9/19/2019 Global Freedom of Expression | Public Prosecutor v. Jatupat Boonpattararaksa aka Pai Dao Din - Global Freedom of Expression Following the arrest, Jatupat was taken (h p://www.tlhr2014.com/th/?p=3189#_edn1) to Thai Police Training Center Region 4 instead of Khon Kaen police sta on for inquiries. Jatupat refused to par cipate in the inves ga on process at the training center because he had not been told earlier where he would be taken and none of his rela ves knew his whereabouts. His phone was confiscated by the police and was not recorded in the list of evidence. It was also reported (h p://www.tlhr2014.com/th/?p=3189#_edn1) that the police had organized for a lawyer for Jatupat when he arrived at the center but he preferred to have his own lawyer who was wai ng at Khon Kaen police sta on. It was further reported (h p://www.tlhr2014.com/th/? p=3189#_edn1) that Jatupat’s lawyer’s phone was also confiscated. Jatupat was later released on bail as the Khon Kaen Provincial Court did not consider him to be a flight risk and were prepared to let him take his final exam on December 8, 2016 so that he could complete his university educa on. However, bail was revoked on December 22 a er police alleged that one of this Facebook posts contained rude and insul ng comments about enforcement officers by implying that because the economy was bad, the authori es always wanted bail money. Further, the Court reportedly found that Jatupat had failed to delete the messages he had posted on his social media account which had led to his arrest. The authori es also alleged that Jatupat had acted in a way that could s r up sen ment on social media and this could be construed as an a empt to challenge the state’s power as well as being disrespec ul of the rule of law. The Court ruled (h p://www.bangkokpost.com/news/poli cs/1166161/jatupat-back-in-jail-as-court-revokes-bail) that Jatupat’s acts were causing damage to the na on and it was likely he would con nue such acts despite the fact that he was a law student and mature enough to realize he was viola ng a court order not to break bail condi ons. Prosecutors indicted his case on February 9, 2017 in a closed court session under Ar cle 112 of the Criminal Code and Ar cle 14 (3) of the Computer Crime Act. All Jatupat’s subsequent bail requests were refused. At his trial on August 15, Jatupat was found guilty of lese-majeste and sentenced to five years imprisonment which was commuted to two and a half-years on a guilty plea. Decision Overview The Khon Kaen Provincial Court sentenced (h p://www.bbc.com/news/world-asia-40938914) Jatupat to five years for lese-majeste and commi ng a crime under Ar cle 14 (3) of the Computer Crime Act. The sentence was halved to two and a half years because Jatupat pleaded guilty. According to Thai Lawyers for Human Rights, Judges Vinet Madee and Permpoon Pisanthurakit read only the verdict without giving their reasons. The trial was held behind closed doors. Thailand has been under the rule of Na onal Council for Peace and Order (NCPO), a military junta, since it staged a coup d’etat on May 22, 2014. This case is considered to be poli cally mo vated as Jatupat is known for his an -junta ac vism. DE CI S I O N DI R E CTI O N GLO BA L PE RS PE CTI VE CAS E S I GNI FI CA NCE O FFI CI A L CAS E DO CUM E NTS Reports, Analysis, and News Articles: • Thai ac vist gets prison for sharing king's profile on Facebook h p://www.bbc.com/news/world-asia-40938914 (h p://www.bbc.com/news/world-asia-40938914) https://globalfreedomofexpression.columbia.edu/cases/public-prosecutor-v-jatupat-boonpattararaksa-aka-pai-dao-din/ 3/4