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Case
Case name
Chatchawan: publicized photo of a protest against the coup.
Sedition
Name of persons / Name of Media
Chatchawan
Case status
คำอธิบายสถานะคดี ภาษาอังกฤษ
Judgment / End of trial
Status of Accused
Dismissed
Offense / order
Article 116 Criminal Code
Summary
Chatchawan is an independent journalist in Lampoon province. He was accused of publicizing the picture of a rally against coup and descrice the picture that "Redshirt in Lampoon transform himself to be a 'multi-colors' to protest aganist the coup" on Manager Online, news online website. He was charged with Section 116 of Criminal Code (Sedition).
Basic information
Background of accused
Chatchawan or Chat Ratchawong is a freelance journalist in Lamphun Province. He has started his career in journalism since 1985, but got into it seriously since 1999 at his hometown, Utaradit Province. Then he moved to Chiang Mai in the end of 1999, and worked as a Public Relation Officer for an organization as well as a reporter for several newspaper agencies. Once he gained more experience, he moved to Lamphun in the end of 2004. He reported the news in Lamphun area to several news agencies such as Manager-online, T-News and Banmuang newspaper which the editorial directions tend to against the elected Phue Thai government. He also established Chatnews newspaper since June, 2004.
Lampun Military officer
Legal Claims
Sedition
-
Form of restriction on freedom
Charge filed
-
Type of media
Website / Blog
-
Province
Chiang Mai
-
Court
Chiang Mai Military Court
Details of offence according to charge
On 31 May 2014, Chatchawan sent a photo of the protesters wearing white masks and raising signs against the coup d'etat at Statue of Queen Chamadevi at Lamphun Province to ASTV manager-online center which was sent by his friend via Line.
This news has been published online via website on 1 June 2014 together with news in Chiang Mai Province. Thereafter the photo was considered to be the circumstance on 26 May 2014 but was misunderstood about the date and time. The photo, therefore, was deleted from the online system
The accusation in the complaint specified that Chatchawan took a photo of the protestors as well as figured caption that ‘Redshirt in Lamphun disguised themself to be a 'multi-colors' to wore masks and protested against the coup’ then posted on manager online website. This content is considered as an offence by raising unrest and disaffection amongst the people in a manner likely to cause disturbance in the country according to Thailand Criminal Code Section 116.
Circumstance of arrest
On 1 June 2014, after the photo was published, the military officer go to observe around Chatchawan’s house, but Chatchawan went out for work at that time. The neighbor called Chatchawan saying that a military officer asked for him. Chatchawan, therefore, went to Lamphun City Hall, which the military forces located, to meet the military officer at that evening. Chatchawan accepted that he reported the news and the photo himself. Hence he was charged with Criminal Code Section 116 by the military officer.
After that, Chatchawan was sent to Lamphun Police station in order to be informed an accusation and interrogated. He denied such accusation. He was detained at the police station until 2 June 2014, he then was sent to Chiang Mai Military Court, and then sent to Lamphun prison.
Progress of case
Chatchawan had submitted the bail request 3 times while he was being in prison for 15 days. In the first bail attempt, he offered the position of village chief as a security, but the Court rejected. Second time, cash 120,000 baht was offered as a security, the Court again rejected. The Court granted him on bail with 400,000 baht cash in the third bail attempt.
7 July 2014
Chatchawan was sent to the Court.
2 September 2014
Chiang Mai Military Court set a pre-trial. Chatchawan denied the accusation.
7 October 2014
Plaintiff’s witnesses hearing
At Chiang Mai Military Court, 8.30 am. the military prosecutor, the defendant and the defendant’s lawyer were present. Around 9.30 am, four Chatchawan’s relatives and friends were there to observe the trial together with the military officers who came with the witnesses. Before the judges appeared, Chatchawan’s lawyer told the observers that they were not allowed to take note during the hearing. Three judges sat on the bench on 10.30 am.
There are 2 plaintiff’s witnesses; Major. Theparit Pakdeekul and SGT level military officer. Both of them were ordered to be stationed at Lamphun City Hall to take care of the forces and news in Lamphun Province respectively after the declaration of Martial Law in May 2014.
