AL THA 3/2024: Mr. Mongkhon Thirakot

Victim’s Information

• “Busbas” Mongkhon Thirakot is a 27-year-old online clothes seller and pro-democracy and human rights activist from Chiang Rai Province in Northern Thailand.
• Since 2020, he has regularly participated in peaceful, pro-democracy demonstrations. At protests and on social media, he was also openly critical of the Thai monarchy and outspoken about the importance of protecting the right to freedom of expression in Thailand.
• He faces four lèse-majesté cases, with three judgments already issued by the Court of First Instance. He has been detained since 18 January 2024 and is currently serving a combined sentence of 54 years and 6 months, pending appeal before the Supreme Court.

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Violations of Human Rights

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Case 1 (Black Case No. 593/2564) and Case 2 (Black Case No. 630/2564)

• The Chiang Rai Provincial Court ordered the two case files to be consolidated, citing the similarity of the underlying facts and the defendants’ consistent defense strategy.

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Facts: Case 1 Black Case No. 593/2564

Between 2-11 March 2021, Busbas shared 25 videos on his personal Facebook, which included videos about:

• Two episodes of Last Week Tonight With John Oliver, which allegedly contained content mocking the King.
• An episode of the U.S. animated satire American Dad, which reportedly depicted a character stealing from a fictional television king
• The BBC documentary The Soul of the Nation, which focuses on the Thai Royal Family.

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Arrest and Charges

• On 1 April 2021, an investigation against Busbas began, alleging he posted messages and images that insulted, defamed, and expressed malice towards the monarchy. 
• On 14 April 2021, while Busbas was on the third day of a hunger strike in front of the Bangkok Criminal Court to demand the release of political prisoners detained under Section 112, police arrested him on charges under Section 112 of the Criminal Code and Sections 14(3) and 14(5) of the Computer Crime Act. During the arrest, officials seized his mobile phone and took him to Phaholyothin Police Station.
• On 15 April 2021, in the early hours of the morning, Busbas was taken to Mueang Chiang Rai Police Station. Later that morning, officers brought him to his home in Chiang Rai and seized several items, including handwritten notes, a statement issued by the Khana Ratsadon (the People’s Movement), a red ribbon, and an armband bearing the three-finger salute. His lawyer was not informed of the transfer, and Busbas was denied access to the search warrant.
• On 16 April 2021, the court granted bail and ordered his temporary release with a surety of 150,000 Baht.
• On 8 July 2021, Busbas was formally indicted under Section 112 of the Criminal Code and Sections 14(3) and 14(5) of the Computer Crime Act. He was unable to attend court at the time due to COVID-19 containment measures.
• On 16 April 2021, the court granted bail and ordered his temporary release with a surety of 150,000 Baht.
• On 8 July 2021, Busbas was indicted on charges under the Criminal Code Section 112 and the Computer Crime Act Sections 14(3) and 14(5). He was unable to attend the court due to COVID-19 containment measures at the time.
• On 25 August 2021, following the reading of the indictment, Busbas’ father submitted a bail request with a surety of 150,000 Baht. Later that afternoon, at approximately 3:00 PM, the Chiang Rai Provincial Court granted bail, imposing the following conditions: the defendant must refrain from any actions detrimental to the monarchy, must not travel abroad, and is required to attend all scheduled court hearings.

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Facts: Case 2  Black Case No. 630/2564

• Between 8 and 9 April 2021, Busbas published two messages on his Facebook account that were alleged to insult, defame, and express malice toward the King. These posts were discovered following his arrest on 14 April 2021.
• On 2 May 2021, Busbas was arrested at his residence in Chiang Rai province and detained at Mueang Chiang Rai Police Station. The following day, he was charged under Section 112 of the Criminal Code and Sections 14(3) and 14(5) of the Computer Crime Act.
• On 3 May 2021, the court ordered his detention during the investigation, citing reasonable grounds to believe that he had committed a serious felony carrying a high penalty. Later the same day, he was granted temporary release on bail set at 150,000 Baht.
• On 23 July 2021, Busbas was formally indicted under the same provisions of the Criminal Code and Computer Crime Act. He was unable to attend court at the time due to COVID-19 measures.
• After the consolidation of his cases, the court considered a total of 27 posts, filed as 27 counts. This includes the two Facebook posts from April 2021, together with 25 posts referred to in the earlier case, which were treated as separate counts in the consolidated proceedings.

