer Crime Act for importing false information into the computer system.

(Criminal Code Section 384: Whoever, alarms the public by maliciously circulating false reports, shall be punished with imprisonment not exceeding one month or fined not exceeding one thousand Baht, or both.)

Circumstance of arrest

8 July 2015

Rinda was arrested at her residence, Klongsam, Pathumthani Province.

Rinda said that one day before the arrest, there was a woman pretending to be a client called her to make an appointment to see the goods at her house. The appointment was set on 8 July 2015 afternoon. On the appointment date, she came back home at around 1pm. The woman called to ask where she is again, and she said she is already there. After that 4 military officers with weapons and uniformed policemen and around plain clothes officers arrived and entered into her house without a search warrant and any accusation informed. The officers talked only about their authorities under Section 44. Rinda was allowed to make a phone call to her boyfriend telling that she was arrested.

The officers spent an hour at her house, then took Rinda to Milirary Base for investigation.

During the arrest, the officers seized 1 PC, 1 notebook, 1 cell phone and letters from the prison sending by Chatchawan, a suspect of the bomb explosion in front of Big-C Ratchadamri case.

Progress of case

6 July 2015

Dailynews reported that Gen Prayuth Chan-o-cha, Prime Minister, addressed that we are defined by international rules and powerful countries in a ceremony congratulated the government officials who wins United Nations Public Service Awards. Therefore, this awards shows that we are presence.

Gen. Prayuth also said that there was a rumor spreading through social media claiming that he transferred tens of billions baht to Singapore. He knew that the source of rumor was from Thammasat University. He also insisted that if he had such a lot of money, he would not be right here. Thais usually believe the social trend, but he suggested that we should have logic as well. He also said he did not know who wrote such rumor, however the discretion is required. He added that if someone wants to believe the rumor, he has nothing to do with it.

He was asked about the source from Thammasat University, Gen. Prayuth said he was following up this matter.

Maj-General Sansern Kaewkamnerd, Deputy Government Spokesman, said that there are the false information and rumors spreading through the social media continuously which is considered to be implemented by person with malice intention. He said that everyone should be logical and careful of receiving any information as well as checking with reliable mainstream media. Regarding the release of information through the social media, the releaser shall rarely be responsible for the accuracy and the impact to the person who was referred to which is considered inappropriate. Everyone has to make these people chastened. However, he is almost able to arrest the person who releases the news of defamation to Gen. Prayuth and his wife as well as the person who releases the violated rumors for other cases of which they shall be brought to legal procedures. Therefore, the Prime Minister should have been entitled to defend himself from the slander as well.

8 July 2015

Rinda was arrested at her residence around Klongsam, Pathumthani Province. She was detained for interogation for a night at a military base.

9 July 2015

Rinda was transferred to the Technology Crime Suppression Division (TCSD) at Chaengwattana Government Complex. She was investigated and forced to sign the interrogation record, similar to the recording made at the military base, without the lawyer presenting.

A lawyer from Thai Lawyers for Human Rights (TLHR) arrived around 6.45 p.m., asking to change the statement, adding that Rinda criticized to public with good faith. The officer accepted this issue however they did not cut the state ‘Rinda admitted all accusations’ from the interrogation record.

After investigation, Rinda was sent to detain at Tungsonghong Police station. Her boyfriend and relatives submitted 200,000 baht for bail, but it was rejected as this case was performed on social media as well as related to the country’s leader which is considered to be effect to the national security and this is a severe crime.

10 July 2015

Manager online reported that there was a press conference regarding Rinda or Lin’s arrest under warrant of Military Court at Royal Thai Police.

Rinda said during the press conference admitting that she copied the message from Line, and posted on her Facebook but she did not write it by herself. She had no intention to cause a public disorder. She believed that the citizens have rights to criticize on what government does both the elected and non-elected government. She advised other Internet users to be extra cautious of Computer-related Crime when posting messages on sensitive issues.

Prachathai reported that after the press conference, the police officer took Rinda to Bangkok Military Court to request for provisional detention while her relatives requested for bail with 100,000 baht cash.

At around 3.00 p.m., the court rejected the bail given that even though inquiry officer did not oppose the bail, the accused was arrested under the offence against the national security. In addition it is reasonable to see that the temporarily release will obstruct the investigation process. Rinda, therefore, was taken to Central Women’s Correctional Institution.

13 July 2015

Dailynews reported that Pawinee Chumsri, a lawyer from Thai Lawyers for Human Rights, submitted the request to investigate for temporarily release by posting 100,000 baht case for her bail. She gave the reason that Rinda was unlikely to flee, and had to take care of her two children outside the prison as she is a sole guardian of her children.

At around 12.10 p.m. Pawinee revealed that Military Court approved to release Rinda on bail under the condition that she does not express her political opinion or incite social disturbances. She was prohibited from travelling abroad without the court's permission. Rinda will be released from Central Women’s Correctional Institution in the evening.

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