Pornpen: Defamation to Royal Thai Armed Forces

Latest Update: 27/03/2017

Defendant

No information

Case Status

Charge rejected by prosecutor

Case Started

2014

Complainant / Plaintiff

No information

Table of Content

The Royal Thai Armed Force filed a criminal complaint against Pornpen Khongkachonkiet and the Cross Cultural Foundation (CrCF) as a result of the foundation’s opened letter demanding an investigation on an alleged physical assault of detainees. The accused were accused of defaming the 41st Infantry Regiment of Yala province, located at the deepsouth of Thailand. However, the public prosecutor did not agree to sue because the complainant was not given any authority from the Royal Thai Armed Force to submit the complaint.

Defendant Background

Pornpen Khongkachonkiet is a human rights defender. At the time of this cas, she is a director of Cross Cultural Foundation (CRCF) which monitored and documented torture cases all over Thailand.

Offense

Article 326 / 328 Criminal Code

Allegation

Pornpen issued an opened letter calling for an investigation of the accusation of a physical assualt of the detainees by military officers. The letter seems to cause damage to reoutation of Thai army in the deepsouth.

Circumstance of Arrest

No information

Trial Observation

No information

Black Case

No information

Court

No information

Additional Info

No information

Reference

No information
24 August 2014
 
Pornpen Khongkachonkiet, the director of the foundation, and the foundation were summoned to acknowledge the accusation with an inquiry officer at the Yala Police Station in Yala province. Maj. Likhit Krachodnok on behalf of the 41st Infantry Regiment accused Pornpen Khongkachonkiet, the director of the foundation, over defamatory charge by disseminating an opened letter that defamed the 41st Infantry Regiment of Yala province. According to the summons, the accused were required to meet the inquiry officer on 25 August 2014. The foundation however received the summons on 24 August 2014, it then issued a letter seeking a permission to postpone the appointment to Sunday 14 September 2014 and the accused would be accompanied by Somchai Homlaor who is the chairperson and the representative of the foundation.
 
 
6 September 2014
 
Adilan Aliishoh, the attorney in this case, was informed by Pol. Lt. Pongsak Promket, the inquiry officer of the Yala Police Station, that the case was not under the Yala Police Station but under the Thathong Police station, Raman district, Yala province. The police also informed the accused, the foundation and Pornpen, through their lawyer that the summons were already cancelled and considered to be invalid.
 
 
9 September 2014
 
The lawyer of the Cross Cultural Foundation was notified by Pol. Lt. Col. Pisit Lomkampha, the inquiry officer of the Thathong Police Station, that the summons were already issued and the accused had to report to the police on 14 September 2014.
 
 
17 June 2015
 
The public prosecutor of Yala province issued a non-prosecution order not to sue Pornpen Khongkachonkiet, the director of the Cross Cultural Foundation, and the foundation. After the consideration, the public prosecutor was of an opinion that the accused only intended to bring the factual information happening to Adil Samae to the commander of the plaintiff as well as other relevant organisations to initiate an investigation, which was considered as a way to generally criticize the performance of the public organisation with an absence of a malicious intention. The prosecutor also stated that although the complainant submitted the complaint on behalf of the organisation not for himself, however the complainant was not given any authority from the Royal Thai Armed Force. The complainant was therefore not an injured party.
 
 
 

Verdict

No information

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