Charnvit on campaign to amend Article 112

Radio Australia has interviewed Charnvit Kasetsiri of Thammasat University. The interview took place just prior to the rally and march to parliament to present the petition of more than 27,000 names calling for lese majeste law reform, organized by the Campaign Committee for Amendment of Article 112.

Charnvit explained that “the lese majeste law in Thailand is a product of undemocratic regimes,” with overly severe punishments and subject to abuse. He added that the law:

is not good for the royal institution itself, it’s not good for the country as a whole, and it’s quite unproductive for democratic process in Thailand.

Charnvit emphasized that the CCAA112 wanted to amend the law but stated that he understood “that some people are unhappy with the law and some people would want to abolish it.” He argued for lessons on the monarchy and democracy drawn from “successful examples in Europe,” not by “following up what’s going on in rather undemocratic Asia or the Middle East.”

Asked why the Yingluck Shinawatra government has been hopeless on this law (PPT’s words), Charnvit was clear:

I am sorry to say that this is kind of nature of the elite in Thailand. They would rather do some kind of compromise for their own benefit up at the top. So a lot of time they do not want to keep their word once they are in power.

He continues, not so clearly, but pointing in an important direction:

ones at the top especially the party in power now, especially the Yingluck government, her supporters, really her brother, Mr Thaksin keep on too much compromising without thinking of the mass in the countryside, the mass down below there might be a split among themselves.

PPT posted on the petition yesterday.

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Don’t get sick in Khon Kaen

Hopefully readers in Khon Kaen avoided getting sick on 28 May. Why? Basically because a royal cavalcade to Khon Kaen University’s Srinakarin Hospital will close the entrance to the hospital and several access roads.

The memorandum reproduced here and sent by a reader, gives details of closures for the royal procession of Princess Srirasmi, the crown prince’s current official wife. The thing that seems to have upset people in Khon Kaen is point 5 in the memo which tells emergency vehicles with serious cases to either hang about and wait for the royal procession to leave or go to some other nearby hospital. That makes the memo’s authors at KKU’s ever so royalist Faculty of Medicine look uncaring by putting royal convenience and security above the lives of people in emergency situations.

Closing roads for royal process is pretty much a normal thing in royalist Thailand. Ambulances and all emergency vehicles are also stationary while the higher-ups catapult past.

This is also seen in other countries for royals and some non-royal leaders. However, in Thailand it is a rather too regular occurrence, and even casual visitors to the country usually come across such a disruptive event. It is heralded by the sudden appearance of police at all intersections, barking at people not to use footbridges, and the sudden deathly silence as all traffic is cleared until the whoosh of the royal cavalcade zooms past in a large herd of expensive, often light yellow, vehicles.

The annoying thing for some is not just that emergency vehicles are stopped, sometimes for a considerable time, but that these processions are for all royal outings, not just official ones. So if the younger princesses want to party at a nightclub, all the roads are closed to facilitate their fun.

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Updated: Surachai sentenced (again)

The Bangkok Post reports the unsurprising news that Red Siam Group leader Surachai Danwattananusorn has been sentenced to yet another jail term for lese majeste.

The Criminal Court sentenced Surachai to 5 years, reduced to 2.5 years on his guilty plea. This was apparently for his fifth lese majeste charge, dating to 15 December 2008.

Surachai (an AP photo)

Surachai testified that he had “submitted a request to withdraw his earlier not guilty plea. He admitted he is the same person charged in four other lese majeste cases.” He said he “wanted the court to quickly hand down a verdict … because he wished to seek a royal pardon.” In other words, his guilty plea is little more than a part of a strategy.

This jail term “will be added to the jail sentences earlier handed down on him in four other lese majeste cases.”

We make that a total of 10 12.5 years in jail [PPT: our addition of all of his sentences was incorrect, and 12 years and 6 months is the correct total. Of course, the real sentence was a staggering 25 years!]. Surachai is shortly to undergo a prostrate operation.

Essentially, the courts are locking up a 72 year old and sick man for 10 12.5 years in the name of protecting the monarchy.

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US and UK governments and lese majeste

It has long been known that the Government of the United States couldn’t care less about lese majeste in Thailand. Not even when one of their own – Joe Gordon – is incarcerated for totally legal actions in the Unites States does the government get off its lazy, politicized and collective posterior and do or say anything principled.

