Precarious political prisoners

7 01 2022

We have repeatedly referred to the mistreatment of political prisoners as lese majeste torture. It continues unabated.

The most recent report is that “pro-democracy activist, Arnon Nampa, 37, is currently ill with a high fever in Bangkok Remand Prison…”.

His legal team from Thai Lawyers For Human Rights (TLHR) “are urgently seeking medical attention for him as they are concerned that his condition could continue to worsen.” Fellow political prisoner Jatuphat Boonpattaraksa confirmed that Arnon is struggling with a high fever. They do not know what his illness is.

Clipped from Prachatai

His lawyers demand that the “Bangkok Remand Prison … allow medical workers to check on his illness and to find out if he has Covid or not…”. They add that “Arnon was a healthy person before his first entering prison in 2021. But now he has difficulty breathing and is easily vulnerable to fatigue due to a previous lung infection brought on from Covid.”

Prison authorities are notoriously corrupt and hopeless and several lese majeste prisoners have suffered health issues in hospital – and, several years ago, one died – and with palace and regime spitting venom at these political prisoners, their health situation is always tenuous. And that seems to be what the callous, royalist regime wants.





Criticism, monarchy, and lese majeste torture

29 12 2021

Jatuphat in jail on an earlier 112 charge

Khaosod reports that monarchy-reform protesters Arnon Nampa, Parit Chiwarak, Jatuphat Boonpattararaksa and Panupong Jadnok “will no longer apply for bail after repeated refusals to grant them bail while they face multiple lese majeste charges.”

Their attorney, Krisadang Nutcharus said that it is “now be up to the criminal court to consider whether to let the four be released so they could have a fair chance to fight the cases or not.”

Krisadang explained: “The court has the power to end the temporary detention. I will continue to assist [the defendants] but they think the court no longer wants to let them out on bail…”.

The four state that the repeated bail denials means that they are unable to “prepare themselves to fight a fair trial and goes against the international obligations Thailand has to the international community.”

The report quotes former lese majeste political prisoner, Akechai Hongkangwarn. He believes the four now know that:

Penguin during an earlier period in jail. Clipped from Prachatai

they won’t be released before the verdicts are handed [down]. They have requested for bail many times and the repeated denials left them with bitterness. They will probably spend next year in prison if not longer. I understand them and those outside the prison must carry on. If they don’t come out onto the streets, the chance of the four being forgotten would increase…”.

That’s exactly what the regime, palace – with the spendthrift and erratic king back in Thailand – and courts wants: to silence them and to keep them locked up so that the protests lose momentum and leadership. It is also the well-used tactic of keeping those accused of lese majeste locked up until they plead guilty, thus avoiding a proper trial. Several former political prisoners suffered under this neo-feudal system for several years.

Clipped from The Nation

Meanwhile, Thai PBS has a year-ender on criticism of the monarchy and calls for change. It gets some things wrong. For example, it claims: “Before the birth of the youth-led protest movement in 2020, criticism of the monarchy and calls for changes to the institution [monarchy] were only limited to academia.” Only the historically dimwitted could make such a claim. It demeans earlier criticism of the monarchy. Think of some of the red shirts and the students of 1973-76 as two examples. At the same time, it should be noted that academics calling criticizing the monarchy were thin on the ground.

In many ways, as they acknowledge themselves, the current reformers draw on a legacy going back to 1932. And, it is true that this round of questioning the monarchy has meant that the monarchy has been “widely discussed in Thai society.” That’s a real achievement but has come at great cost to the reformers as the lese majeste and other repressive laws have been used and police have attacked and arrested demonstrators (and others).

As the Thai PBS article observes, the judiciary has become crucial in opposing the reformers. Not only does it lock them up, but the “Constitutional Court verdict last month seemed designed to silence the discussion [about the monarchy and reform].”

