- Important case
Jaruwan: Posting Lese Majeste message on Facebook
Latest Update: 25/10/2017
Defendant
Jaruwan
Case Status
Charge rejected by prosecutor
Case Started
2014
Complainant / Plaintiff
Lt Col Burin Thongprapai of the military’s Judge Advocate General’s Office complained to an inquiry official.
Table of Content
Jaruwan was accused of posting a lèse-majesté massage on her facebook accouct. In the investigation process, Juruwan denied and assured that she was picked on. Then two men who related to this case were arrested. Nowsaday, three accused were released form the prison after 84 days of provisional detention and the military prosecutor has not yet filed any order against them.
Defendant Background
Jaruwan, a 26 year-old girl, who has two children, came from Phetchabun Province. She worked in a factory in Ratchaburi Province before arrested.
Anon, Jaruwan’s husband, a 22 year-old boy, lives in Ratchaburi Province. He can neither read nor write.
Chatchai, 20 year-old boy, is Anon’s friend and is the one who Jaruwan accused him for posting the suspicious message on her Facebook. He is Thai-Burmese half-blood. He has a domicile in Ratchaburi Province but working in fishery with his father-in-law in Prachuap Khiri Khan Province. He can read and write Thai.
Offense
Article 14 (1) Computer Related Crime Act, Article 112 Criminal Code
Allegation
There have been an image of the King, with a caption that deemed insulting the King on the Facebook account named “Jaruwan…”, which is Jaruwan’s Facebook account.
Circumstance of Arrest
16 November 2014
After the news was reported that Jaruwan had posted the insulted message on Facebook, Jaruwan called the police. Later the police came to her residence in Ratchaburi Province and took her to Crime Suppression Division (CSD) for questioning.
17 November 2014
About 2.30 AM, the military arrested Anon at his residence. While being arrested, Anon’s father was at presence. After the arrest, Anon was taken to the military camp at Sanam Pao.
4.00 PM, the military accompany with police arrested Chatchai at his residence in Kui Buri District, Prachuap Khiri Khan Province, before taking him to CSD for investigating.
Trial Observation
No information
Black Case
No information
Court
Military Court Bangkok
Additional Info
No information
Reference
No information
15 November 2014
3.00 PM, Lt.Col. Burin Thongprapai came to meet Pol.Lt.Col.Nattapong Kird-iam, an inquiry official, in order to report Jaruwan for lèse-majesté. He brought along Jaruwan’s Facebook page with the lèse-majesté message that was posted by her Facebook’account as evidence.
Nattapong considered the case. He then collected evidence and worked with Technology Crime Suspension Division (TCSD) to check the Facebook account.
16 November 2014
Pamorntep Sriplang, Wichian Buri District Assistant District Chief Officer for Security, brought the Administration Officials and Territorial Defence Volunteers to meet Jaruwan’s father, who lives in Phetchabun Province. Jaruwan’s relatives worried that they could have been prosecuted as well. Pamorntep clarified that this case was about Jaruwan only.
Saengduan, Jaruwan’s elder sister, informed that in the evening of 15 November, she was contacted by Jaruwan, who denied posting the message and would like to turn herself in to defend but Jaruwan was afraid of insecurity and being harmed. So Jaruwan asked her relatives to contact the officials for surrendering.
Saengduan further said that Jaruwan got married and moved out 4 years ago but she still kept in touch.
On the same day, Jaruwan was asked to leave the house in Ratchaburi Province and taken to CSD for questioning at 7.00 PM.
Jaruwan said that she did not post the message as she was accused of. She suspected that her husband’s friend called “Chat” did it to defame her. Prior to this, Jaruwan’s husband took her phone, and later the phone ended up with Chat, who later confessed that he hit on Jaruwan, but Jaruwan ignored him. So Jaruwan was picked on.
Jaruwan’s Facebook account had been hacked and the username and password were also changed. There have been harassed posts such as prostitution and insulting Jaruwan’s friends.
However, Jaruwan hasn’t seen the accused message. She hasn’t been able to log in her Facebook account.
17 November 2014
Around 2.30 AM, The military arrested Anon, Jaruwan’s husband at his house in Ratchaburi Province. While being arrested, Anon’s father was at presence. Then the military took Anon to the military camp at Sanam Pao for questioning.
4.00 PM, POL.COL. Niran Namsuwan, Superintendent, POL.LT.COL. Torsak Panklinput, Inspector of Sub-Division 2, and the military arrested Chatchai at his house in Prachuap Khiri Khan Province. Then he was taken to CSD for questioning under the martial law.
After questioning, Chatchai denied being closely acquainted with Jaruwan and hacking the Facebook account as he was accused by Jaruwan because he has a family and still live together. Anyhow, the military still kept Chatchai in custody and transferred him to King's Guard, 2nd Cavalry Division.
18 November 2014
1.00 PM, TCSD inquiry officials brought Jaruwan to Bangkok military court to request for the first pre-trial detention. They reasoned that there were 5 witnesses to be examined and wait for the defendant’s criminal record. The Military Court Bangkok granted permission to detain Jaruwan at Central Women Correctional Institution for 12 days.
Jaruwan objected the detention but the court dismissed the petition. The court reasoned that the case was already attracted significant attention, if be released, the defendant could have been harmed.
19 November 2014
In the morning, Anon and Chatchai were brought to the Bangkok Military Court to request for pre-trial detention. The inquiry officials said that they had to be kept in custody because the investigation was not yet completed; 5 witnesses to be examined and wait for criminal records of both defendants. Therefore it was necessary for their provisional detention. Both defendants did not file a petition for provisional release because they did not have mortgage securities and could not contact their families.
28 November 2014
Military Court Bangkok, inquiry officials brought Jaruwan, Anon and Chatchai to request for another 12-day pre-trial detention. They reasoned that the case was still in process; gathering evidence and checking the defendant’s criminal records.
All three defendants did not file provisional release, because they did not have mortgage securities.
9 February 2015
The pre-trial detention period of the three accused was expired. The military prosecutor however did not had any order. The court then had to release the three accused. The lawyer from the Thai Lawyer for Human Rights Center informed that the three will be released on 10 February 2015 which will be 1 day exceeded from the 84 day period.
10 February 2015
Jaruwan was released from the Central Women Correctional Institution around 11.00 am. After being release, Jaruwan and her sister went to the Bangkok Remand prison to meet Anon and Chat in this case.
However, the release of two suspects were delayed, Jaruwan and her sister then left the Bangkok Remand Prison before their release.
Around 12.30 PM Anon and Chatchai were released from the prison. (Anon walked out by bare foot.) Anon's father came for greeting his son.
Anon and Chatchai told the lawyer from Thai Lawyers for Human Rights (TLHR) that they would be back to their hometown on this day.
2 February 2016
The lawyer informed that the military prosecutor issued a non-prosecution order.
Verdict
No information