On the lese majeste regime

17 10 2018

Shawn Crispin at Asia Times has a longish piece on lese majeste. He’s making a point about a seeming change to the lese majeste regime that has been noted by several analysts for several weeks, but still has some points worth considering.

He focuses on the controversial dropping of Sulak Sirivaksa’s Article 112 case when he “appealed to monarch [King] … Vajiralongkorn for a royal reprieve.”

Sulak “claims the case was stopped after King Vajiralongkorn advised Prime Minister Prayut Chan-ocha on the situation.”

Readers should note that this claim runs contrary to the palace’s long-held propaganda claim that the monarchy does not interfere in lese majeste cases. (There were several instances where the previous king and his palace did intervene, but the propaganda has been otherwise.)

Sulak is quoted as stating: “If the case went to the military tribunal, they were bound to put me in jail without any law, because the law doesn’t mean anything to them…”. Sulak is partly correct in this guess, but, then, no lese majeste case has ever stuck for him.

He says The Dictator was uninterested until the king intervened: “… when the King told him to drop the case, obviously it was royal advice that worked.”

Crispin suggests that the huge lese majeste “clampdown has come against the backdrop of what was once seen as an uncertain royal succession…”, ignoring the fact that the rise in the use of lese majeste predates the 2014 coup. PPT sees the use of Article 112 as a part of political efforts to rid Thailand of republicanism and to defeat the red shirts.

How Crispin concludes that the “military top brass [is]… now seemingly poised to relinquish power at democracy-restoring polls early next year…” is beyond our comprehension. However, he is right to see “signs that the fearsome law will be used less frequently, if at all, under the new reign,” although he does not note that the crown prince-cum-king was fearsome himself in the use of lese majeste against persons he saw as personal enemies. This included deaths in custody.

Sulak is then cited on his discussions with the king. He “says King Vajiralongkorn recognized the law’s past abuse for political purposes in a recent personal audience he had with the King where he offered his royally sought advice on myriad issues.”

Presumably Sulak has been given royal permission to say these things; that is, he is the king’s messenger. He does this by adhering to palace propaganda about the dead king: “I told the King his father said that clearly – it’s on record – that anybody that makes the case of lese majeste harms him personally and undermines the monarchy…”.

He then says that in his own case, “you can say publicly the king wrote personally to the Supreme Court and Attorney General, and since then there have been no new cases under [Article] 112.”

Sulak, adding to the new royalist discourse on the new monarchy, says that the recent dropping of 112 charges “are indicative of the new King’s ‘mercy’.” As with all royalist discourse, this involves untruths: “[King Bhumibol] regarded himself as a constitutional monarch, so he would not interfere,” but of course he did.  Sulak says of the previous king: “He used an indirect way, the Siamese way, he talked to the judges, he talked to the public prosecutor, but then many ignored his advice.” Of course, this is nonsense.

Interestingly, Sulak claims: “it is clear now that future cases will only be accepted for investigation and prosecution with the royal household’s consent. That, he says, marks a change from father to son.”

That is good news, perhaps. There remain about 60 cases of lese majeste still under the purview of prosecutors and the judiciary. But is is not such good news to have it confirmed that Vajiralongkorn is a determined interventionist, likely to ignore law, parliament and judiciary. Sulak states: “… the present King, unlike his father, he not only advises, he instructs…”.

As Crispin notes:

King Vajiralongkorn has moved with an alacrity and purpose in consolidating his reign that few diplomatic and other observers anticipated or foresaw upon his acceptance of the throne in late 2016. That’s entailed a recentralization of royal power….

Sulak seems to revel in his new role as royal spokesman. But beware the royalist who speaks for royal power.


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18 10 2018
Army and monarchy entwined | Political Prisoners in Thailand

[…] Despite the royalist mouthpiece’s claims, the “change” on lese majeste remains unclear and is yet to be fully tested. […]

18 10 2018
Army and monarchy entwined | Political Prisoners of Thailand

[…] Despite the royalist mouthpiece’s claims, the “change” on lese majeste remains unclear and is yet to be fully tested. […]