Curtailing Free Expression, Opinion and Information Online in Southeast Asia
Cases of Thiansutham, Sasiwimol and Phongsak
In March 2015, Thiansutham, a businessman, was sentenced to 25 years
in jail under article 112 and the CCA for five posts made on Facebook
deemed insulting to the monarchy. He was given a 10-year sentence per
post, which was halved as he pleaded guilty at trial.
Thiansutham was arrested in December 2014 and held for questioning in
an army base before charges were brought against him by the police.227
His trial was held in camera before Bangkok Military Court.228
In August 2015, Sasiwimol, a hotel worker and mother of two, was
sentenced to 56 years in jail under article 112 and the CCA for seven
counts of Facebook posts deemed insulting to the monarchy. She received
a term of eight years for each count, and had her sentence halved as
she pleaded guilty at trial. Her trial was held in camera before Chiang
Mai Military Court.229
In August 2015, Phongsak Sribunpeng, a tour operator, was sentenced
to 30 years in jail under article 112 and the CCA for six posts made on
his Facebook account which were deemed insulting to the monarchy.
Phongsak received a 10-year imprisonment term for each of the six posts
in question, resulting in a 60-year sentence. This sentence was halved
as he pleaded guilty at trial. Phongsak’s trial was heard in camera before
a military tribunal.230
In 2017, the UN Working Group on Arbitrary Detention found the deprivation
of liberty of Thiansutham, Sasiwimol and Phongsak had been “arbitrary”
and had resulted in violations of their rights to free expression and fair
trial.231
227 Bangkok Post, ‘Military court jails man for 25 years over lese majeste’, 1 April 2015, Available at:
https://www.bangkokpost.com/thailand/general/514187/military-court-jails-man-for-25-yearsover-lese-majeste
228 Bangkok Post, ‘Facebook user gets 25 years in jail’, 31 March 2015, Available at: https://www.
bangkokpost.com/thailand/general/513735/facebook-user-gets-25-years-in-jail; OHCHR, 7
February 2017; BBC, 7 August 2015.
229 Political Prisoners in Thailand, ‘Sasiwimol’, Available at: https://thaipoliticalprisoners.wordpress.
com/decidedcases/sasiwimol/; OHCHR, February 2017; BBC, 7 August 2015.
230 Political Prisoners in Thailand, ‘Phongsak’, Available at: https://thaipoliticalprisoners.wordpress.
com/decidedcases/pongsak-s/; OHCHR, February 2017; BBC News, ‘Thai courts give record jail
terms for insulting king’, 7 August 2015 (‘BBC, 7 August 2015’) Available at: https://www.bbc.
com/news/world-asia-33819814
231 UN Working Group on Arbitrary Detention, ‘Opinion No. 44/2016 concerning Pongsak Sriboonpeng
(Thailand)’, A/HRC/WGAD/2016/44, 17 January 2017, Available at: https://www.ohchr.org/
Documents/Issues/Detention/Opinions/Session77/A-HRC-WGAD-2016-44_en.pdf; UN Working
Group on Arbitrary Detention, ‘Opinion No. 51/2017 concerning Sasiphimon Patomwongfangam
(Thailand)’, A/HRC/WGAD/2017/51, 13 October 2017, Available at: https://www.ohchr.org/
Documents/Issues/Detention/Opinions/Session79/A_HRC_WGAD_2017_51.pdf; UN Working Group
on Arbitrary Detention, ‘Opinion No. 56/2017 concerning Thiansutham Suthijitseranee (Thailand)’,
A/HRC/WGAD/2017/56, 13 October 2017, Available at: https://www.ohchr.org/Documents/Issues/
Detention/Opinions/Session79/A_HRC_WGAD_2017_56.pdf.
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