Loyalism and royalism

1 03 2019

When the whole princess-for-PM stuff blew up, PPT mentioned that the election see “loyalty” become an issue. And so it has.

In another move against the Future Forward Party someone the Bangkok Post chooses to label “an activist” – Boonthaworn Panyasit – has requested that the junta’s Election Commission recommend dissolving the party to the Constitutional Court.

Said to be a leader of “a group called People Protecting the Constitution,” the loyalist royalist declared that the Party was “exhibiting behaviour against the monarchy…”. The “activist” slammed Party” secretary general Piyabutr Saengkanokkul’s personal stance in opposition to the lese majeste law.”

This royalist logic, fomented by Gen Prayuth Chan-ocha when he was Army chief, alleges that wanting any changes to Article 112 is an attach on the monarchy itself. Warped royalism soon leads to violent royalism.

Boonthaworn also claimed that party leader Thanathorn Juangroongruangkit probably meant harm to the monarchy when he “recently that Future Forward would complete the mission of Khana Ratsadon [from 1932].” He went on to allege that the two party leaders “had made several comments threatening to the constitutional monarchy.”

“Loyalty” now demands the erasing of 1932, as has been seen in actions by the monarchy-military alliance over the past couple of years. Who would have guessed that 1932 would be an election issue.





Updated: A decade of PPT

21 01 2019

A decade has passed for Political Prisoners in Thailand. We admit our huge disappointment that we are still active after all these years.

By this, we mean that PPT should have gone the way of the dinosaurs, being unnecessary as Thailand’s political prisoners, its military dictatorship and political repression would have been a thing of the past. But political dinosaurs flourish in Thailand’s fertile environment filled with fascists, royalists and neo-feudalists. Sadly, the political climate in  the country is regressing faster than most pundits could have predicted.

When we began PPT on 21 January 2009, we hoped it would be a temporary endeavor, publicizing a spike in lese majeste cases to an international audience. Instead, a decade later, we are still at it and dealing with the outcomes of royalist politics gone mad. We now face the repressive reality of the continued dominance of a military dictatorship, brought to power by an illegal military coup in 2014. This regime is underpinned by a nonsensical royalism that masks and protects an anti-democratic ruling class. Royalists have fought to maintain a royalist state that lavishes privilege, wealth and power on a few.

In “protecting” monarchy, regime and ruling class, the military junta has continued the politicization of the judiciary and is now rigging an “election” that may, one day, be held, if the king finally decides that he will allow an election. That “election,” embedded in a military-royalist constitution, will potentially be a political nightmare, maintaining military political domination for years to come.

A better, more representative and more democratic politics remains a dream.

When we sputtered into life it was as a collaborative effort to bring more international attention to the expanded use of the lese majeste and computer crimes laws by the then Abhisit Vejjajiva regime and his anti-democratic Democrat Party. That regime’s tenure saw scores die and thousands injured in political clashes and hundreds held as political prisoners.

The royalism and repression that gained political impetus from anti-democratic street demonstrations that paved the way for the 2006 military coup and then for the 2014 military coup have become the military state’s ideology. Those perceived as opponents of the military and the monarchy were whisked away into detention, faced threats and surveillance and some have died or been “disappeared” in mysterious circumstances, and continue to do so in recent months.

This royalism and repression has also strengthened the monarchy and the new monarch. The junta has supinely permitted King Vajiralongkorn to assemble greater economic and political power. It has colluded with the palace in aggregating land for the monarch that was previously set aside for the public. It has colluded in destroying several symbols of the 1932 revolution, emphasizing the rise of neo-feudal royalism that leaves democracy neutered.

On this anniversary, as in past years,  we want an end to political repression and gain the release of every political prisoner. Under the current regime, hundreds of people have been jailed or detained, subjected to military courts and threatened by the military. The military regime is not only illegal but is the most repressive since the royally-appointed regime under Thanin Kraivixien in the mid-1970s.

The 2006 and 2014 coups, both conducted in the name of the monarchy, have seen a precipitous slide into a new political dark age where the lese majeste law – Article 112 – has been a grotesque weapon of choice in a deepening political repression.