PPT has posted on the recently published but hopelessly, probably deliberately, deceitful U.S. “human rights” report for Thailand in 2011. If it wasn’t deliberately deceitful, then we imagine that everyone on the Thailand desk at the Department of State and in the Embassy in Bangkok has been lobotomized to the extent that they are deaf, dumb and blind on lese majeste and other political prisoners in Thailand.

A reader points out a useful story at IPS News reflecting on the hopelessly unprincipled and contradictory approach to human rights by the U.S. The rport coincides with the release of the annual human rights reports.

The report quotes the head of Amnesty International’s Washington office who criticizes the U.S. for “selectively champion[ing] freedom and human rights when convenient…”. PPT entirely agrees.

Of course, we also wonder what AI does about its own selectivity on lese majeste in Thailand. What they criticize for the U.S. government has long been characteristic of AI Thailand’s selectivity and Benjamin Zawacki’s unprincipled position on lese majeste.

As the IPS story makes plain, the State Department has explained its unprincipled actions in terms of President Barack Obama’s “theory” of “principled engagement”, where human rights are contingent, limited and inconsistently prioritized.

All of that says quite a lot about lese majeste and political prisoners in Thailand. They are ignored because other interests – economic, military, ideological – hold sway.

But what about the Government of the U.K.? Readers may recall that a week or so ago, we briefly mentioned questions posed regarding lese majeste and political prisoners by the Shadow Minister for Foreign Affairs, Kerry McCarthy Labour MP. The responses are instructive. Here they are:

Q. 1: To ask the Secretary of State for Foreign and Commonwealth Affairs what representations he has made to the Government of Thailand on the imprisonment and death of Ampon Tangnoppakul.

A. 1, by Jeremy Browne (Minister of State for South East Asia/Far East, Caribbean, Central/South America, Australasia and Pacific, Foreign and Commonwealth Office; Taunton Deane, Liberal Democrat):  In November 2011, following the sentencing of Ampon Tangnoppakul, the UK issued a statement jointly with our European Union partners to express concern about the court decision to convict and imprison Ampon for 20 years. The statement reiterated the importance attached by the EU to the rule of law, democracy and respect for human rights. The EU also urged the Thai authorities to ensure that the rule of law was applied in a non-discriminatory and proportional manner consistent with upholding basic human rights, including freedom of expression.

PPT: This is essentially a non-response, and completely ignores the question related to Ampol’s death in custody. As weak as this is, at least “concern” has been expressed.

Q. 2: … what recent assessment his Department has made of access to health care for prisoners in Thailand.

A. 2: Conditions in Thai prisons are generally poor. Prisons are old and often have run down infrastructure. However, basic medical treatment is available in all prisons in Thailand and prisoners may be transferred to a local hospital for more complex medical treatment.

As part of our consular responsibilities, embassy staff in Thailand visit British detainees every eight weeks. These visits are carried out by trained consular staff, who check the welfare of detainees. Any issues of concern can be then brought to the attention of the prison authorities, including any medical or dental problems a detainee might have.

PPT: This is essentially a non-response. At least conditions are described as “poor,” but then any visitor to a prison recognizes this within seconds, so not great insight. There seems no idea of how many prisoners die while incarcerated or of the actual availability of medical care to prisoners. The rampant corruption of prisons is not mentioned. Lese majeste detainee Darunee Charnchoensilpakul has been waiting some 4 years for proper dental treatment. Ampol died while in a prison “hospital.”

Q. 3: … what assessment his Department has made of the treatment of people (a) arrested and (b) convicted under lèse majesté laws in Thailand.

A. 3: The UK attaches great importance to human rights, democracy and the rule of law. Freedom of expression is a fundamental right of every human being. We are closely following the development of freedom of expression in Thailand and are concerned by the significant increase of lese-majeste cases in the country and the application of the laws and length of sentences in recent cases.

With our European Union partners, the UK expressed concern last year at the conviction and imprisonment for 20 years of Ampon Tangnoppakul for violating the lese-majeste laws.

Our embassy in Bangkok continues to monitor the ongoing trials of high profile lese-majeste and freedom of expression on the internet cases. We have urged the Thai Government to ensure that the rule of law is applied in a non-discriminatory and proportionate manner consistent with upholding basic human rights, and will continue to take appropriate opportunities to do so.

During my visit to Thailand in 2010, I raised the issue of conditions for detainees in Thailand, referring specifically to the importance of access to exercise, proper food and medical facilities.