In a ludicrous verdict, the court ruled that speeches on monarchy reform “amounted to attempts to overthrow the country’s democratic system with the King as head of state.” But the threat of lese majeste charges against those reporting accurately about monarchy and reform has silenced critical voices and made the media compliant. So much so that the mainstream media barely even reports on lese majeste cases.





Another year of repression

27 12 2021

Even with the virus, most people have been celebrating the holidays. But, as Prachatai reports, nothing of the sort is possible for those jailed without bail on lese majeste charges.

Parit Chiwarak, Arnon Nampa, Panupong Jadnok and Jatuphat Boonpattararaksa have again denied bail in an act of lese majeste torture. The four have already spent some 3-4 months in jail pending trial.

Of course, in line with lese majeste torture protocols, the courts are in no hurry to get these political prisoners into a trial.

Clipped from VOA News – a Reuters photo

A bail request was submitted to the Ratchadapisek Criminal Court on 17 December.  As expected from the royalist courts, on 24 December the court “ruled to leave its former order unchanged out of concern that the four, if released, would commit the same offences again.”

The court rejected an undertaking by the “four detainees [who] affirmed that, if released, they would abide by previous Court conditions to not engage in any activities damaging to the monarchy, take part in protests causing public disorder, flee the country, or violate Court-mandated travel restrictions.”

The regime and, we assume, the absent monarch, prefer to keep these young people locked up. They fear the anti-monarchism that has grown and that is (temporarily) repressed.

From Prachatai’s Facebook page

Protesters had gathered at the Court to support the political prisoners. After bail was refused, the protesters “burned a judge uniform and the Criminal Code textbook and sprayed paint all over the Court entrance area.” Meanwhile, “Thatchapong Kaedam, another prominent figure in the protest movement, said that next year, the people will continue to call for change and the intensity of the demonstrations will escalate.”

This is now the normal court contribution to political repression: at least another 16 people “are being detained pending trial or police investigation of their participation in political protests and confrontations with the police over the past year.”

Over the longer period from July 2020 to October 2021, according to the Thai Enquirer, 1,636 people in 896 cases have faced lawsuits for their political participation and expression, including 258 minors.

Of that, 1,337 are being prosecuted for alleged violations of the emergency decree which came into effect in March 2020, 107 are being prosecuted for the alleged violations of the Public Assembly Act, 97 for alleged violations of the Computer Crime Act, 112 for sedition and 154 for lese-majeste.

In addition to the politicized judiciary, the royalist regime has also used violence to repress anti-monarchism. According to a report by the Thai Enquirer, in 2021, more than “500 people were injured from protest-related violence in 2021…”. Dozens of them were children, with one 15 year-old was killed.

Of the total, 347 civilians, including 88 minors were injured. Reflecting the regime’s attempts to also suppress the media, 29 journalists were injured, including several who were targeted with rubber bullets. In addition, three medical volunteers and two bystanders were injured. Many more injuries went unreported.146 police officers  and one soldier were injured.

The police have become especially aggressive, having replaced the military as the frontline troops in repressing protest. Emphasizing this, as Prachatai reports, another “20 protesters and activists have been charged with violation of the Emergency Decree for participating in the 28 November 2021 rally at the Ratchaprasong intersection to call for marriage equality.” They are also charged with obstructing traffic.

LGBTQ protesters are now seen as threatening and in need of repression. Of course, pro-monarchy and pro-regime groups face no such police action,

The activists of the Rainbow Coalition for Marriage Equality say “that the rally was an exercise of their legal rights and freedoms, and that the charges against them amount to a strategic lawsuit against public participation, or SLAPP.”

They add that they are “willing to fight the charges to show that they are free to think and are protected by the civil rights enshrined in the Constitution. They are also considering filing complaints against the officers who file charges against them.”

For a perspective on Thailand’s authoritarianism, see this article.





Precious courts I

21 12 2021

Prachatai has a report on the judiciary that is worth considering.

