- Important case
Eakkarit: Heir of a member of People Party made a lese majeste Facebook post
Latest Update: 26/10/2017
Defendant
Eakkarit
Case Status
On trial in Court of First Instance
Case Started
2017
Complainant / Plaintiff
No information
Table of Content
Ekkarit, a nephew of a member of the People Paty and a user of facebook account 'Adisak Sakulnguen' was arrested by the military on 6 May 2017 after he posted a picture and message on Facebook deemed to be an offense against the King.
Ekkarit denied the charge during the intorogation but later pleaded guilty once he appeared at the court. On 3 August 2017, the Criminal Court sentenced Ekkarit to 8 years in prison but later mitigated his sentence to 4 month due to his guilty plea.
Ekkarit denied the charge during the intorogation but later pleaded guilty once he appeared at the court. On 3 August 2017, the Criminal Court sentenced Ekkarit to 8 years in prison but later mitigated his sentence to 4 month due to his guilty plea.
Defendant Background
The offender, Ekarit , graduated from New York Military Academy and accredited a degree of Interior Design from the US. He was a condominium manager in Pattaya before he left and moved to Bangkok.
Ekkarit spent his childhood with his grandfather, Luang Seriruengrit who was a member of the People’s Party, before he went to study abroad. For this reason, he interests in History and Politics, and also his belief in concept of equity were influenced by his grandfather. Ekarit followed his grandfather advice of not to be a part of political movement, but occasionally express his opinion on his personal Facebook page along with the disclaimer that the opinions are solely his personal responsibility and do not necessary represent the view of his family.
Offense
Article 14 (3) Computer Related Crime Act, Article 112 Criminal Code
Allegation
According to the petition for provisional detention filed by the Technology Crime Suppression Division to the Criminal Court, on the 6th April 2017, Ekkarit allegedly used a Facebook account ‘Adisak Sakun-ngoen’ to post and share pictures of the King Rama X of Thailand in his private manner. In particular, Ekkarit created an illustration with improper text then post an insulting comments which shows his gravely disrespectful to the King.
The petition of Ekkarit specified allegations under Section 112 of the Criminal Code, the lèse majesté law. He is also accused under Section 14(3), (5) of the Computer-related Crimes Act, which criminalises the importation or dissemination of illegal computer data that effects national security.
Circumstance of Arrest
On the 6th May 2017 before dawn, Ekkarit was resting at his resident on Itsaraphap Road when he heard a knock on the door by the security guard claimed that a package was delivered for him. He therefore, keep the door shut because it is unusual for a package delivered at that time.
Ten minutes later, again, knocking on the door, this time claimimg to be from NCPO. The person declared the power of Section 44 of Interim Constitution, and said that he has a right to break the door if Ekkarit did not open it. As soon as Ekarit opened the door, suddenly about 30 officers including military and local police rushed into his room, none of them wore uniform neither presented any document.
Ekkarit was arrested and after the officers checked his desktop computer, which was collected as an evidence along with his electronic devices i.e. mobile phone and external harddisk.
Ekkarit was asked if he already knew why he was captured. After he answer the question ‘Yes, I knew’, the officer then brought him to a local police station, Bangkok-Yai, then to Military Circle 11.
When he arrived at the Military Circle 11, he had physical examination by a physician, then pictured by a woman officer. His computer, mobile phone and external hard disk were examined by two-young soldiers. He was asked if he kept data elsewhere. He was denied when he asked for a call his relatives to bring him some clothes. Although he was questioned many times by military personels and officers from Technology Crime Suppression Division, during the five nights locked up, Ekkarit had never met his family nor his lawyer.
Trial Observation
No information
Black Case
No information
Court
Criminal Court
Additional Info
No information
Reference
No information
6th May 2017
By virtue of Section 44, Ekkarit was arrested from his resident to ‘Bangkok Noi’ Police station before transferred to Military Circle 11 and was locked up for five nights.
11th May 2017
Ekkarit was taken to Technology Crime Suppression Division. The arrest record stated that around 9.30 am. Sub Lieutenant Jakkrit Sukrabin and his team delivered Ekkarit from Military Circle 11 to Technology Crime Suppression Division to continue the charging process. Ekkarit denied all charges and refused to sign the arrest record. He was asked whether he has a lawyer, he denied and requested one. The officer, then, contacted the Thai Lawyers for Human Rights who advised him through the phone.
After completing the documentation process, the Technology Crime Suppression Division officer took Ekkarit to the Criminal Court, then the court approved the provisional detention during the investigation process and sent him to Bangkok Remand Prison .
3rd August 2017
After 84 days of provisional detention, the prosecutor filed charges against Ekkarit to the Criminal Court. Ekkarit was alone on the trial date. Neither his relatives nor his lawyer was with him because none of them knew the appointed trail date. When he arrived at the court, the court officer asked Ekkarit if he wanted to confess. After he told them that he does not know what his charges are, they brought him a copy of the complaint filed by the prosecutor. After he read the petition, he confessed.
Ekkarit said, he was taken to the lower chamber of the Criminal Court, along with other accused. Most of them are accused for drugs. After the judge finished his trial with all drug cases, he then asked Ekkarit for his plea. After Ekarit confessed, the judge left the courtroom for about 15 minutes.
When the judge returned, Ekkarit was sentenced to be imprisoned for eight years. However, the penalty was reduced to 4 years because he pleaded guilty. After hearing the verdict he was taken back to prison without a copy of the verdict.
Verdict
The Criminal Court sentenced Eakkarit to 8 years in prison. His sentence was later mitigated to 4 years due to his guilty plea.