Name: Phonchai Wimonsuphawong (Age 41)
Occupation: Self-employed
Case: Lèse Majesté (Article 112) from Posting to Facebook
Date of Imprisonment: 4 April 2024
Location of Imprisonment: Chiang Mai Provincial Prison

Phonchai Wimonsuphawong is an ethnically Karen person from Mae Hong Son Province. He traveled to live and search for a future in Bangkok more than 20 years ago. He began as a homeless person at Hualamphong Railway Station before supporting himself as a guard at various locations. Once he established himself, he sold mobile telephones and sim cards in Pak Klong Talad area until he was arrested.

On 13 March 2023, the Chiang Mai Provincial Court sentenced Phonchai to imprisonment of 4 years per count on 4 counts of violation of Article 112 and Article 116 of the Criminal Code and Article 14 of the Computer Crimes Act.He was initially sentenced to 16 years, but this was reduced by 1 in 3 to 12 years as he was of benefit during the trial. He was prosecuted for making 4 posts to Facebook between 18 October to 19 November 2020. The posts had content alleging that the king was not neutral but was involved in politics and inviting people to join the protests during this period.

In relation to the above case,Phonchai was arrested by a group of 10 plainclothes policeman near his apartment in the Rattathibet area of Nonthaburi on an arrest warrant from the Chiang Mai Provincial Prison dated 10 March 2021. He was held for 44 days until 23 April 2021 in the Chiang Mai Provincial Prison before being granted bail. 

Phonchai is being prosecuted in a total of 7 political cases. 3 cases are final, 2 cases are at the stage of police investigation, and 2 are Article 112 cases. In the other Article 112 case, Phonchai was indicted in the Narathiwat Provincial Court, which is very far from his home. This case reflects the hardship caused by the opening in the law that allows anyone to claim that they are an injured party and to bring a case anywhere in the country. 

In the Article 112 case in Narathiwat, Phonchai was sentenced to 2 years imprisonment without any suspension of punishment. He was prosecuted under Article 112 of the Criminal Code and Article 14 (3) of the Computer Crimes Act in relation to a complaint made at the Bannang Sata Police Station thathe made 1 video post and an additional 2 text posts to Facebook. The Court convicted him for the video post and he was sentenced to 3 years imprisonment; the punishment was reduced by 1 in 3 as he was of benefit furing the trial and the punihsment became 2 years. The sentence was not suspended but he was granted bail while the case is under appeal.