“Somsak Pakdeedej”: Published an article

Latest Update: 14/01/2017

Defendant

“Somsak Pakdeedej”

Case Status

Judgment / End of trial

Case Started

1969

Complainant / Plaintiff

No information

Table of Content

"Somsak Pakdeedej" is an editor of Thai E News Website. He was arrested on 25 November 2014 after published an article written by Giles Ji Ungpakorn on The website in 2011.

Throughout the proceeding he requested for temporary release several times but the court always rejected until he was sentenced to prison for 9 years under Lèse majesté law. "Somsak" pleaded guilty, the court mitigated his sentence to 4 years and 6 months.

"Somsak" had been granted Royal pardon and was released in January 2016.

Defendant Background

“Somsak Phakdeedate” is pseudonym of an editor of a website named Thai E News. It was established in 2006 in order to spread the news that the main stream media cannot do or avoid spreading. “Somsak” requested to close his real name for his privacy.

Offense

Article 14 (1) Computer Related Crime Act, Article 14 (2) Computer Related Crime Act, Article 14 (5) Computer Related Crime Act, Article 112 Criminal Code

Allegation

Publishing an article wrote by Gilles Ungphakorn which deemed to defame His Majesty the King on Thai E News website.

Circumstance of Arrest

“Somsak” was arrested by co-operation between the military and the police forces, armed with about 20 persons, at his house on 25 May 2014. Then, he was brought into the military camp for investigation and taken to the police for prosecution.
 

Trial Observation

No information

Black Case

No information

Court

Bangkok Military Court

Additional Info

No information

Reference

No information

21 October 2014

Deposition Examination

“Somsak” and Khatawut, who is prisoner under Article 112 of the Criminal Code. were brought to the Military Court around 9.00 AM. The representatives from the EU Delegation to Thailand went to the court, but they 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 appeared at the bench around 9.50 AM. The military prosecutor asked the court to try the case behind the closed door because, in this case, the accused was filed against that he insults or threatens to the King, the Queen, the Heir or the Regent and affected national security. In addition, the text in the complaint should not be revealed to the public as it was classified.  

The court considered that this case impacted on national security, so the court ordered to try this case behind the closed door throughout the proceeding for the sake of peace and good moral of the people without hearing argument from the defendant.

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 proceed on 24 November 2014.

 

24 November 2014

Deposition Examination

The Military Court Bangkok set the deposition examination. “Somsak” confessed guilty. The defendant was sentenced to 9 years but his sentence was mitigated by half as he pleaded guilty. The defendant will be sentence to 4 years and 6 months.

However, Somsak told Prachathai that he has not felt surprised with be sentenced to 4 years 6 months. He believes that everything have to change. Initially, he was not allowed to say anything, but he wanted to say “We shall overcome” to his friends.

January 2016

It was reported that Somsak was released after he had been granted Royal Pardon. Counting from the day he had been arrested, he was detained for roughtly 19 months. 

Verdict

No information

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