Cases, Computer Crime Act, Public Assembly Act, Section 116

Chaturon: Held press conference at the FCCT

Latest Update: 16/01/2021

Defendant

Chaturon Chaisaeng

Case Status

Case dismissed by Court

Case Started

2014

Complainant / Plaintiff

No information

When the NCPO seized the power on 22 May 2014, it issued NCPO order no. 1/2014 summoned Chaturon as Phue Thai politician to report in a military camp. Chaturon did not report but posted message on his facebook declared that he did not recognize the power from the coup. Later, Chaturon made announcement that on 27 May 2014 he will hold a press conference at the Foreign Correspondence Club of Thailand (FCCT). On the date he managed to talk to the press shortly before he was arrested by military men in uniform.

Chaturon was held in a military camp for 2 nights before he was brought to the Crime Suppression Division to inform of 3 criminal accusations inculding defying NCPO summon order, Sedition under Section 116 of the Criminal Code and Computer-related Crime Act Section 14(3). Chaturon was detained at Bangkok Remand Prison for 9 days from 29 May to 6 June 2014. He was released after the court granted him bail.

On 15 October 2014 Chaturon entered in to a plea at the Bangkok Military Court. Chaturon filed motion object jurisdiction of the military court over his case. Later on 25 April 2016 the Bangkok Military Court read an order of the Committee on Jurisdiction of Courts that the charge of defying of NCPO summon order was a case under jurisdiction of the civillian court but the Sedition and Computer-related Crime Act accusations were falled under jurisdiction of the Bangkok Military Court.

Chaturon's case started the first witness hearing on 24 January 2017. Under jurisdiction of the military court only 2 witnesses have testified and there were at least 3 time that trials were postponed because witnesses for the prosecution did not came to the court.

On 22 July 2019, NCPO order to transfer the case to be try by the normal court. Criminal Court scheduled to have witnesses examination continuously and gave a verdict on 22 December 2020 dismissed all charged. Criminal Court said Chaturon's speech was faithful freedom of expression and this prosecution is against the rule of law.

Defendant Background

Former Minister of Education, Former Vice Prime Minister, Former Minister of Justice, and Deputy Prime Minister.

Offense

Article 14 (3) Computer Related Crime Act, Article 116 Criminal Code, Defying NCPO order 41/2014

Allegation

Did not report himself to the NCPO as its order, gave a speech at FCCT, which was inciting, stimulating, making disorder within the Kingdom of Thailand that was supposed to be within the scope of a crime prescribed in article 116 of the Criminal Law.

Circumstance of Arrest

27 May 2014

Chaturon went to The Foreign Correspondents' Club of Thailand (FCCT) at Maneeya building and gave his speech to foreign medias. He gave a short interview that he did not want to stay in concealment anymore and did not want to flee to another country. After that he surrendered himself to the NCPO, the soldiers arrested him among the foreign media. The last speech given to the audiences was that 'don't worry about me'.

Trial Observation

Black Case

อ.3055/2562

Court

Bangkok Military Court, Criminal Court

Additional Info

Reference

29 May 2014

the military police brought Chaturon to the crime suppression division and immediately took him to the meeting room, and did not allow him to give any interview to the media. The inquiry officers who will investigate Chaturon gradually came into the room.

Around 6.30 PM, the Government Public Relations Department reported that the inquiry officers of the crime suppression division brought Chaturon to the military court to submit the request for the jurisdiction on the 1st period of temporary detention for 12 days for violating NCPO’s order, not reporting himself to the NCPO as its order, and the violating article 116 of the Criminal Law making disorder and disobedience among Thai citizen. Chaturon submitted a request for bailing himself out to the military court in Bangkok but his request was rejected by the court and he has been detained at Bangkok Remand Prison according to the jurisdiction on 1st period of temporary detention for 12 days.

6 June 2014

The officers from Bangkok remand Prison brought Chaturon into the 2nd period of temporary detention at the military court in Bangkok. Thitima Chaisaeng, his younger sister, and a lawyer from Lawyer's Association of Thailand, submitted a request for bail.

10.30 AM at the military court of Ministry of Defence, the judges of military court sat on the bench for hearing the case brought by the inquiry officers of the crime suppression division who submitted the request to detain Chaturon for the 2nd period of temporary detention. The inquiry officers illuminated that, as for now, the preliminary examination of witnesses has not been finished yet, 4 more remained, the investigation of evidence, the clip of Chaturon’ s speech given to the media at FCCT, is now waiting for the confirmation from the scientific crime detection division, office of police forensic science.

The military court investigated the inquiry officer if the process of investigation on Chaturon has been completely done or not and asked for the reasons for the need to detain Chaturon for the 2nd period. The inquiry officer asserted that the process of investigation on Chaturon has already been done and they would like to confirm the reasons for detention.

Then, the jury of military court investigated Chaturon if he wanted to oppose the temporary detention or not. Chaturon stood up and specified that he wanted to oppose the 2nd period of the temporary detention because during 12 days in the 1st period of the temporary detention, he thought that, the inquiry officer should be able to finish the investigation on evidence. For awaiting the result from the office of police forensic science, he wondered why the officer did not finish the investigation on evidence before accusing him. He also specified

that he is a politician working as a minister for several years, so he certainly has no criminal record and there is no reason for any temporary detention.

For the accusations, both on violating the NCPO’s order number 1/2557 and on giving a speech deemed to be an incitement. Those accusations are serious. It is necessary to authorize the group of lawyers and experts to defend the case. And because this is the first time in a decade when a civilian has been brought to the military court. As long as there is the detention, the defendant must lose the right to defend the case. He has never stayed in concealment as he has let the soldiers to capture himself in the day he gave a speech.

Afterwards, the court issued an order to detain Chaturon for the 2nd period of temporary detention for 12 days during 9-20 June 2014.

At the same day, around 2.30 PM, the military court issued an order permitting to bail Chaturon out by 400,000 Thai Baht with the prohibition to not travel to another country and not attend any rally or express any political opinion.