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Judgment: the Court of First Instance

• On 26 January 2023, the Chiang Rai Provincial Court delivered its verdict. Applying the standard of a “reasonable person”, the Court found Busbas guilty of lèse-majesté for 14 posts related to King Rama X, ruling that they exceeded the scope of lawful expression and constituted insults to the King under Section 112 of the Criminal Code and Sections 14(3) and 14(5) of the Computer Crime Act. However, the Court dismissed the remaining 13 posts. Busbas was sentenced to 3 years’ imprisonment per count, which the Court reduced to two years per count, given his valuable testimony, resulting in a total sentence of 28 years. He was released on bail pending appeal, with a surety of 300,000 Baht and two conditions: he must refrain from any actions detrimental to the monarchy and must not travel abroad.

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Judgment: Court of Appeals Region 5

• The Court of Appeals Region 5 upheld and partially amended the judgment, again applying the standard of a “reasonable person.” It confirmed that the 14 posts previously convicted constituted insults and expressed malice, and could not be interpreted as symbolic political expression. The Court of Appeals, however, reversed this dismissal for 11 of those posts—nine concerning the late King Rama IX and two others—ruling that Section 112 also applies to the deceased King. Busbas was found guilty of these 11 additional counts and sentenced to three years’ imprisonment per count, reduced to two years per count, totaling 22 years. Combined with the original 28-year sentence, he was convicted to serve a total of 50 years’ imprisonment, marking the longest sentence recorded under Section 112.

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Case 3 (Black Case No. 1278/2565)

On 28 and 30 July 2022, Busbas published two posts on his Facebook account that were alleged to insult, defame, and express malice toward the King. On 11 August 2022, more than twenty police officers conducted a search of his residence, arrested him, and charged him under Section 112 of the Criminal Code and Sections 14(3) and 14(5) of the Computer Crime Act. During the search, the authorities seized T-shirts containing content critical of the monarchy, as well as Busbas’ mobile phone.

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Arrest and Charges

• Busbas was detained at Mueang Chiang Rai Provincial Police Station from 11 to 13 August 2022. On 13 August 2022, the Chiang Rai Provincial Court ordered his continued detention at the request of the investigating officer. Subsequently, the court granted his temporary release on bail set at 150,000 Baht.
• On 4 November 2022, the Chiang Rai Provincial Public Prosecutor formally indicted Busbas on charges under Section 112 of the Criminal Code and Sections 14(3) and 14(5) of the Computer Crime Act.

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Judgment: Court of First Instance

• On 30 October 2023, the Court ruled that both messages posted Busbas damaged the reputation and honor of the King, constituted expressions of malice, and affected the security of the Kingdom. Accordingly, the Court found the posts to be offenses under Section 112 of the Criminal Code and Section 14(3) of the Computer Crime Act. As the acts constituted a single offense violating multiple laws, the court applied the harshest penalty under Section 112 and sentenced him for both counts.
• The court sentenced Busbas to three years’ imprisonment per count. The sentence was reduced by one-third for providing useful testimony, resulting in 2 years’ imprisonment per count. Additionally, the Court imposed 6 months’ imprisonment from a prior case in which the defendant trespassed on the premises of the Chiang Rai Provincial Court; this sentence was suspended. The total effective imprisonment was calculated as 4 years and 6 months.
• While awaiting the bail order, Busbas was detained at Chiang Rai Central Prison on the night of 30 October 2023. During this time, he was subjected to harassment and rights violations by officials, who threatened him, ordered him to sit and remove his clothes during a body search, destroyed some of his clothing with a knife, and instructed him not to report the harassment.
• On 31 October 2023, Busbas was temporarily released on bail with a surety of 300,000 Baht., subject to the conditions that (1) the defendant shall refrain from engaging in any acts that may bring the monarchy into disrepute, and (2) the defendant shall not leave the Kingdom without permission. A breach of these conditions may result in the Court of First Instance revoking the bail.
• On 4 September 2024, the Court of Appeal Region 5 upheld the judgment of the Court of First Instance. The Court held that the remaining grounds of appeal raised by the defendant were ancillary and did not affect the disposition of the case, and therefore did not warrant further examination.