Prosecuting lese majeste

PPT missed this a week ago. The Bangkok Post’s report on the Office of the Attorney General (20 September 2009: “Making the case for the prosecution”) has a series of questions on lese majeste.

The interview is with Kayasit Pitsawongprakan, director-general of the OAG’s northern Bangkok Criminal Litigation Department. He is said to have responsibility for more than 100 prosecutors and other personnel. “At any one time he has ultimate responsibility for the proper prosecution of hundreds of cases – some very important and often with political ramifications.” His picture is wonderfully suggestive of the way royalism seeps into the judicial process.

Here is the Q & A:

Bangkok Post photo

Yes, there has been an increase in this type of offence, partly because of the progress in technology, as it is now very easy to post messages on the internet or to send an email.

Do you think that the increase might also be caused by politicians eager to settle a score, using the lese majesty law as their political tool?

I don’t think so. Lese majeste is usually committed on a website, in an email or during a speech.

What is acceptable to you as evidence when someone allegedly makes remarks that constitute lese majeste during a speech?

The evidence is usually a tape recording or CD and will be given to us by the police.

It is believed among the Thai public and foreigners that every lese majeste accusation has to be prosecuted and sent to the court. Is this correct?

This is incorrect. We don’t have to accept every case and we can also reject it if the evidence is not sufficient. This has happened on several occasions.

A lese majeste case will not go automatically to the court. It is not fair that an individual has to go to jail just because they are accused of lese majeste. We have to look at the evidence.

How many lese majeste cases are you handling now?

The police have forwarded to us about 20 cases, all involving Thai nationals.

What about the case involving the whole board of the Foreign Correspondents Club of Thailand (FCCT), who were accused of lese majeste recently?

This case is still under investigation by the police and has not been sent to us yet.

What is going on with the case against former Prime Minister’s Office minister Jakrapob Penkair, who allegedly made a lese majeste remark during a speech at the FCCT in August 2007?

This case is with us but we have not yet forwarded it to the court. He was due to see us on September 4, but his lawyer said that Mr Jakrapop couldn’t make it as he was engaged in an important mission abroad. He should show up by October 7. This is his last chance. If not, a warrant will be issued for his arrest.

Is it your own decision which lese majeste cases should be sent to the court?

Every case, whatever the offence, is considered for prosecution not only by myself but by a committee set up by our department. We will look very carefully at the evidence.

PPT wonders who is on this committee and its relationship with others? While not hugely revealing, the prosecution of lese majeste os so opaque that even these few insights are useful.

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