Bangkok: Cyber police have submitted a comprehensive case file to the Attorney General, seeking prosecution over the controversial "Hun Sen audio clip" under Section 116 and the Computer Crime Act. The Attorney General's office has acknowledged the need for a meticulous approach, given the potential impact on international relations. Historically, there has never been a prosecution order against a foreign country's leader.
According to Thai News Agency, Pol. Maj. Gen. Sirawat Deepo, Commander of the Technology Crime Investigation Division 1, has handed over approximately 50 pages of documents related to the Hun Sen audio clip case. The submission includes evidence collected after Mr. Somkid Chuekong, Deputy Secretary-General to the Prime Minister for Political Affairs, filed a complaint with the Technology Crime Suppression Division 1. The complaint targets the Facebook account "Samdech Hun Sen of Cambodia," which allegedly released an audio clip of a conversation involving Ms. Paethongtarn Shinawatra, Thailand's Prime Minister and Minister of Culture, and Hun Sen, President of the Senate of Cambodia.
Pol Maj Gen Sirawat explained that the investigation determined that the Facebook page had multiple administrators operating from Cambodia and committing offenses in Thailand. The evidence suggests that the actions violated Section 116 of the Criminal Code and the Computer Crime Act. Consequently, the case is considered extraterritorial, and the Attorney General has been asked to review and potentially charge the Facebook page's administrators with the aforementioned offenses.
The question of whether Hun Sen himself will face charges remains undisclosed within the case file. A separate audio clip, alleging that Hun Sen ordered the killing of an opposition politician, is under investigation by the Royal Thai Police and is treated as a distinct matter.
Mr. Sakkasem Nitrayok, Inspector-General of the Attorney General and spokesperson for the Office of the Attorney General, stated that the Attorney General would assess whether the case qualifies as extraterritorial. If so, a prosecutor from the Office of Investigation will be appointed to gather evidence and determine the intent and impact within Thailand. Should sufficient evidence be found, the Attorney General may seek an indictment and coordinate with the Criminal Court and Interpol for further actions.
The spokesperson emphasized the international implications of the case and assured that the prosecution process is guided solely by evidence, without external influence. The decision to involve Ms. Paethongtarn Shinawatra in the investigation will depend on the evidence gathering process. The case, involving a prominent foreign figure, is unprecedented in Thailand's legal history and will proceed based on the sufficiency of evidence to warrant charges. The public prosecutor's investigation will adhere strictly to the justice process, free from governmental or political interference.