“Jam”: Posted Facebook about Rajabhakdi Park scandal
Defendant
Case Status
Case Started
Complainant / Plaintiff
Table of Content
"Jam" was charged under Section 116 (sedition charge) for posting a rumour on Facebook about Ratchapakdi Park corruption and a conflict among top-level military officers. "Jam" was taken to a press conference. Military court later granted her on bail with 100,000 baht guarantee
Later, the military prosecutor issued a non prosecution order for Section 116 charge, hence it was transferred to civilian court. Public prosecutor issued a non prosecution order for CCA charge on 30 May 2017 because it is an honest criticism on public interest. The case has ended.
Defendant Background
"Jam", before the arrest, was 61 years old and had her own business. Sho also interested in politic.
Offense
Allegation
Circumstance of Arrest
27 November 2015
Arond 20 Military and police officers in uniform with a humvee went to 'Jam''s house in Phra Khanong area but could not find her and then moved to her work place and found only her daughter. The officers asked her daughter to tell 'Jam' to go to the headquater of Technology Crime Suppression Division (TCSD) and seized computers from the work place. After 'Jam' was informed, she went to see the officer at TCSD around 20.00 on the same day. She was interrogated when she arrived and the officer ordered her to come again on 30 November 2015.
Trial Observation
Black Case
Court
Additional Info
Reference
27 November 2015
'Jam' went to see the officer at TCSD by herself. When she arrived around 20.00, she was interrogated and ordered to appear again on 20 November 2015.
30 November 2015
When 'Jam' went to TCSD, she did not recieved her mobile phone but the officer told that she would be taken to the office of Metro Politant Poloce Bereau. While Prachatai reported that, at the office of Metro Politant Poloce Bereau, the police gave a press conferece about the arrest of 'Jam' the accused on sedition charge from posting a message about the construction of Ratchapakdi Park.
'Jam' admitted that she posted suce message on her personal facebook account on 25 November 2015 after got it from Line application and she did not verify the fact before posting it. After the press conference, 'Jam' was taken to be informed her accusation and interrogated at Pra Khanong police station. The inquiry officer charged her with Section 116(2) under the Criminal Code for making an appearance to the public to raise unrest and disaffection amongst the people in a manner likely to cause disturbance in the country and the Computer-related Crimes Act for importimg false computer data which is likely to cause damage to national security or cause a public panic. The officer allowed 'Jam' to go home and ordered her to go to Bangkok Military Court on the next day.
19 April 2016
Hearing of prosecutor's order
The military prosecutor scheduled to give an order of this case. Representatives from Canadian and British Embassy also presented themselves to observe the trial. But in the morning court officer informed observers that there was no schedule today and the case of 'Jam' was not at Bangkok Military Court. But the representatives waited to observe and finallu met 'Jam' and her husband.
At first, the military prosecutor informed that they need to wait for the police. Until around 12.00, a police officer arrived and the military prosecuter informed that the head of military prosecutor comsidered this case and had already issued a non prosecution order on the ground that this case was not fall under section 116 of the Criminal Code (sedition) hence, it was not fall under jurisdiction of the Military Court. For the charger under Computer Crime Act, it is not under the jurisdiction of military court. Therefore, the case was returned to the inquiry officer to proceed at civilian court.
After that, the inquiry officer from Prakanong police station ordered 'Jam' to report to public prosecutor again on 27 April 2016 at the Prakanong prosecutor office.
27 April 2016
Police inquiry officer postponed the appointment today to 4 May 2016.
4 May 2016
'Jam' went to see the inquiry officer of Prakanong police station and was informed that the inquiry officer will prosecuted 'Jam' under the Section 116 of the Criminal Code and Computer-related Crimes Act. The inquiry officer took 'Jam' to report to the public prosector and the pubic prosecutor ordered 'Jam' to report again to hear the prosecutor's order on 25 May 2016.
30 May 2017
Thai Lawyers for Human Rights reported that a public prosecutor issued a non-prosecution order for this case.
The prosecutor's opinon described that it was a personal beflief of the accusor that the Facebook status in this case violated the laws. But there was no witness who confirmed that the messages is not true. At the time of this case, general public was interesting in the Ratchapakdi Park project. The act of the accused was therefore an honest criticism on the public interest which is not a damage to national security, public safety, economic stability, fundamental sttructure or cause the public panic. Although such message can be a defamation to Gen.Pravit and Gen. Pisit, but the injured person did not report. The prosecution against the accused therefore cannot be proceed.