Warping “law”

25 12 2017

Reader will have noticed that PPT has had to use inverted commas for rather a lot of words used in Thailand where the meaning is not as it seems, This includes such seemingly important words as election when that “election” is manipulated for a particular outcome and justice where “justice” is actually injustice.

We have also long been critical of various aspects of the “justice” system as being feudal, subject to double standards and political manipulation.

Of course, our longest criticisms have been of the lese majeste law, which has long been (mis)used. Since the 2006 military coup this misuse has become farcical. By this we mean that the use of the law has been as a tool for palace and military regime in ways that have been increasingly absurd, feudal and, in fact and in law, lawless.

One aspect of this lawless use of the lese majeste law has been in the application of the law to figures not covered by the law.

A recent article, “Who is an ‘Heir(-Apparent)?’: An old issue that is still new today” by Metta Wongwat examines how the law has been used to “protect” Princess Sirindhorn. As explained,

the scope of the royal persons protected by the law has a … problematic interpretation, despite the fact that the law clearly specifies only four positions, namely, the King, the Queen, the Heir-Apparent and the Regent.

The article includes some cases not previously known to PPT. The article examines the proceedings of these cases and the decisions made by the courts.

These cases are worth reading for the efforts judges make to consider Sirindhorn and “heir apparent.”

In one case, in 2004, while the prosecutor initially lodged a defamation case, an initial court decision elevated the case to lese majeste with a banal Royal Institute dictionary definition being used and further interpreted. At that time, the higher courts rejected this interpretation and dismissed the lese majeste charge.

In a second case, the court seems to consider any defamation against any royal to constitute lese majeste. While the Royal Household Bureau responded to a court request stating that, in 2010, only then Prince Vajiralongkorn was heir apparent, as the case included other royals covered by the law, lese majeste stuck.

A third case involves a man accused defaming Princess Sirindhorn while in  private conversation with a friend. The case was initially dropped, but following the 2014 coup, the case was tried in 2014. The Provincial Court of Thanyaburi and Appeals Court dismissed the charge because the offense did not constitute lese majeste. The public prosecutor is appealing the case.

The fourth case demonstrates the manipulation of the law that has been definitional of the military junta’s misuse of lese majeste. Four were accused of misusing Sirindhorn’s name for profit. Two of the defendants were pressured to plead guilty to lese majeste and they were promptly jailed.

The other two defendants remain imprisoned challenging the charge. The two who pleaded guilty have been released, being “rewarded” for not challenging the court and the misused charge.

The lawyers for the still detained men have repeatedly run into illegal brick walls. They sought documents and testimony from the case heard in the Thanyaburi Provincial Court. In a surreal decision, the court ruled that the royal letter didn’t appear to exist, despite the lawyers citing the correspondence number of the Royal Household Bureau. The testimony from the investigating officer to the Thanyaburi Court was also ruled out with the court saying it would “not cross the line…”. It is clear that “the line” is real investigation and proper justice.

When the lawyers then found that the Council of State’s website had a “publicly displayed … consultation letter from the Royal Police Department in 1989, that [stated] the Crown Prince is the only heir-apparent,” they asked the court to issue a summons for the document. Surprisingly, the court did seek the document from the Council of State.

The response of the Council of State was to remove the document from its website and made it secret, saying that the “document is classified state information and its release could cause damage.” This Council is one of Thailand’s most important legal institutions. but is prepared to break and bend the law to allow courts to make decisions that flout the law.

The lese majeste law is warped by such manipulation while warping the whole justice system.


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26 12 2017
Justice warped | Political Prisoners in Thailand

[…] What will be the next excuse? This case is one more that displays the warping the justice system. […]

26 12 2017
Justice warped | Political Prisoners of Thailand

[…] What will be the next excuse? This case is one more that displays the warping the justice system. […]




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