Joseph (not his real name) protested the denial of bail for detained activists – some of them held for more than 4 months now. He cut his arm in front of the judge on 11 October 2021 to protest the denial of bail for activists Arnon Nampa and Benja Apan. They are held on lese majeste and other charges.

Now Joseph “has been sentenced to 2 months in prison on a contempt of court charge…”.

Thai Lawyers for Human Rights (TLHR) report that Joseph was sentenced by the South Bangkok Criminal Court on 17 December. Because he “confessed and said to the court that his action was symbolic and that he has no intention of hurting anyone, the court reduced his sentence to 1 month in prison and a 250-baht fine. His sentence is also suspended for 6 months.”

Clipped from Prachatai

TLHR calculates “that 26 people have been charged with contempt of court in 16 cases since July 2020. Of these cases, 14 resulted from protests demanding the right to bail for detained activists.”

Joseph is also reportedly:

one of the 13 protesters facing royal defamation and sedition charges under Section 112 [lese majeste] and 116 [sedition] of the Thai Criminal Code, as well as using a sound amplifier without permission under the Controlling Public Advertisement by Sound Amplifier Act for either reading a statement or giving speeches during the protest in front of the German Embassy in Bangkok on 26 October 2020, in which they submitted a petition calling for the German authorities to investigate King Vajiralongkorn’s use of power during his time in Germany. Joseph is facing charges for reading out a statement in English.





Anti-112 rally

13 12 2021

Protesters from a range of groups rallied in Bangkok on Sunday at the Ratchaprasong intersection to oppose the use of the lese majeste law. Groups mentioned include Talu Gas, Talu Fah, the United Front for Thammasat and Demonstration, the Feminist Liberation Front of Thailand, We Volunteer and the 24 June Democracy Group.

While the crowd was larger than the authorities expected, the reporting in the mainstream media is sparse. Self-censorship and regime pressure appears to be stifling reporting.

Clipped from The Nation

While Thai PBS and The Nation have shirt reports, the most extensive report we saw is at Thai Newsroom.

Speakers included political activist and former lese majeste detainee Somyos Prueksakasemsuk, leader of the United Front of Thammasat and Demonstration Natchanon Pairoj and Natpakorn Nammuang from the Internet Law Reform Dialogue or iLaw.

In his speech, as well as criticizing the Constitutional Court’s outlawing of reform, Somyos stated that over 230,000 people had so far signed a petition on repealing Article112.

Protesters also offered support for jailed pro-democracy leaders Arnon Nampa, Parit Chiwarak and Panupong Jardnok.





Updated: The regime’s political prisoners

24 11 2021

Recently, Thai Lawyers for Human Rights listed those political prisoners currently held in the regime’s dungeons. There are at least 25.

These political detainees have repeatedly applied for but been denied bail. For example, lawyer and activist Arnon Nampa has had his bail applications denied eight times, Jatupat Boonpattararaksa has had bail denied seven times, and so on. The courts can detain them for as long as it takes for their cases to be concluded. In the past, for lese majeste detainees, this was a form of torture meant to force them to plead guilty.

Those held longest have been in the dungeons for almost 4 months.

We attach here a summary of the list of political detainees:

Update: Thai Enquirer has a story regarding some of those included in the list above. It emphasizes that the regime’s police have arrested more than 200 children and youths associated with the Din Daeng protests. Using data from TLHR, it states that “from August to October, police have arrested 176 young people, aged 15-18, and another 46 children under the age of 15 for a range of charges.” Arrests are made and homes searched without warrants, and some a held without access to guardians or lawyers. Just another day in authoritarian, autocratic Thailand.





Updated: Toxic turncoats and the barking mad

23 11 2021

Suporn Atthawong, now known as Seksakol, an assistant minister in the Prime Minister’s Office, wants Amnesty International banned in Thailand and expelled from the country.