PPT: This is more like a real answer. Yes, the trite human rights response is repeated, but Browne indicates that there is concern for the development of freedom of expression in Thailand, about the large increase of lese majeste cases and the length of sentences. That the Embassy monitors trials is presumably useful. His representations on the conditions of detainees apparently had no impact at all.

Q. 4: … what assessment his [Browne's] Department has made of the compliance of lèse majesté laws in Thailand with Article 19 of the Universal Declaration of Human Rights; and what representations he has made to the government of Thailand on freedom of expression and the lèse majesté laws.

A. 4: We understand the particular reverence the people of Thailand have for the monarchy. The Government attaches importance to the respect of fundamental human rights in line with the universal declaration of human rights. Specifically on article 19 which covers freedom of opinion and expression, the UK thinks that it should be possible to discuss constitutional reform without fear of coming under the purvue of laws that were designed for non political purposes. In October 2011 at the UN Human Rights Council in Geneva, the human rights situation in Thailand was reviewed as part of the Universal Periodic Review process. The UK played an active role, including raising our concerns about freedom of expression and specifically recommending that the Thai Government seek to review its lese-majeste laws. The report of this session can be found online at the following link: www.upr-info.org/IMG/pdf/a_hrc_wg.6_12_l.6_thailand.pdf

Our ambassador in Bangkok has raised the issue of freedom of expression with the Thai authorities. I also raised the issue when I visited Thailand in September 2011. We will continue to take appropriate opportunities to do so.

PPT: A reasonable answer suggestive of the U.K. Government being concerned about the suppression of discussion of constitutional matters, including the position and role of the monarchy.

While the answers do sound like the usual parliamentary careful responses, if they are compared with the pathetic U.S. human rights report “there are no political prisoners” nonsense, then the U.K. response is downright explosive.

PPT can’t help thinking that readers can bring pressure on their local and national politicians to ask more questions of Thailand’s government and embassies about these issues. We have some links that readers might find useful here.

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Nitirat and the lese majeste petition to parliament

It is interesting that the Nitirat group has been able to collect more than 27,000 signatures to allow it to petition parliament “to sponsor a bill to prevent abuse of the lese majeste law.” This is almost double the number of signatures required.

The Campaign Committee for Amendment of Article 112 recently held a rally at Thammasat University to provide details. Originally, 38,281 people signed the petition, but the committee found 27,296 were eligible to sign.

The committee is scheduled to present the petition to parliament on Tuesday.

The report states that:

Thammasat auditorium was filled with red-shirt supporters who back the Article 112 amendment. The demonstrators said they would band together until Article 112 is either annulled or rewritten to stop it from being manipulated as a political tool.

The Campaign Committee said that the lese majeste law was widely abused by “pro-coup politicians and activists used the law to gag their critics.”

Both of the main royalist parliamentary parties, the misnamed Democrat Party and the Puea Thai Party, have both stated that they will ignore the petition. As PPT understands it, their intention to not act on the petition is quite possibly unconstitutional, although we doubt the royalist Constitutional Court would rule in line with the provisions of the constitution on lese majeste.

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Ultra-royalists in Phuket

A short time ago PPT posted (here and here) on some of the disputes in the south regarding red shirt activities and the reaction to them. In Phuket, ultra-royalists were mobilized against the red shirts. The Phuket News helpfully profiles the leader of the ultra-royalists/People’s Alliance for Democracy there.

The leader is said to be Saroj Dulyakon, “rarely seen without his bandanna, sunglasses and denim jacket, complete with three flags attached to the back; the flag of the King, the flag of the Queen and the flag of Thailand.” As the photo shows, this is not flags sown to a jacket; this guy seemingly wanders about with mini-flags flying from mini-flagpoles attached to his back.

A Phuket News photo

Saroj is a self-proclaimed yellow shirt leader who, on 13 May, mobilized his lot to oppose red shirts who wanted to declare a red village in Phuket.

He managed to round-up less than a hundred supporters – he said he was surprised so few showed up – and occupied the area.

The red shirts apparently withdrew quickly. Interestingly, the red shirts seemed to be acting without leadership.

Saroj is sure the red shirts in Phuket will try again, and Saroj says his group is ready, promising to “discipline” them.

Like so many ultra-royalists, Saroj is unable to comprehend different political positions. He talks of “disrespectful behaviour” and asks: “How can they behave like this when HM the King is sick?”, declaring that the king “is my father.”

Naturally, Saroj claims red villages are a challenge to the monarchy, with Thaksin Shinawatra replacing the king as a revered figure: “All they see is red, red, red. Only one colour. [But] we have only one flag – which has three colours [red, white and blue], not just one.”

