At 12 noon on Saturday, 30 April 2011, Somyos Pruksakasemsuk was arrested in Aranyaprathet province. He was arrested on charges of violating Article 112, the lese majeste law. He was transported by the police to DSI for questioning.
Somyos was arrested at the border in Aranyaprathet, in the eastern province of Sa Kaeo, as he was trying to cross into Cambodia. There was no indication that Somyos was fleeing the country. He was transported to Bangkok.
The police asked the court to grant a request from the Department Special Investigation to hold him for ten days so that he could not “tamper with the evidence against him.” Given that the evidence related to already published material, widely available, it is unclear how he might have “tampered” with evidence.
Somyos was the editor of the bi-monthly Voice of Taksin (which was banned in 2010 and which was subsequently replaced by Red Power magazine). The former magazine published the allegedly offending material.
Somyos was earlier arrested following the crackdown on red shirts at Rajaprasong and held for three weeks. During the news conference he gave on 21 May 2010, he called for a halt to “any threatening act against all mass media.” At the end of the news conference he turned himself in to the authorities.
He remains in jail, refused bail many times. Late in July 2011 he was formally charged. His charges may be seen in this PDF in ไทย or this unofficial translation in English (Warning: readers should note that this document includes reproductions of the material alleged to be in breach of the lese majeste law. Downloading it and/or distributing it may lead to a similar charge of lese majeste). He was refused bail for an 8th time soon after his charging. Another 9th bail request was also refused after his trial began in November 2011.
During his trial, shackled and caged, Somyos was dragged around the country for court appearances in several provinces where, in one case, no witness even showed up, causing the court appearance to be cancelled. This represents a form of torture.
The last day of the Somyos lese majeste trial was on 4 May 2012. A verdict is not expected until September 2012, and may be delayed until after the Constitutional Court hears a case where his lawyers are challenging the constitutionality of aspects of the lese majeste law and its use.
Following the trial, Somyos “said that he was satisfied with all the hearings of both sides. He thanked everybody who had come to give him moral support, including the witnesses who had testified with facts. He considered that the testimony of several witnesses would also benefit other similar cases. He hopes that everybody will keep on fighting together.”
On 18 May 2012, Somyos had his 10th bail request refused and the Constitutional Court dismissed his appeal on whether the lese majeste law was constitutional under the 2007 military-backed constitution. Prachatai states that “The Constitutional Court said that the complainant had not exhausted the means to exercise his rights in regards to making his complaint, so according to Section 212 of the constitution and the court’s rules, the complaint was dismissed.” That seems an odd way to interpret the legality of the law.
Somyos now faces potentially 30 years in jail.
Somyos’ case has been sent to the United Nations Special Rapporteur on Freedom of Expression and Opinion. That submission is available as a PDF.
Please visit the international solidarity site for Somyos or at this page and for a backgrounder, see here.
Media reports on Somyos’s case:
Prachatai, 21 May 2012: “Somyot denied bail and his petition to the Constitutional Court dismissed“
Prachatai, 5 May 2012: “Verdict for Somyot expected from late Sept onward“
RWB, 4 May 2012: “Call for magazine editor’s release after trial on lèse-majesté charges“
Prachatai, 4 May 2012: “Thammasat lecturers testify in defence of Somyot“
Prachatai, 3 May 2012: “Somyot: Jakrapob Penkair wrote the articles“
Bangkok Post, 29 April 2012: “Exhibition turns spotlight on lese majeste defendant Somyos“
Prachatai, 26 April 2012: “Royalist witness says Nitirat’s proposed amendment of 112 is the way to go“
Prachatai, 23 April 2012: “Somyot’s lawyers will seek Constitution Court’s opinion on lèse majesté law“
Prachatai, 19 April 2012: “Court hearing on Somyot’s case continues“
Prachatai, 5 April 2012: “Somyot vows to fight on“
Prachatai, 6 March 2012: “Surachai will ask PM to seek royal pardon for political prisoners“
Prachatai, 16 February 2012: “The denial of the right to temporary release of Mr. Somyot Pruksakasemsuk and other accused in criminal cases“
Prachatai, 4 February 2012: “Somyot’s son to go on a hunger strike to ‘Free My Dad’“
Bangkok Post, 31 January 2012: “No bail for red on lese majeste rap“
Prachatai, 22 January 2012: “Somyot in court in Nakhon Sawan“
Prachatai, 16 January 2012: “Open letter from Somyot Pruksakasemsuk“
Prachatai, 21 December 2011: “Second hearing of Somyot’s case in Phetchabun“
Prachatai, 22 November 2011: “Somyot’s first trial in Sa Kaew“
Links, 17 September 2011: “Thailand: Free Somyot Prueksakasemsuk!“
Bangkok Post, 20 August 2011: “Red shirt leaders denied bail“
Reporters Without Borders, 11 August 2011: “Detained newspaper editor facing trial on lèse-majesté charges”
AP, 29 July 2011: “Thailand’s lese majeste laws under scrutiny”
Committee to Protect Journalists, 28 July 2011: “Editor faces anti-royal charges in Thailand”
Bangkok Post, 22 July 2011: “Free Somyot rally outside prison”
Prachatai, 15 July 2011: “Korean activists urge release of Somyot”
Prachatai, 29 June 2011: “Free Somyos activities”
Asian Human Rights Commission, 3 June 2011: “THAILAND: Criminalization of free speech ahead of election”
Reporters Without Borders, 2 May 2011: “Lèse-majesté charge used to crackdown on opposition media”
ประชาไท, 30 April 2011: “รวบ “สมยศ พฤกษาเกษมสุข” ที่ด่านอรัญ แจ้งข้อหา112 เตรียมส่ง “ดีเอสไอ”"
Bangkok Post, 30 April 2011: “DSI arrests key red-shirt member”
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