On 22 December 2016, the Khonkean Provincial
Court was ordered to revoke Jatupat’s bail after
the police sought revocation of his bail on the
grounds that he was still active on Facebook
and showed disrespectful behaviour by mocking
state authorities. Jatupat has been detained in
prison since 22 December 2016, requesting bail
at least 10 times; however, all requests were
denied.
Jatupat first denied the charges and started to
fight his case in the witness examination. Later,
Jatupat changed his plea to guilty and the court
sentenced him to five years in prison, which was
reduced to two years and six months. He told
the public that in such cases, there is no other
option for the defendant.
Case study 2: Patnaree7
Patnaree or Nueng is the mother of Sirawith,
or “Ja New”, a well-known democracy activist.
Patnaree is a freelancer, working mostly as a
housemaid. Patnaree was charged with lèse
majesté. The alleged offence consisted of
messages in Facebook Messenger where she
had a conversation with Burin, a man who had
been convicted in another lèse majesté case.
The Military Prosecutor filed charges against
her before the military court on 1 August 2016.
The statement of accusation described that
after Burin said something about the monarchy,
Patnaree replied without attempting to stop
Burin from saying such a thing. Patnaree was
released on bail and is fighting her case in
military court.
Case study 3: Pongsak
8
Pongsak or Sam is a tour agent from
Kanchanaburi province. He participated in red
shirt political rallies several times. Pongsak’s
name appeared on NCPO’s summons order no.
58/2014 issued on 9 June 2014. However, he did
not report to the NCPO.
Pongsak was arrested on 30 December 2014
at Phitsanulok Transport Station and accused
of posting six photos and messages deemed to
7
8
“Patnaree: Facebook chat”. Freedom of Expression Documentation
Centre. https://freedom.ilaw.or.th/en/case/768
“Pongsak: Posting lèse-majesté messages on Facebook”. Freedom
of Expression Documentation Centre. https://freedom.ilaw.or.th/
en/case/650
be lèse majesté on his own Facebook account
named “Sam Parr”. He was charged with six
counts under Section 112 of the Criminal Code
(lèse majesté) and Section 14 of the Computer
Crimes Act. Pongsak stated that during the
interrogation the military did not hurt him,
but threatened him to make him confess. The
military also told him that this case was not
a political case but was a matter of national
security. The Bangkok Military Court ordered
that his case would be tried as a closed-door
trial and sentenced Pongsak to 60 years in jail.
Since the defendant pleaded guilty, the court
halved the sentence to 30 years in jail.
Case study 4: Yutthasak9
On 28 January 2014, Yutthasak, who is a
taxi driver, provided service to an unknown
passenger. During the ride, they discussed
politics. It turned out that both had a different
opinion. The passenger then used her mobile
phone to record their conversation and used it as
evidence to press a lèse majesté charge against
Yutthasak the next day.
Yutthasak was arrested in June 2014, after the
coup. He requested bail but the court denied his
plea. In the deposition examination, Yutthasak
pleaded guilty as he had no lawyer. The Criminal
Court sentenced him to five years in prison
which was reduced to two years and six months.
He was released on 20 May 2016.
Case study 5: Wichai10
Wichai, 33 years old, was accused under lèse
majesté for creating a fake Facebook account
with someone else’s name and picture and
posting messages deemed to be a defamation
to the King. He was arrested in December
2016 after the owner of the Facebook account
accused him.
In the statement of accusation, Wichai was
charged for 10 counts by the military prosecutor.
Wichai first denied all charges and wanted to
defend his case but later changed his mind and
confessed because the trial took too long. On 9
June 2017, Wichai was taken to military court
9
“Yutthasak: The taxi driver”. Freedom of Expression
Documentation Centre. https://freedom.ilaw.or.th/en/case/575
10 “Wichai: faked facebook”. Freedom of Expression Documentation
Centre. https://freedom.ilaw.or.th/en/case/722
122 / Unshackling Expression