English version release on 14 October 2015
Supreme Court dismissed case filed by Pol Gen Chakthip against Mr. Sudeerueman for reporting false information relating to the investigation of DSI and NACC on allegation that gun robbery suspects were tortured by police(s)
The Supreme Court dismissed the case filed by Pol Gen Chakthip Chaijinda (then, Pol. Gen.Maj.) against Mr. Sudeerueman Maleh with the Criminal Court in 2009 for reporting false information to judicial officers in order to hold him criminally liable. It stemmed from the evidence the defendant in this case had given to inquiry officers of the Department of Special Investigation (DSI) and the National Anti-Corruption Commission (NACC). The case has reached its final verdict as the Criminal Court read out the verdict of the Supreme Court no. 11720/2557 on 30 September 2015 in which the Court dismissed.
The case was relating to the gun robbery at the Narathiwat Rajanagarind (Pileng) Army Camp in Jao Ai Rong District, Narathiwat in 2004. Later a dozen of suspects in this case alleged that they had been subjected to physical abuse and forced to confess to the crime by the police investigators. After the investigation, the DSI found there was a prima farcie case and referred it to the NACC for further action.
On 29 July 2009, while the NACC”s investigation was going on, Pol Gen Chakthip Chaijinda, as part of the investigating police team, has filed a case against Mr. Sudeerueman Maleh who had given evidence to the DSI and NACC. He claimed to have been subjected to torture while being held in custody at Tan Yong Police Station. The police officer has filed the case against Mr. Sudeerueman Maleh with the Criminal Court in the Black Case no. O2161/2552 for reporting false information to the official in judicial process to hold an official liable for a crime he did not commit. Later on 10 August 2011, the Lower Court ruled in a verdict of the Red Case no. O3140/2554 and found the defendants guilty as to the Penal Code’s Article 173 coupled with 174(2) and 181 (2) and sentenced them to two years of imprisonment. The defendants appealed the case and the verdict was overturned by the Appeals Court. The Criminal Court read out the verdict of the Appeals Court on 3 July 2013
The plaintiff appealed with the Supreme Court and on 29 September 2015, the Criminal Court read out the verdict of the Supreme Court which confirmed the verdict of the Appeals Court to have the case dismissed and find the defendants not guilty as alleged.
While being part of the investigation team in 2004, Pol Gen Chakthip Chaijinda, the plaintiff in this case was holding the ranking of Pol Col. He and other police officers were undergoing the investigation of the DSI and NACC for having allegedly tortured the suspects, though the investigation had no bearing on his government service, as he continued to rise up through the ranks. He is now a Pol Gen. and has just been appointed as the Commissioner-General of the Royal Thai Police.
For more information, please contact:
Mr. Manu Manurassada, attorney, Lawyers Council of Thailand (LCT), 081-4394938
Mr. Preeda Nakpew, attorney, Cross Cultural Foundation (CrCF), 089-6222474
Remark: Detail of the Supreme Court decision is available in Thai language only, please see below/ attachment