Major. Theparit testified that on 1 June 2014 he was informed by an intelligence agent that a distorted inappropriate news were published via ASTV manager online. He checked the news and found that the news was related to Lamphun protestors raising the signs against the coup. The commander sent a survey team to check at the Statue of Queen Chamadevi and the center point in Lamphun, but the protest were not found on 30 May 2014 and 1 June 2014. The news was considered as raising disaffection amongst the people which violated NCPO announcement no. 18/2557 Section 5 in the topic of media restriction.
When he asked Chatchawan to have a preliminary talk at Lamphun City Hall with plain-clothes police, Chatchawan accepted that he had sent the photo and the news report to ASTV manager online. The conversation was not written in document and Chatchawan did not sign anything. The Commander considered that this action is illegal, and then sent Chatchawan to Lamphun Police Station.
Chatchawan’s lawyer cross-examined that at the time of the publication if there is any protest in Lamphun or not. Major. Theparit said that there is no political protest and the situation in Lamphun was in peace and order. The manager online website was not blocked as well. Meanwhile the name of the reporter or the photographer was not indicated in the news.
SGT level military officer who was in charge of the information unit testified that he contacted ASTV manager-online once he found the news on the website. He was informed that the photo and the news reported were sent by Lamphun freelance journalist. The officers then searched for him, however, Chatchawan came to the City Hall by himself. He neither interrogated Chatchawan himself nor participated in the conversation but he assured that Chatchawan accepted the accusation during the conversation.
After the hearings, the Military Prosecutor informed to the Court that there are 2 more witnesses, then the Court made an appointment with the defendant to have a hearing on 14 November 2014 at 8.30 am.
14 November 2557
Chiang Mai Military Court scheduled a witness hearing at 8.30 am.
Around 10.00 am. the Court asked the Defendant to go to the Room no. 2. The security guards asked to seize the ID cards of every observers before participate the hearing.
The first witness was a police officer. Due to his duty at Loei Court, he was not able to present today. The Court, therefore, postponed for the first witness hearing. The next witness is Mr. Suwicha Pianrat
Suwicha testified that he has been the executive editor of ASTV since 2005 until now. Normally, the news was sent by region news centers. The region center in Chiang Mai was taking care by Mr. Sriwan.
Suwicha told that the region news centers normally send the news report to region editors, then the center news editor, then himself. The region editors has their right to publish the news on website without his permission. Actually the executive editor does not have the duty to approve every published news except the social affected or significant news.
Suwicha also said that he did not know who reported this news. He knew only that the news was sent from Chiang Mai news center. The region journalists are mostly free-lance. The company actually pays the monthly payment to the journalist directly. He, himself, did not know the defendant personally. He only knew that the defendant is the special journalist.
Suwicha also said that the region editor had removed the news report and photos of this case from the website after published for 5 hours since it was contrary to the fact as well as the NCPO announcement no. 18/2557. The court noted that the witness did not know the number of the announcement and the news report was revoked by the region editor as it was contrary to NCPO announcement.
Chatchawan’s lawyer cross-examined if the witness has his rights to approve for the publishing of the news in case he knew that the news is not true. The witness accepted and said that he had been summoned by NCPO before this situation. He continued saying that he had no idea if there is any comments or sharing after the news was posted online.
The Court finished the hearing, and made another witness hearing schedule on 6 January 2015.
8 May 2015
The reading of a verdict
Documentation Office rof the Thai lawyer for Human Rights Center (TLHR) reported that the Chiang Mai Military Court had postponed the reading of a verdict to 9 June 2015 as the judge who is in charge of this case was away on mission.
9 June 2015,
Verdict annoucement
At the military court in Chiang Mai, Chatchawan and his wife came to the court around 10.30 am and the court officer invited them to the court room. The trial started around 10.45 am.
The court dismissed the cases reasoning that the act of the defendant is just reporting of daily news and the plaintiff cannot proof beyond a reasonable doubt that the defendant has an intention to incite the public.
