Case

Case name

Khatawut: "You're cool" radio program

Lèse-majesté

Name of persons / Name of Media

Khatawut

Status of Accused

served penalty

Offense / order

Article 14 (3) Computer Related Crime Act, Article 112 Criminal Code

Summary

Prior to the 2014 coup, Khatawut ran a political analysis radio program called "You are cool" broadcasted on the internet. On 2 June 2014, the NCPO summoned Khatawut to report in a military camp. Khatawut went to report himself on 3 June 2014 and was held under military custody for 7 days.

After 7 days, Khatawut was brought to the police and was inform of Lese Majeste accusation. The authority informed Khatawut that one espisode of his program deemed to be Lese Majeste offense.

Khatawut initially held under custody of the Criminal Court but he was later transfered to held under jurisdiction of Military Court. The authority stated that the public still able to access Khatawut's illegal content after the NCPO annnounced jurisdiction of the Military Court over civilian in certain offenses including Lese majeste.

Since Khatawut was held in custody he filed bail petition serveral times but never succeed. On 18 November 2014, Khatawut pleaded guilty before the Military Court and was sentenced to 5 years in prison.

On 8 August 2016, Royal Gazette pubblished Royal Pardon Decree of 2016. Khatawut were qualified to be release prior to the actual prison term. Khatawut was released on 7 September 2016, he was detained for 882 days in total.

Basic information

Background of accused

Khatawut used to served as Judge Advocate official as well as used to be lawyer. Prior to his arrest he ran a radio program broadcast via internet called "Nai Nae Mak" (You are cool!) which last for 1 hour or 1 hour and a half. Khatawut publicized his sound clips on his website. Some of his sound clips were also uploaded on Youtube.

Complainant / Plaintiff

Military Prosecutor of the Bangkok Military Court

Legal Claims

Lèse-majesté

Form of restriction on freedom

Charge filed, Summons
Type of media

Website / Blog, Social Network, Speech, Radio
Province

Bangkok
Court

Bangkok Military Court
Black case

คำอธิบายคดีดำ ภาษาอังกฤษ

No: 54 ก./ 2557 Date: 2014-09-01
Red case

คำอธิบายดคีแดง ภาษาอังกฤษ

No: 84 ก./2557 Date: 2014-11-18

Details of offence according to charge

Khatawut and the person (whose identity had not yet identified) who used "Num lublae" as his pseudonym, jointly hosted an online radio show which its content deemed to be lese majeste.

Circumstance of arrest

Khatawut was summoned by the order no. 44 of the National Council for Peace and Order (NCPO) on 2 June 2014.

Khatawut went to report to the NCPO on 3 June 2014 and was detained under the martial law. Later on, he was charged with lese majeste and was detained at the Bangkok Remand Prison.

Progress of case

2 June 2014

Khatawut's name was appeared in the order no. 44 of the NCPO. He was ordered to report at Army Club, Thevet on 3 June 2014.

3 June 2014

Khatawut went to report before the NCPO and was detained under the martial law.

9 June 2014

After 7 days of detention, Khatawut was transfered to Thung Song Hong Police Station where his accusation will be informed.

10 June 2014

Khatawut was brought to the Technology Crime Suppression Division (TCSD) for an inquiry. In the afternoon, he was brought to the Criminal Court where the police will request the court to authorize a detention order.

Khatawut's colleagues request the court to release Khatawut temporalily with cash deposit in the sum of 200,000 Baht. The police did not made an objection if the accused wish to request for temporary release.

The court however dismissed the request on the ground that the accusation was severe and affect public moral. In addition, the court also afraid that the accused may flee because the accused had a construction business in Laos. Khatawut was later detained at the Bangkok Remand Prison.

9 July 2014

Khatawut's lawyer requested the court to release Khatawut temporalily for the third time with cash deposit in the sum of 400,000 Baht. The court later dismissed the request due to severerity of the case.

18 July 2014

Khatawut's lawyer requested the court to release Khatawut temporalily for the forth time with cash deposit in the sum of 500,000 Baht. The court later dismissed the request as it did not provided any reason to change a previous order.

22 August 2014

In the morning, the police submitted a request to the Criminal Court to end the remand under jurisdiction of the Criminal Court and brought Khatawut to the Military Court to request for the detention order as Khatawut's case fall under the NCPO announcement no. 37 concerning the jurisdiction of the Military Court.

Khatawut requested the court to release him temporarily with cash deposit in the sum of 300,000 Baht.

The court later dismissed the request on the ground that the court could not get in touch with the inquiry officer and the officer did opposed if the accused wish to request for temporary release.

The court also dismissed the request due to the severity of the case.

21 October 2014

Deposition Examination

Khatawut was brought to the Military Court around 9.00 AM. The representatives from the EU Delegation to Thailand went to the court and had a conversation with Khatawut at the temporarily detention facility. Khatawut was brought to the court room around 9.30 AM.

Beside Kathawut, his secretary and his lawyer, the representatives from the Office of the United Nations High Commissioner for Human Rights(OHCHR) were also presented in the court room.

The representatives from the EU Delegation to Thailand were not in the court room as they were informed by the court officer that the court will try this case behind the close door.

The court officer went in to the court room later to inform observers that the court would try the case behind the closed door becasuse it involved national security. The court officer asked the others except the litigant and security guards to leave the court room.

Many observers tried to ask for explanations concerning the order to leave the court room and tried to explained why they should allow to present in the court room. The court officer however asked them to leave politely.

Later on, the court officer came back to tell observers who waited outdside the court room that the court asked everyone to present in the court room.

The court appeared at the bench around 9.50 AM. The judge advocate asked the court to try the case behind the closed door because this case affected national security. In addition, the text in the complaint should not be reveal to the public as it was classified.

The court ordered to try this case behind the closed door throughout the proceeding without hearing argument from the defense lawyer.

The defense lawyer revealed after the procedure that the defendant asked the court to postpone the deposition examination because he was not ready to testify. The court announced that next deposition examination will be proceed on 18 November 2014.

The defence lawyer also revealed that the court did nott allow the lawyer to duplicate a report of the proceeding given that the court already read it.

18 November 2014

Deposition Examination

The defendant confesed his guilt. The court found the defendant guilty under the article 112 of the Criminal Code as well as under the Computer-related Crime Act.

The defendant was sentenced to 10 years but his sentence was mitigated by half as he pleaded guilty. The defendant will be sentence to 5 years.

This verdict was written by the Military Court in the irregular circumstance where martial were enforced. The defendant then had no right to appeal.

8 August 2016

Royal Gazette pubblished Royal Pardon Decree of 2016. Khatawut were qualified to be release prior to the actual prison term.

7 September 2016

It was reported that Khatawut was released. He was detained for 882 days in total.

The Verdict

The Bangkok Military Court sentenced Khatawut to ten years in prison, due to his guilty plea the prison sentence was mitigated to 5 years.

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