- Important case
Human Right Defenders Publicized a Report on Torture
Latest Update: 04/06/2020
Defendant
Pornpen Khongkajornkiet
Case Status
Other
Case Started
2016
Complainant / Plaintiff
The Internal Security Operations Command (ISOC) Region 4
Table of Content
The Internal Security Operations Command (ISOC) Region 4 filed a complaint against 3 human rights defenders, Pornpen, Somchai and Anchana, accusing them for committed criminal defamation by means of publication as well as committed offense against the Computer-related Crime Act by publicizing a report on torture between 2014 and 2015
After a long and complicated negotiation, ISOC stated that, for reconcilliation, it will withdraw the charges against three human rights defenders under condition that the release of future human rights reported must be made throught the new cooperated mechanism.
Defendant Background
Pornpen Khongkachonkiet is the director of Cross Cultural Foundation (CRCF), used to be in the position of subcommittee campaigning against torture of National Human Rights Commission of Thailand, who is responsible for investigating to prevent torture and misuse of the government officer’s authority.
Somchai Homlaor is a consultant of Cross Cultural Foundation, used to establish the Human Rights organizations that worked on human rights and encouraged and push forward the human rights laws, and also being a supporter in various human rights cases.
Anchana Heemmina is the co-founder of Duai Jai Group (Hearty Support Group) which provide legal counsel support for the inmate’s families to access to the rights and the justice.
Offense
Article 14 (1) Computer Related Crime Act, Article 326 / 328 Criminal Code
Allegation
Pornpen, Somchai and Anchana together publicized the situation report on Torture and ill treatment in The Deep South from year 2014-2015 the number of 126 pages on Voice from Thais website page.
Accusing of the military abusing the inmates and the suspects in the South of Thailand without any prominent evidence, it is within the scope of offence of defamation by publication in document which is violating Section 328 of the Penal Code and Section 14(1) of the Computer-related Crimes Act.
Circumstance of Arrest
The three accused reported themselves to inquiry officer. There was no arrest.
Trial Observation
No information
Black Case
No information
Court
No information
Additional Info
No information
Reference
No information
December 2015
Pornpen, Somchai and Anchana together on behalf of the cooperation between Duai Jai Group, Patani Human Rights Network and Cross Cultural Foundation delivered the full version of the situation report on Torture and ill treatment in The Deep South from year 2014-2015 to Commander of the Fourth Army Region, Lt-Gen Wiwat Pathompak.
10 February 2016
Voice from Thais website publicized the report in full version, number of 129 pages identified the editor team of the report are Pornpen , Somchai and Anchana, stated. The report stated that the purpose of the publication is for emphasizing to all parties to realize the existence of the torture and the inhuman treatment in the southern border that is exist and still on-going without any resolution.
17 May 2016
Royal Thai Army authorized the Internal Security Operations Command Region 4 (ISOC D.4) to file the charge against Pornpen, Somchai and Anchana at Yala province local police station under defaamtion by publication and imported false information to which effect national security into computer system.
14 June 2016
At 06:12 am Pornpen posted the picture of a court's warrant on her personal Facebook page, the accusation specified on the sommon is including uploading the report on the website as well as printed and distributed to ordinary people.
21 February 2017
Inquiry officer appointed the three suspects to meet and proceed on the lawsuit to Patani’s prosecutor. The three suspects hand in a letter to prosecutor demanding for justice. The prosecutor made an appointment for them to meet again on 21 March 2017.
The content of the Letter can be summarized as follow:
Requesting the prosecutor to order the inquiry officer to interrogate more inportant witnesses and consider the facts and legal aspects in this case that the accusor might not have the authority as injured person because Internal Security Operations Command (ISCO) is the government’s department and its operation impact general citizen therefore it is the organization in which the citizen is able to investigate. The defamation charge under Penal Code is aiming to protect the rights of the human to not be violated but do not intend to protect juristic persons especially the government’s organization from being investigated and criticized. Therefore ISCO, the accuser, cannot file a complaint.
7 March 2017
Cross Cultural Foundation, Duai Jai group and Internal Security Operations Command Division 4 (ISOC D.4) participated in a meeting at the Sukosol hotel intended to find a solution to the problem of human rights voilation and torture in the Deep South of Thailand. The topic that caught the interest of the public is that ISOC D.4 announced to withdrew the lawsuit against the three human rights activists. Later in the press conference both ISOC D.4 and the three activists agreed on three topics which are:
1. A comittee must be established to investigate the facts of the cases of human rights violation.
2. Measures to prevent human rights violations must be initiated and remedy must be placed for torture cases.
3. Human rights reports, in the future, must be represented to the new extablished mechanisms to verify the fact and to not effect other's right.
For the sake of harmony, ISOC D.4 and all other involved parties shall withdraw the case against the three activists.
2 November 2017
It was reported that the public prosecutor in Pattani issued an official non-prosecution order on the case against the three human rights activists.
Verdict
No information