Get rid of the horrid monarchy law

2 05 2018

A Nation Editorial deserves attention as a call for reform of the despot’s political law of choice, the lese majeste law. It has been used brazenly to repress.

PPT has posted hundreds of times on the misuse of this law. It has been used in ways that are unconstitutional and unlawful. Persons have been convicted for what they did not say, for what they did not write. Some have been convicted for “crimes” against persons not covered by the law. Mothers and children have been convicted. Disabled and sick persons have received long sentences. Persons have been convicted on forced guilty pleas when they were not guilty. Sentences have been huge and the treatment of prisoners on lese majeste charges has been tortuous and unlawful. It has been used against political opponents and against some who have fallen out of favor in the palace itself.

The editorial states that “Somyot Pruksakasemsuk’s release after years in prison affords a chance to reflect on deeply unfair abuses of the law.” We could not agree more.

It says his “release from prison on Monday … should prompt the authorities to review the draconian lese majeste law, which was designed specifically to protect the monarchy but continues to be misused for political ends.”

Of course, it was “designed specifically” protect the military and politico-business elite. It protects a system and a configuration of power, not the monarchy on its own. The monarchy is the keystone for a repressive power structure that sucks wealth to those associated with the military-monarchy-tycoon elite or, as some say, the amart.

On the particular case, the editorial states that Somyos was jailed as a political opponent. It states that “[i]t was not and is not illegal to be aligned with the red shirt movement supporting former premier Thaksin Shinawatra and his regimes’ policies. And it was unfair for Somyot to have been identified as anti-monarchy without evidence.”

It reminds us that Somyos was arrested and jailed by the Abhisit Vejjajiva regime “as he was circulating a petition calling for Article 112 of the Penal Code – the lese majeste law – to be amended.” Indeed, Somyos was targeted because he opposed the very law that was used against him. The amart have a sense of purpose when opposing those who endanger the power structure.

The editorial states:

Article 112 is quite straightforward. It says anyone who defames insults or threatens the King, Queen, heir-apparent or regent shall be imprisoned for three to 15 years. The authorities’ case against Somyot was that he had published in his magazine two articles by Jit Pollachan, a pseudonym used by an exiled politician. The law was applied beyond its intended scope and meaning. The two articles merely mentioned the roles of the monarchy. There was no inherent insult to the monarchy.

Indeed, a majority of lese majeste cases fall into similar “misuses” of the law. But that’s the point. Lese majeste is designed to be used in these ways to protect the power structure.

It continues:

Thus, cases are often handled as though Thailand was still an absolute monarchy rather than a nation under the modern rule of law. People charged with lese majeste are routinely denied bail and held in pre-trial detention for months. Somyot was denied bail 16 times.

As the editor of a periodical, Somyot should have been protected by the Printing Act and the Constitution’s safeguards covering freedom of expression. But the Constitutional Court ruled in October 2012 that lese majeste breaches represented threats to national security and thus overrode any such protection.

When the editorial concludes by observing that “Somyot’s case should give all citizens pause for thought. Political reform is badly needed, and this unfair practice in particular has to be rolled back,” it makes a point that is very significant. It will scare the regime and those who benefit from this law.


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