Suporn/Seksakol is a former red shirt who seems – no one is saying – flipped to the military junta to escape a string of charges his one-time opponents brought against him, including terrorism and lese majeste. Remarkably, by mid-2018, Suporn had pledged himself to support of the post-2014 coup regime’s concocted political party and, following the junta’s rigged 2019 election, to the ongoing premiership of Gen Prayuth Chan-ocha. For working to deliver red shirts to the regime’s party, the quisling was rewarded by being made a deputy minister. He now works as a loyalist assistant to Prayuth, the man who had some of those charges brought against him.

The quisling has been supported by Anon Saennan, described as “the ex-leader of the protest group Red-Shirt Villages of Thailand but still a member, said the group will launch a campaign to pressure the group [Amnesty International] to stop operating in the kingdom.”

Interestingly, Amnesty International had a terrible record on lese majeste when its “representative” in Bangkok was Benjamin Zawacki. He spent a lot of energy arguing that the reign of the dead king promoted human rights. He seemed to hold sway and AI received fierce criticism. More of less until Zawacki departed AI in 2012, AI tended to neglect and downplay lese majeste, including the conditions of those imprisoned on the charge. Since then, it has gradually rehabilitated itself and taken a firm stand on human rights in Thailand.

That seems to be the issue for the execrable Suporn (or whatever name he now uses). Getting up his nose – and his bosses – seems to be AI’s criticism’s of the regime’s “treatment of political protesters on several occasions, the latest of which followed the Constitutional Court’s ruling on the actions of anti-government protesters Anon Nampa, Panupong Jadnok and Panusaya Sithijirawattanakul.”

Anon and other rightists-for-hire babble that AI “is turning a blind eye to the protesters’ lack of respect for the higher institution, a reference to the monarchy.”

It seems that mad monarchists have come to see the king as having his rights infringed even when he’s in Germany.

Update: A reader rightly says that we should have made it clear that the focus of the mad monarchist turncoats is AI Thailand. That reader also pointed out that Zawacki was a researcher for AI in its international version. That’s also true, so we made representative read “representative” above. That said, we maintain that Zawacki was seen by many, including in the media, as speaking for AI and represented it in meetings. At the time, we posted several times on Zawacki and AI.





Arbitrary detention of Panusaya

20 11 2021

From the International Federation for Human Rights (FIDH):

Thailand: Arbitrary detention of Panusaya Sithijirawattanakul
Urgent Appeal
Human Rights Defenders
THA 004 / 1121 / OBS 120
Arbitrary detention / Judicial harassment
Thailand
November 18, 2021

The Observatory for the Protection of Human Rights Defenders, a partnership of FIDH and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Thailand.

Description of the situation:

The Observatory has been informed about the arbitrary detention and ongoing judicial harassment of Ms. Panusaya Sithijirawattanakul, aka Rung, a student and prominent pro-democracy activist with the United Front of Thammasat and Demonstration (UFTD) [1].

On November 15, 2021, the Bangkok South Criminal Court denied bail to Panusaya Sithijirawattanakul and ordered her detention in relation to charges under Article 112 of the Thai Criminal Code (“lèse-majesté”) [2] . These charges stem from her participation in a peaceful protest by a small group of activists who called for the repeal of Article 112 on December 20, 2020, at Siam Paragon shopping mall in Bangkok. Authorities accused Ms. Panusaya and the other activists of mocking King Rama X by wearing a crop top. [3]

The Bangkok South Criminal Court justified its decision to deny bail to Ms. Panusaya by arguing that the defendant had committed similar offenses and violated the conditions previously set by the Bangkok Criminal Court for her temporary release on May 6, 2021 [see below]. Ms. Panusaya is currently facing at least nine lèse-majesté charges, and could face 135 years in prison, if tried and found guilty in all cases. Ms. Panusaya Sithijirawattanakul is currently detained at the Central Women’s Correctional Institution in Bangkok.

The Observatory recalls that this is not the first time Panusaya Sithijirawattanakul is arbitrarily detained for her legitimate human rights activities. On October 15, 2020, Ms. Panusaya was arrested and detained for 16 days after reading a 10-point manifesto calling for monarchy reform at a pro-democracy protest on August 10, 2020, at Thammasat University’s Rangsit Campus in Pathumthani Province.