Saroj evidences considerable insecurity and hostility regarding differing political views, repeatedly resorting to paternalistic and patriarchal themes while supporting the Army’s murderous crackdown on red shirts: “They had to shoot. How could they not? They had to stop them … They had to stop it.”

Saroj may be a local tough, but his views are little different from those circulated in ultra-royalist networks, media and especially social media, where intolerance runs rampant.

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Royalism and the slippery slope

PPT has written plenty about Prime Minister Yingluck Shinawatra’s remarkable displays of royalist fervor and attempts to curry favor with the royalist elite. We think it has been both shocking and demeaning, not least the grubby exercise of buying land to quickly throw it at the king.

We wonder how much thought she gives to the red shirts who remain political prisoners and the unknown number of lese majeste victims rotting in horrid jails.

But she is outdone by streets by the Democrat Party’s loudmouth royalist spokesman Chavanond Intarakomalyasut. He declared that royal trip to the countryside “a rare occasion and a picture of delight for all loyal subjects.” He got all gushy, saying that:

Seeing the King with a cheerful face and in good health was a major encouragement to all Thais … urging people to be grateful to the monarch. He said the Cabinet, given an audience during the trip, should express their loyalty and take this as the start of unity for the country.

Chavanond being a spokesman (a Bangkok Post photo)

These are mixed and ambiguous messages. Perhaps, in his royalist world, there is not even any need to dictate why “all Thais” should be grateful or encouraged. He is clearer in his demand that the current government be even more royalist and, hence, undemocratic, just like the misnamed Democrat Party:

Chavanond also urged Prime Minister Yingluck Shinawatra’s government to show sincerity by expressing a clear stance towards lese majeste moves and websites, plus politicians who criticise Article 112 of the Criminal Code about lese majeste offences, as well as cable TV and local radio people making comments that border on lese majeste….

He said the government should be the major party to protect and raise the monarchy above politics and that PM Yingluck should act seriously against lese majeste offenders.

It seems that “bordering” on lese majeste is reason enough to censor and jail for the so-called Democrat Party.

Perhaps Chavanond has been encouraged by the royalist statements of the Puea Thai government? Perhaps the Democrat Party just wants state-funded and censored media that does nothing but play royal propaganda all day? Whatever the case, the Democrat Party continues to define itself as royalist and undemocratic, favoring censorship, repression and jails full of political prisoners.

Yingluck claimed that “she and all Thais were overjoyed to be granted an audience with Their Majesties the King and Queen, as well as the Princess on Friday.” We assume that’s an error as not “all Thais” were overjoyed or granted an audience. She did add something like “all people” needing to maintain the “delightful atmosphere because we would walk forwards [sic] together…”.

When political leaders claim to speak for “all Thais,” we’d be suspicious. So far the Yingluck government hasn’t been as repressive as the Abhisit Vejjajiva regime, but the easy slide into royalism is a slippery slope to authoritarianism. As far as we can tell, overtly royalist regimes have been the most repressive and authoritarian.

Can Yingluck talk royalism and still avoid the downward slide?

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Sombat: the Dubai tycoon has left us

PPT has had a busy time of late as we try to keep up with interesting news stories. Hence we are late getting to this one at The Nation.

One of the most significant, independent, innovative and brave red shirt activists is Sombat Boonngamanong. He has been responsible for some of the most significant revivals of the movement at its darkest times.

We think this story deserves attention as he tells comrades that ex-PM Thaksin Shinawatra has an “egotistic attitude” and is just a “station on way towards democracy.” He added that “Thaksin was not the destination” of the red shirt journey and struggle, declaring that “[t]he Dubai tycoon has left us and we have to live with it…”.

Sombat deserves serious attention. Many will disagree with him and continue to support Thaksin, Yingluck Shinawatra and the Puea Thai Party simply because the political alternatives are unacceptable.

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More on Pravit and lese majeste

As PPT briefly noted a few days ago, a serial lese majeste accuser has laid a complaint that journalist Pravit Rojanaphruk under Article 112.

PPT won’t repeat it, but we want to urge all readers to go to Asian Correspondent and read the excellent article by Lisa Gardiner on Pravit and his responses to the outlandish accusation.

Of course, and accusation has to be investigated by police. Ultra-royalists have long hated Pravit for his critical commentaries on the political use of the monarchy, and this accusation appears as “payback” and to have Pravit harrassed, attacked and investigated.

