Case

Case name

Opas: Messages written on the toilet wall, the second case

Lèse-majesté

Name of persons / Name of Media

Opas

Status of Accused

served penalty

Offense / order

Article 112 Criminal Code

Summary

In July 2015 while Opas is serving prison sentence of his first Lese majeste case Opas was informed of another Lese majeste charge. In the second case, Opas was accused to written message in a toilet near by crime scene of the first case and alledgly committed offense almost at the same time.

In October 2015, Opas pleaded guilty before the Military Court, he was sentenced to 3 year in prison. Due to his guilty pleas, the court mitigated his sentence to 1 year and 6 months. The court also ordered that sentence according the second case will count only after Opas compleated his one year and 6 months prison term of the first case. Alltogether, Opas will be sentence up to 2 years and 12 months.

In August 2016, the Royal Pardon decree was issued. Opas was listed as detainee that set to be release prior to his actual prison term, he was released on 27 August 2016. Overall Opas served 678 days in prison.

Basic information

Background of accused

Opas was a business man. He has never been involved with any political rallies. He has, however, been interested in political affairs, and has listened to a communities radio. Opas was unpleasant to the coup and military government.

Learn more about 'Opas', read: Opas:An old man and his love [112 the Series]

Complainant / Plaintiff

Lt. Col. Burin Thongprapai, a staff judge advocate at the 2ndCavalry Division King's Guard.

Legal Claims

Lèse-majesté

Form of restriction on freedom

Charge filed
Type of media

Other
Province

Bangkok
Court

Bangkok Military Court
Black case

คำอธิบายคดีดำ ภาษาอังกฤษ

No: 197ก. / 2558 Date: 2015-07-07

Details of offence according to charge

The statement of accusation by the military prosecutor descibed that the defendant who is a civilian had committed an offense against the King under the Article 112 of the Criminal Code. The defendant's offense was an offense that fall under jurisdiction of the military court, in accordance with the NCPO Announcement no.37/2014 dated 25 May 2014.

Between 1 - 15 October 2014, which was the time that Martial Law is enforcing nationwide, the defendant defamed and insulted the King in front of the third person by used a magic pen wrote a message on the door of a toilet located on the second floor of Seacon Square Department Store, Srinakarin. Some part of the message can be translated as “Cross-Eye Prayuth Chan Ocha bullshit about reforming Thailand, always be conservative, traditional and authoritarian, Queen’s guard - coward - military uniform with skirt. This time a Cross-Eye and xxxxxxxxx, Thais will continues to have fun with 8pm news xxxx- take money and gold. tour on reading Thai test - take money xxxxxx more than 10 years, such pity, having money saving in Swiss 5,000 million USD (Sufficiency Economy?). Thais will alway have to prostrate - prostrate on his feet, and call himself dust under the feet” (iLaw- the word in XXX could not be reveal, the translation is not exact due to the way a message was constructed in Thai)

The message had a meaning to accuse the king which defamed and insulted the king with an intention to make the people lose their faith and loyalty toward the king.

The accused is serving prison sentence of his first lese majeste case which he was sentenced 1 year and 6 months according to the verdict of red case 99ก. / 2558 of the military court.

The defendant had committed an offence which had been stated above and the prosecutor saw that this was an offence against the King under the Article 112 of the Criminal Code. The prosecutor submitted a request to the court to count the sentence of the accused in this case after he had served the full sentence from his first case.

Circumstance of arrest

Opas was informed that he was charged in this case under lese majeste while he was detained in prison under the verdict of his first lese majeste case.

Progress of case

15 October 2014,

4 uniformed army officers arrested Opas at Seacon Square Shopping Centre and took him to the 2nd Cavalry Division King's Guard for further investigation. His photos were taken, and other relevant documents were photocopied.

The army officers persuasively asked Opas to specify which community radio stations he has listened to. During investigation, he wasn't threatened or tortured.

In the evening after the investigation, Lt. Col. Burin took Opas to the Crime Suppression Division (CSD)

20 March 2015,

The Bangkok Military Court sentenced him 1 year and 6 month for his first lese majeste case.

7 July 2015,

The military prosecutor file a charge against Opas on this case for writing lese majeste message on different toilet wall of the same department store. It was claimed to be happened on the same date of the first case. However, this was considered as an another offence against the King under the Article 112 of the Criminal Code.

16 October 2015,

Deposition Examination

Bangkok Military Court scheduled Opas to have a deposition examination. On that day, there were 15 representatives from embassies and international organizations came to observed. However, the court had a highly security restriction. An official asked to limit the observers giving reasons that the court room was small and this was an lese majeste case which normally wouldn’t allow people to observe inside the court room.

When the trial started, the prosecutor requested the court to continued the trial in “secret” because the message according to the charge mentioned the king which might affect public’s feeling or be contrary to public order or good morals. The accused’s lawyer objected by giving reasons that this was just a deposition examination and there wouldn't be any process mention about the lese majeste message. Moreover, If the court allowed to observe, it would had a good effect on the court in term of transparency of the legal procedure. However, the court agreed with the prosecutor to tried this case in secret and requested all observers to leave the room.

When the trial finished, the lawyer revealed that Opas pleaded guilty. The court had a verdict that sentenced him to 3 years but mitigated to 1 year 6 months as he pleaded guilty. Opas had to served his sentence after his first case sentence so that made it 3 years from both cases.

The lawyer also told that the prosecutor still doubted on some statement in the defendant's motion which was “This guilt of the defendant still counted as a first time because he committed an offence in almost the same time, with the same intention and ended in almost the same time. The actions which occurred was unintentional and a short temper”

The prosecutor saw that there was a contradiction to the plea of guilty and if the defendant didn’t cut off that statement, the prosecutor would examine the defendant’s intention. The lawyer requested the court to decide if that was an denial of the allegation. However, the court replied that he didn’t have the power to judge so he would let the prosecutor and the defendant discussed and decided. After the discussion, the accused was willing to cut that statement off.

About the accused’s request to suspend his sentence and to count both case’s sentence on the same time, the court saw that this case was out of criteria of suspension and the court had sentenced him lightly so there was no reason to count both case’s sentence on the same time.

8 August 2016,

Royal Gazette published the royal’s pardon on 2017. Opas was on this criteria on this pardon so he received an early released.

27 August 2016,

Department of Corrections scheduled to release Opas but police from Prawet Police Station had an arrest warrant on Opas and waited for him. A lawyer from Thai Lawyers for Human Rights contacted with the police station to ask what warrant this is. The lawyer found that this was the arrest warrant of this case and the case have already had the verdict and Opas has already served his sentence (the case is closed). The lawyer contacted the police to revoke the warrant so the police contacted to Department of Corrections to withdraw the warrant. Finally, Opas had been released and not had to go to Prawer Police Station.

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