Ms. Panusaya was again detained from March 8 to May 6, 2021, in relation to another lèse-majesté case filed against her for calling for the reform of the Thai monarchy during a peaceful pro-democracy protest on September 19-20, 2020, in Bangkok. During that period of detention she was denied bail numerous times until she was granted temporary release by the Bangkok Criminal Court.

The Observatory underlines that the ongoing judicial harassment of Ms. Panusaya and other human rights defenders in Thailand contradicted recent statements and commitments made by the Thai government. During the latest Universal Periodic Review (UPR) of Thailand, which took place on November 10, 2021, the Thai government claimed that “human rights defenders have been highlighted as a specific group that needs appropriate protection” and that it “worked to create better understanding about the important role of human rights defenders.” The government accepted five recommendations that called for measures to guarantee civil society space, the protection of human rights defenders, and investigations into acts of harassment and attacks against them.

The Observatory also notes that between November 24, 2020, and November 16, 2021, 156 people, including many human rights defenders, were charged under Article 112 of the Thai Criminal Code. In addition to Ms. Panusaya, five other human rights defenders – Anon Nampa, Parit Chiwarak, Panupong Chadnok, Jatuphat Boonpattararaksa and Benja Apan- are currently detained on lèse-majesté charges pending trial.

The Observatory condemns the arbitrary detention and judicial harassment of Panusaya Sithijirawattanakul, Benja Apan, Anon Nampa, Parit Chiwarak, Panupong Chadnok, and Jatuphat Boonpattararaksa,which seem to be only aimed at punishing them for their legitimate human rights activities and the exercise of their rights to freedom of expression and of peaceful assembly.

The Observatory calls on the Thai authorities to immediately and unconditionally release the six human rights defenders and to put an end to the judicial harassment against them and all other human rights defenders in the country.

Actions requested:

Please write to the authorities of Thailand asking them to:

i. Guarantee in all circumstances the physical integrity and psychological well-being of Panusaya Sithijirawattanakul and all human rights defenders in Thailand, and ensure in all circumstances that they are able to carry out their legitimate activities without any hindrance and fear of reprisals;

ii. Immediately and unconditionally release Panusaya Sithijirawattanakul, Benja Apan, Anon Nampa, Parit Chiwarak, Panupong Chadnok, and Jatuphat Boonpattararaksa,since their detention is arbitrary as it seems to be merely aimed at punishing them for their human rights activities;

iii. Put an end to all acts of harassment, including at the judicial level, against Panusaya Sithijirawattanakul, Benja Apan, Anon Nampa, Parit Chiwarak, Panupong Chadnok, Jatuphat Boonpattararaksa, and all other human rights defenders and pro-democracy activists in the country;

iv. Guarantee in all circumstances the rights to freedom of expression and of peaceful assembly, as enshrined in international human right law, and particularly in Articles 19 and 21 of the International Covenant on Civil and Political Rights;

v. Refrain from using Article 112 of the Criminal Code to target human rights defenders and pro-democracy activists and amend all provisions of the Criminal Code used to repress fundamental rights and freedoms, and bring them into line with international human rights standards.

Addresses:

· Mr. Prayuth Chan-ocha, Prime Minister of Thailand, Email: spmwebsite@thaigov.go.th
· Mr. Don Pramudwinai, Minister of Foreign Affairs of Thailand, Email: minister@mfa.go.th
· Mr. Somsak Thepsutin, Minister of Justice of Thailand, Email: complainingcenter@moj.go.th
· General Narongpan Jitkaewthae, Commander in Chief of the Army, Email: webadmin@rta.mi.th
· Pol Gen Suwat Jangyodsuk, Commissioner-General of the Police, Email: info@royalthaipolice.go.th
· Ms. Pornprapai Ganjanarinte, National Human Rights Commissioner of Thailand, Email: help@nhrc.or.th, info@nhrc.co.th
· H.E. Mr. Sek Wannamethee, Ambassador, Permanent Mission of Thailand to the United Nations in Geneva, Switzerland, Email: thaimission.GVA@mfa.mail.go.th
· Embassy of Thailand in Brussels, Belgium, Email: thaibxl@thaiembassy.be

Please also write to the diplomatic representations of Thailand in your respective countries.

