Another social media 112 case

Yesterday, we posted on the case of 21-year-old activist “Bank” Natthaphon, charged with lese majeste.

Clipped from Prachatai, attributed to Ginger Cat

In a related case, on 19 January 2024, “Ta” Khathathon, a 28 year-old activist from the Thalugaz group, turned himself in to the police and he has been charged 112 and computer crimes.

The charges relate to a Facebook photo of a man holding pieces of paper with profanities in front of a portrait of King Vajiralongkorn.

Ta had learned that there was an arrest warrant for him after Natthaphon was arrested and charged over the same Facebook photo.

The complaint against both Khathathon and Natthaphon was filed by ultra-royalist thug Anon Klinkaew, self-proclaimed leader of the People’s Centre to Protect the Monarchy.

Khathathon announced on activist Tantawan Tuatulanon’s Facebook page that he was turning himself in to show that he is not a flight risk. The latter is a “reason” used by royalist judges to refuse bail.

In that video clip he also said that he would refuse to be transferred to any police station other than Samran Rat Police Station, which is responsible for the case against him and Natthapon. Natthapon has been transferred to Thung Song Hong Police Station.

Even so, the brown shirts transferred Khathathon to the Thung Song Hong Police Station. In protest, he refused to leave the police van “and spent the night in the vehicle, which was parked in front of the police station surrounded by metal railings.”first

Khathathon learned of the warrant when he and other activists were gathering in front of Samran Rat Police Station.

While being processed at Samran Rat Police Station, Khathathon refused to be fingerprinted and was subsequently charged for refusing to follow an officer’s order. The police also wanted to collect a sample of his DNA, but both Khathathon and his lawyer refused.

Later, the Criminal Court granted bail.

Article 112: 3 years for a Facebook comment

Thai Lawyers for Human Rights report that on 11 January 2024 the Ratchada Criminal Court imprisoned “Nattaphon” (surname withheld) for three years, reduced to 18 months, without parole in a 112 case for commenting in May 2021 on Somsak Jeamteerasakul’s Facebook post concerning rumors of Rama 10’s illness.

Police Lieutenant Colonel Kittipong Amrit-Olarn from Police Headquarters accused  Natthaphon of lese majeste and he was charged on 15 September 2021. Prosecutors ordered charges be filed with the Criminal Court on 4 September 2023.

The prosecutor alleged that on 12 May 2021, Facebook user “Somsak Jeamteerasakul” posted a message saying: “There are rumors that Vajiralongkorn is sick at Siriraj. Can anyone confirm this news?” Later that day it was alleged that the defendant posted a comment, also attaching a cartoon. The prosecutor claimed that the message was insulting and showed malice towards King Vajiralongkorn.

On 27 November 2023, Natthaphon decided to confess and prepared a statement accompanying the confession and submitted it to the court. The court therefore ordered the probation officer to investigate and examine the defendant’s behavior, to be considered at sentencing.

The defendant was, of course, found guilty of Article 112 and computer crimes offenses. Natthaphon was sentenced to three years in prison, reduced because he confessed.

The court rejected the pre-sentence report said it was appropriate to grant a suspended sentence. The court claimed to find the alleged messages to be serious. Therefore, Natthaphon was sentenced to imprisonment without parole

Natthaphon was immediately taken into custody while waiting to post bail. The  court granted bail pending an appeal. A security deposit of 100,000 baht was lodged from the People’s Prasong Fund.