PPT wonders if Pravit’s employer, The Nation will have the guts to speak on Pravit’s behalf? We haven’t seen anything yet, so if readers see anything, email PPT.

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Tharit on anti-monarchy plot

Most readers will be interested in a radio interview with political police/Department of Special Investigation boss Tharit Pengdit reproduced at the Bangkok Post.

An earlier postat PPT noted that Democrat Party MP, former deputy premier and formerly in charge of seeking out opponents to have them locked up as political prisoners, Suthep Thaugsuban, had accused Tharit of political opportunism in dropping lese majeste cases.

Suthep and Tharit working together

More significantly, though, Suthep claimed that the DSI decision to drop the cases “affected the honour of the royal institution.” That’s almost an accusation of lese majeste! In the interview at the Post, Tharit responds on the (never credible) “overthrow the monarchy chart.”

The DSI director-general’s basic claim was that the anti-monarchy plot diagram was ditched “because the people who drew up the chart could not be identified.” He adds that the investigation is suspended, not dropped.

Tharit states it was Suthep who “proposed that the chart be looked at and treated as a special case.” As a result, says Tharit,

Many security agencies worked together on investigating the names on that chart. We felt disturbed that a movement could be plotting the overthrow of the monarchy.

The chart provides the names of 39 juristic persons and individuals. Seven prosecutors and more than 20 DSI officials jointly worked on the case.

Apparently, as well as having propaganda value for the royalist Abhisit Vejjajiva regime at the time, all the probe found was “two names were at risk of having committed lese majeste.” It is understood that the lese majeste charges against Somyos Prueksakasemsuk came from this anonymous and discredited “plot” chart.

Tharit reckons that there are “wrongdoers among the 39″ individuals and groups mentioned in the bogus chart. Nothing like keeping your political options open with false and anonymous information and politicized investigations, all surrounded by ideas about royal aura.

The slippery Tharit then returns to the chart’s provenance. He states that “as the probe deepened, no party or individual admitted to having drawn up the chart.” Not the police and not the military. PPT sees the military’s hand in the plot to allege a plot, but Tharit says that the military declined to accept responsibility. He repeats that “Suthep provided a broad picture about the significance of the chart but could not say who made it.”

He is then asked about  then Centre for the Resolution of Emergency Situations spokesman Colonel Sansern Kaewkamnerd, and Tharit states that “Sansern brought the chart to a press conference. He said the chart originated from a security agency but did not specify where it came from.” Sansern apparently added that “he has no idea because he received the chart from someone else.”

Tharit adds:

We haven’t been able to establish the source of the chart. It’s important to have witnesses before we can get to the bottom of anything. In criminal investigations, we need to prove a case beyond all doubt and this requires accounts from witnesses.

In other words, the whole episode of the bogus anti-monarchy plot diagram is an example of how the state operated under Abhisit’s government: no witnesses, an anonymous allegation, and information that was uncheckable. Even so, it was willingly and unscrupulously used to harass, discredit and silence opponents. Even now, Suthep wants investigations to continue!

PPT still thinks that the military manufactured the plot, probably in cahoots with Suthep. If we are wrong, then the finger could easily be pointed at higher authorities. After all, if the military, police and politicians disclaim authorship and refuse to name authors, then the assumption is likely to be pointed towards the palace’s offices and supporters.

It is worth concluding this post with some further comments by Tharit. When asked if the bogus plot chart was used to “discredit opponents,” he responds: “I decline to comment and I don’t confirm it. I don’t wish to pour petrol on the fire and widen the rift.” That seems like a “yes.”

On his support for the Abhisit regime’s bloody actions, Tharit states:

During the political violence of 2010, I agreed with the steps the Abhisit Vejjajiva government had taken to end the unrest. I was also a member of the Centre for the Resolution of the Emergency Situation (CRES) which worked to stop the bloodshed.

That’s an interesting perspective. CRES seems to PPT to have been intent on conflict and it was CRES orders that caused the first violence in April 2010. Remarkably, Tharit adds that:

I’m proud to have delivered on policies under Mr Abhisit and Mr Suthep. I think both of them made timely and fitting decisions to quell the emerging unrest. If they hadn’t done what they did, the scale of damage would be unimaginable.

We wonder about a person who is proud of almost 100 deaths and 2500 injuries. At least he is aware that “[i]n 2010, … the government … preferred decisive enforcement of the law to contain the situation at hand.” In other words, Abhisit and Suthep chose violence.

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