***
Paris-Geneva, November 18, 2021

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by FIDH and the World Organisation Against Torture (OMCT). The objective of this programme is to prevent or remedy situations of repression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.

Footnotes
[1] The United Front of Thammasat and Demonstration (UFTD) is a student pro-democracy group from Bangkok’s Thammasat University, which was formed amid the wave of nationwide student-led pro-democracy demonstrations that began in Thailand in February 2020. Since then, UFTD has played a key role in organising pro-democracy protests and continued to make open criticism of the monarchy and calls for the reform of the institution.
[2] Article 112 of the Criminal Code imposes jail terms for those who defame, insult, or threaten the King, the Queen, the Heir to the throne, or the Regent. Persons found guilty of violating Article 112 face prison terms of three to 15 years for each count.
[3] In July 2016, photos were circulated online of then-Crown Prince Vajiralongkorn appearing to wear a crop top in a shopping mall in Germany.





Further updated: Absurd court reaffirms its royalist credentials

11 11 2021

Section 49 of the junta’s constitution states:

No person shall exercise the rights or liberties to overthrow the democratic regime of government with the King as Head of State.

Any person who has knowledge of an act under paragraph one shall have the right to petition to the Attorney-General to request the Constitutional Court for ordering
the cessation of such act.

In the case where the Attorney-General orders a refusal to proceed as petitioned or fails to proceed within fifteen days as from the date of receiving the petition, the person making the petition may submit the petition directly to the Constitutional Court.

The action under this section shall not prejudice the criminal prosecution against the person committing an act under paragraph one.

From Ji Ungpakorn’s blog

The Constitutional Court surprised no one yesterday with its absurd decision that those calling for reform of the monarchy were seeking to overthrow the political system and the monarchy. Its ruling, following the first paragraph above, was all the more bizarre given that many of the reforms were a call for the status quo ante of the previous reign and of the post-1932 regime.

The Court ruled on a petition from Natthaporn Toprayoon, a former advisor to the ombudsman, who prompted the court to rule on whether “public statements, made by leaders of anti-establishment groups concerning the monarchy at Thammasat University’s Rangsit campus on August 10th last year, amount to an attempt to overthrow the constitutional monarchy.”

Clipped from Prachatai

Even among the deranged among royalists, Natthaporn stands out as quite mad. His earlier efforts with the Constitutional Court in 2019 involved a bizarre claim that the Future Forward Party was attempting to overthrow the same “democratic regime with the king as the head of state” under the very same Section 49. The lame lawyer claimed, among many odd things, that party members were “anti-monarchy and anti-religion, is that they are part of the Illuminati.” In other words, the FFP was a part of a (fictitious) global anti-monarchist conspiracy. Many mad monarchists believed this rubbish. That action failed, so he took the same nonsense to the Election Commission, claiming an “alleged violation of the Political Party Act.”

This time, the Constitutional Court, by majority (8-1) decision:

ruled that the calls for monarchy reform and monarchy-related activities organized by Anon Nampa, Panussaya Sitthijirawattanakul, Panupong Jadnok and associated organizations were, are and will be abuse of constitutional rights and liberties as they are intended to ‘overthrow’ the democratic form of government with the King as Head of State.

Remarkably, the court determined “hidden” intentions and “inferred” meanings:

The Court ruled that Anon’s speech and Panussaya’s statement at the 10 August 2020 protest, and their participation in the protests afterward and other symbolic actions have the hidden intention of overthrowing the regime, which would cause public disorder and unrest in society….

