Case

Case name

Piyabutr: commented on TSN Party dissolution

Status of Accused

Others(Release without bail bond)

Offense / order

Article 14 (2) Computer Related Crime Act

Summary

On 7 March 2019 Piyabutr Saengkanokkul, secretary-general of Future Forward Party, held a press conference regarding the dissolution of Thai Raksa Chart Party (TSN).

During the press conference Piyabutr read a statement of Future Forward Party expressed its disagreement toward the ruling of the Constitutional Court. Piyabutr also gave his comment to the press.

The NCPO later had its legal officer filed complaint against Piyabutr for insulted the court and for import the false information which may cause negative effect to national security and public order in to the computer system by publicized the statement on the party ‘s website.

Piyabutr denied all accusations.

Basic information

Form of restriction on freedom

Charge filed
Type of media

Website / Blog, Social Network, Speech
Province

Bangkok

Details of offence according to charge

On 7 March 2019 Piyabutr Saengkanokkul, secretary-general of Future Forward Party, held a press conference regarding the dissolution of Thai Raksa Chart Party (TSN). The statement showed disagreement with Constitutional Court decision. Piyabutr also answered questions form media and expressed his opinion.

Later, the statement of the party was published on the official website. The legal officer of the NCPO considered the content in the statement as an insult of court and authorized Maj.Col.Burin Thongprapai to report to police.

Circumstance of arrest

Piyabutr report himself as schedule. There was no arrest.

Progress of case

3 April 2019

At 12.31 pm Piyabutr posted a picture on his facebook, it was a picture of a summon of a witness which specified the detail of the case between the NCPO with Maj.Col. Burin Thongprapai as a proxy and the website administrator of Future Forward Party and other related persons. Piyabutr also wrote on his post that:

“...Today before going to work, I saw a paper attached in my mailbox. I took it and looked. It is a summon of witness for the case of the party's statement on Thai Raksa Chart Party dissolution which I read myself in a press conference on 7 March 2019. It requries me to see police officer at TCSD today which is 3 April 2019. I have just recieved the summon before noon but it said I have to meet inquiry officer within 1pm. Even thoght the date specified in the paper is 27 of March. I then have to have my lawyer to present and ask to postpone the schedule...”

9 April 2019

Piyabutr post a message on his facebook saying that on 3 April 2019, I recieved a summon warrant of a witness on the case of the party's statement on Thai Raksa Chart Party dissolution, it requires me to meet with police within the same day I recieved the warrant. I could not be there as schedule and authorized my lawyer to postpone the schedule. Today the summone warrant of witness has become a summone warrant of an accused instead.

Maj.Col. Burin Thongprapai was authorized by the NCPO to report against me to the police on 2 charges which are:

1. Insult of Court

2. Import false information into computer system in a manner that likely to harm the national security and incite public panic under Computer-related Crimes Act.

The summon warrant was issued on 5 April 2019, two days after Piyabutr recieved his first summon. The inquiry officer schedule Piyabutr to meet at Technology Crome Suppression Division (TCSD) on 9 April 2019. However, Piyabutr had to go abroad and asked to postpone to 17 April instead.

17 April 2019

Piyabutr with legal officer of the party went to report to inquiry officer and Techniligy Crime Suppression Division. Some party's leaders and 200 other supporters were there to support him.

Piyabutr denied all charges and told the officer that he will submit his testimony in paper later. The officer told him to submit it within 25 April. Piyabutr noticed that normally the accused have 15-30 days to prepare the testimony but this case seems to be exclusively rush because he had only 9 days to prepare.

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