The Narathiwat Provincial Court has acquitted a human rights defender in a case filed by the Royal Thai Navy in Narathiwat province over her Facebook post demanding a military camp pay its outstanding water bill to a mosque. The case stemmed from a mistaken location mentioned in her post, which she later promptly corrected.

Human rights defender Anchana Heemmina, president of the Duayjai Association for Humanitarian Affairs, faced a charge under the Computer Crimes Act following a complaint filed by the Royal Thai Navy in Narathiwat’s Bacho District on 14 October 2024. The case arose after she mistakenly named a location in Narathiwat instead of the correct one in Pattani.

The Royal Thai Navy accused her of importing false information into the computer system with the intention of deception and distortion.

The Narathiwat Provincial Court ruled that although Anchana’s post initially contained an error about the mosque’s location, she corrected the information on the same day, indicating no fraudulent or deceptive intent.

An investigation also confirmed that the military camp indeed owed 2,000 baht in unpaid water bills.

The Court stated that Anchana is a recognized human rights defender and a member of a committee on peace appointed by the House of Representatives. Her action merely reflected a problem that should be addressed. Her post aimed to highlight a problem that required attention rather than to cause harm.

Following the verdict, civil society networks issued a statement urging the public prosecutor and relevant state agencies to refrain from appealing the case against Anchana, and to uphold the principles of human rights. They also called for the case to be closed to prevent any further legal burden on Anchana, a citizen and peace advocate.

The statement noted that appealing the case would not serve the public interest but would further burden a human rights worker and erode public trust in Thailand's judicial process.

Anchana stated that the charge was filed a day earlier than she actually posted on Facebook, arguing that this flawed evidence, gathered by the police and prosecutor, unnecessarily dragged her through the judicial system for a year. She remarked that a proper initial examination would have shown that the case did not warrant prosecution.

The human rights defender also observed that the lawsuit distorted the core issue, arising from the state agency’s operations in the area. Instead of addressing the underlying issue, the authorities chose to press charges against an activist.

She asserted that such a lawsuit must end, as it goes against the spirit of the law.

Preeda Nakpiw, Anchana’s lawyer, stated that Anchana’s immediate correction of the mistake demonstrated her good faith, not an intention to deceive. In addition, given that Anchana is a human rights defender who is actively working in the area and close to local people, her post resulted in a prompt resolution to the issue. The outstanding debt, unpaid since 2022, has since been fully settled.

Following the verdict, the Duayjai Association for Humanitarian Affairs issued a statement concerning the end of SLAAPs (Strategic Lawsuits Against Public Participation) used against activists, human rights defenders, and media in the Deep South.

According to the statement, at least eight such cases accused 27 individuals, with two cases dismissed by the Court of First Instance.

The statement outlined four key demands:

1. End all prosecutions and the use of SLAPPs against those exercising their right to express opinions or performing duties related to journalism and human rights.
2. Protect peaceful assembly according to the Thai Constitution and international human rights standards
3. Create a safe and supportive environment for human rights work, news reporting, and public participation, in order to foster understanding, trust, and sustainable peace.
4. Promote cooperation between the state, civil society, and the media to establish an open and safe public space, serving as the foundation for social development and peace.