The word ‘overthrow’ can be inferred from actions that cause a serious threat to the constitution and regime in a decisive and irreversible manner that completely obliterates them.

The court considered the demand for the repeal of Section 6 of the constitution “which guarantees the monarch’s authority, as Head of State, which no one can accuse or violate is an explicit act with an intent to annihilate the monarchy.”

Rather, the demand was:

Abolish Article 6 of the constitution, which dictates that no one can make legal complaints about the king. Add an article to give the parliament power to perform checks and balances on the king, similar to the Khana Rasadon’s constitution.

This is a call to reform and a return to a previous status quo. As an op-ed at Thai Enquirer states: “If you carefully listen, what they are asking for is the modernization of the royal institution so that it can continue to peacefully exist along with the development of a democratic system.”

And the court objected to the tone of speeches:

To demand such changes and make such attacks in public, by claiming that it is an exercise of rights and freedoms according to the Constitution, not only is bad conduct, with rude words spoken, but also violates the rights and freedoms of other people who think differently….

For good measure, the court trotted out the palace and military propaganda line on the role of the monarchy in Thailand’s history. Essentially they accused the reform movement of being offensive to (ruling class) Thai culture.

The court also ordered the three respondents and others to end their movement: “The three respondents, other organisations and networks must cease their actions…”.

The ruling carried no penalty for the three respondents but it potentially unleashes a cascade of royalist repression and cases for the royalist courts that, the regime and palace appear convinced will be the end of the monarchy reform movement.

It is worth noting that, like the hurried and politicized dissolution of several parties in the 2008 judicial coup, the court dispensed with witnesses. As Prachatai explains:

Thai Lawyers for Human Rights (TLHR) stated that, despite a request by lawyers for the three activists for them to be summoned for an inquiry along with several other witnesses to give them the opportunity to defend themselves, the ruling was made without examining witnesses and based only on the complaint itself, the objection to the complaint, and documents that the Court requested from the Office of the Attorney General, Khlong Luang Police Station, the Royal Thai Police, the National Security Office, the National Intelligence Agency, and Thammasat University.

The Court then ordered the inquiry concluded, claiming that it has enough evidence to issue a ruling.

TLHR also said that, in addition to the three activists themselves, they had requested that several academics be summoned as witnesses. They had planned to summon historians Nithi Eoseewong and Charnvit Kasetsiri to testify on Thai political history, and legal scholar Khemthong Tonsakulrungruang to argue that the activists’ actions do not qualify as using their rights and liberties to overthrow the democratic regime with the monarch as Head of State.

They also planned to summon writer Sulak Sivarak to speak about the role of the monarchy in Thai politics and President of the 1997 Constitution Drafting Assembly Uthai Pimchaichon to speak on the intention of Section 49 of the Thai Constitution, which is modelled after the same section in the 1997 Constitution.

None of the aforementioned witnesses were given a chance to testify.

On the ruling, Natthaporn gloated: “The ruling today is a starter, that peace will finally be returned to society…”. He claimed the ruling bans all activities that might be construed to threaten the monarchy. His next target is the Move Forward Party: “He said the court’s decision would lead to the Election Commission deciding whether to move for the disbandment of the Move Forward Party. Mr Natthaporn claims the party supported the protests.”

In an interview cited by Prachatai, academic lawyer and former FFP member Piyabutr Saengkanokkul saw three impacts from the ruling:

Firstly, the ruling’s broad interpretation of the law has closed the door for those who want to reform the monarchy.

Secondly, the ruling prohibits many acts, both those which have been done and those not done. This will allow those who oppose proposals for monarchy reform to flood the courts with petitions similar to the one today. Civil society organizations and political parties that rally for the amendment or abolition of the royal defamation law might be affected by this.

Thirdly, this order to gag people will not bring about reconciliation between those who think differently. It will exacerbate tensions between the old and the new generations who have different ideas about the monarchy.

