Red Shirt leader sentenced to five years for disclosing state secrets

The Criminal Court sentenced Red Shirt leader Jatuporn Prompan to five years in prison without probation for disclosing confidential state documents regarding Thai-Cambodian relations. His lawyer has filed for bail with collateral amounting to 250,000 baht.

The Criminal Court convened yesterday, August 6, to deliver its verdict on the undecided case number 2540/2565. The public prosecutor had charged Thai politician and activist Jatuporn with actions that allowed others to gain access to or obtain secret documents crucial to national security.

According to the indictment, on December 17, 2009, Red Shirts leader Jatuporn disclosed a highly confidential and urgent letter from the Ministry of Foreign Affairs dated November 16, 2009. The letter contained strategies for handling Thai-Cambodian relations and was intended to remain secret for the security of the country.

Jatuporn broadcasted the contents of this letter on the People Channel television station, violating national security laws. The incident occurred in Wang Thonglang subdistrict, Wang Thonglang district, Bangkok, leading to charges under Section 124 of the Criminal Code. Jatuporn pleaded not guilty and attended the court session to hear the verdict.

The court examined the evidence from both the prosecution and the defence. It was confirmed that before the broadcast on the People Channel’s Truth Today programme, Jatuporn had received a highly confidential document from the Ministry of Foreign Affairs.

As a member of the opposition party at that time, Jatuporn decided to disclose the document on his television show. The Cambodian capital Phnom Penh later reported the reaction of the Cambodian prime minister to the Thai Ministry of Foreign Affairs.

The critical issue for the court was whether Jatuporn had committed the offence as charged. The court found that the document Jatuporn disclosed matched the description in the prosecutor’s indictment. Despite differences in document numbers, the content was identical. The court also noted that Jatuporn received the document from another politician, Sanguan Pongmanee, and broadcasted it on his show.

The document was stamped Highly Confidential and contained sensitive information about national security and international relations, including strategies for resolving conflicts between Thailand and Cambodia. Disclosure of this document could have given Cambodia insight into Thailand’s strategies, potentially affecting Thailand’s ability to implement its measures effectively.

Sensitive document

The document’s confidentiality was crucial, and only authorised individuals could disclose such information. Jatuporn did not seek permission for the disclosure, leading to significant damage to the Ministry of Foreign Affairs.

The document’s contents included analyses of Cambodia’s stance, development goals, and issues regarding Thai-Cambodian relations. It also mentioned former Prime Minister Thaksin Shinawatra as a primary threat and referred to leaders of neighbouring countries.

Testimonies revealed that after the document was disclosed, the overall relationship between Thailand and Cambodia deteriorated, leading to a downgrade in diplomatic relations and the recall of ambassadors. The document had not been declassified, and its disclosure had not been authorised by the Information Disclosure Board, meaning it remained highly confidential.

The court concluded that Jatuporn was aware that the document was an official confidential document. By explaining its contents on television, he knowingly risked the document being used against Thailand, affecting international relations.

Although Jatuporn claimed he had no intent to commit the offence and disclosed the document to defend himself against accusations, the court held that he should have pursued legal action instead of broadcasting the document.

Jatuporn’s defence argued that he was protecting national interests. However, as a member of the opposition, he should have raised the issue in a parliamentary session. The court found his evidence insufficient to counter the prosecution’s case, concluding that his actions aimed to make the confidential document public, violating national security.

The court sentenced Jatuporn to five years in prison without probation for violating Section 124 of the Criminal Code. Subsequently, Jatuporn’s lawyer filed for temporary release pending an appeal, with the court granting bail under a 250,000 baht bond, reported KhaoSod.