“If you don’t want to enter the red zone, then don’t do it. Don’t speak. Don’t touch. Don’t do anything. Then, you will be in the safe zone. Your party won’t be disbanded. Your MPs can stay. Criminal charges won’t touch you. In public rallies, you mustn’t speak about this. Just talk about ousting Prayut. Don’t speak about these [monarchy] issues and you will be safe.”

Indeed, this decision will, despite the wording of Section 49, will be used to lock up protest leaders and it will provide justification for a regime purge of those it can now say are anti-monarchists.

Finally in this absurdist “legal” world of the country’s protectors of the status quo, we must go back to the Thai Enquirer and its comments:

Asking for the amendment of the lese-majeste law is not treasonous in any way. Overthrowing an elected government by a military coup like what General Prayut Chan-ocha and his friends did in 2014 was.

It was also unconstitutional and unlawful. But the courts have regularly sanctioned military coups. The op-ed lists other unlawful acts sanctioned by courts:

Jailing and persecuting elected parliamentarians….

Arresting, cracking down, violently using force against unarmed protesters….

Shutting down public debate, installing an unelected senate, using the judiciary to go after dissidents….

Abducting and murdering political activists….

The op-ed concludes:

The verdict was almost like the final nail in the coffin of space for fair discussions in our society. And it was perpetrated by the same court system that has done nothing for the last six years but carry out the junta’s whim and reinforce the junta’s rule.

Update 1: Usefully, Prachatai has provided a translation of the Constitutional Court’s decision. Read it in all its bizarre detail.

Update 2:The Constitutional Court has defended not hearing evidence, saying it was too late and that the investigation was complete. Interestingly, in its decision, the court does not refer to any evidence that was not from the complainant or an official security agency.





Abolish 112

26 10 2021

Between July 2020 and September 2021, “at least 1,458 people are now facing charges for participating in pro-democracy protests…”. Further, “at least 145 people are facing [lese majeste] charges…” [but see below]. In addition, “[a]t least 111 people are facing sedition charges under Section 116 of the Thai Criminal Code, while at least 1,171 people are facing charges for violating the Emergency Decree.” And, a handful continue to face charges under Article 110, accused of trying to harm the queen.

Clipped from the linked report

Thai Lawyers for Human Rights report that, “as of 14 October, 23 people are currently in detention for participating in protests: Parit Chiwarak, Jatupat Boonpattararaksa, Anon Nampa, Huad, Thawee Thiangwiset, Chitipat, Chakri, Panupong Jadnok, Nat, Nawapol Tonngam, Wachirawit Limthanawong, Pawaris Yaemying, Paitoon, Suksan, Naruebet, Pichai, Jittakorn, Tha, Sith, Thu, Benja Apan, Kachen, and Kajornsak.”

The Citizens for the Abolition of 112 has been organized to seek people’s signatures to support the abolition of Article 112. Their campaign begins on 31 October, with a press briefing held on 24 October in front of the Supreme Court.

Panusaya Sithijirawattanakul “said the group aimed to abolish Section 112 of the Criminal Code, generally amend the laws regarding defamation and slander, and abolish prison sentences for defamation.” She said:

On Sunday 31 October 2021, I ask everyone to gather at Ratchaprasong intersection. The activity will run from 16.00 to 21.00. If we succeed in gathering signatures this time, what will happen is that the Section 112 will be abolished. The defamation law system will be completely amended, with only fines instead of prison sentences…. This is the mission that all Thai people must carry out together….

The group says “that at least 151 people have been charged with Section 112 between November 2020 and 19 October 2021 for their actions and online statements.” Remarkably, Parit faces at least 21 charges. If found guilty on all charges and given the maximum sentence, Parit will go to jail for 315 years.

It pointed out the obvious: “The existence of Section 112 is like a threat to the rights and liberties of the people…”. It added that 112 “distorts the judicial system. … It makes the authorities choose to limit their role in protecting the rights of suspects such as the right to bail and the right to an open and fair trial…”.








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