From 2006 to 2017, lese majeste cases grew exponentially. Worse, both military and civil courts have held secret trials and handed out unimaginably harsh sentences. And even worse than that,  the definition of what constitutes a crime under the lese majeste law has been extended. Thankfully, in 2017 we were unable to identify any new lese majeste cases and some in process were mysteriously dropped. We don’t know why. It could be that the military’s widespread crackdown has successfully quieted anti-monarchism or it might be that the king wants no more cases to get public airings and “damage” his “reputation.”

The last information available suggest that there are at least 18 suspects accused of violating Article112 whose cases have reached final verdicts and who remain in prison.

As for PPT, despite heavy censorship and blocking in Thailand, we have now had more than 6 million page views at our two sites. The blocking in Thailand has been more extensive in 2018 than in past years. This is our 7,999th post.

PPT isn’t in the big league of the blogging world, but the level of interest in Thailand’s politics and the use of lese majeste has increased. We are pleased that there is far more attention to political repression and lese majeste than there was when we began and that the international reporting and understanding of these issues is far more critical than it was.

We want to thank our readers for sticking with us through all the attempts by the Thai censors to block us. We trust that we remain useful and relevant and we appreciate the emails we receive from readers.

As in the past we declare:

The lese majeste and computer crimes laws must be repealed.

Charges against political activists must be dropped.

All political prisoners must be released.

The military dictatorship must be opposed.

Update: We completely botched the number of views at PPT. We have amended above to 6 million, not 3 million as we originally had.





Lese majeste in 2018

16 01 2019

Thai Lawyers for Human Rights have a useful analysis of the use of lese majeste in 2018.

They begin with the background:

Since late 2016, in the aftermath of the passing of King Rama IX and the accession of King Rama X, prosecutions of lèse majesté cases or the violation of the Penal Codes Section 112 spiked sharply. The witch huntor vigilante actions taken against people who hold different views led to prosecution of dozens of lèse majesté cases.

In fact, since the 2006 military coup, there have been several “spikes.” After that coup, during the Abhisit Vejjajiva regime and then since the 2014 coup.

For 2018, there’s not just been a precipitous decline in cases, there’s been none:

The year 2018 saw a number of changes to the enforcement of Section 112. No new cases invoking Section 112 have been prosecuted in 2018 (as far as we know). Meanwhile, several ongoing lèse majesté cases have been dismissed, particularly cases under the review of civilian courts, though this does not necessarily indicate more freedom to exercise the right to free expression in Thailand. Even though the authorities are now reluctant to press lèse majesté charges, charges invoking other laws including the Computer Crime Act or “sedition” per Section 116 continue to be an important tool to restrict freedom of expression and purge dissenters.

TLHR see the cause of this decline as being in the palace:

These changes can be directly attributed to the royal succession. It has not stemmed from the authorities or personnel in the justice process realizing the many protracted problems caused by the enforcement of Section 112. It has also not stemmed from more respect for human rights in Thailand.

Remember all those royalists who used to make excuses for that nice old man, good King Bhumibol, lamenting that he really disliked 112, but those nasty politicians and military types just wouldn’t listen? King Vajiralongkorn has shown how much buffalo manure that propaganda line was.

Sulak Sivaraksa wrote that Vajiralongkorn “instructed the Chief Justice and the Attorney General to bring to an end to prosecutions invoking Section 112 and to not allow it to be used as a political tool.” It seems that on this point, Vajiralongkorn has more sense than his father. That’snot to say that there weren’t dozens of lese majeste cases directly related to Vajiralongkorn such as the spate around his separation from his consort in late 2014 and early 2015.

One result of Vajiralongkorn’s intervention is outlined:

The Attorney General’s directive dated 21 February 2018, addressed to high-ranking officials of all levels in the Attorney General’s Office, instructs all units of the public prosecutor’s department to receive and review immediately investigation reports filed by inquiry officials regarding Section 112 cases. The public prosecutors are then instructed also to furnish the Office of the Attorney General a copy of the police investigation report in each case and not to make any decisions about these cases. They are informed that it is the Attorney General who will decide as to whether the cases will be filed in Court or not. Now the rank-and-file public prosecutors no longer have the power to order prosecution of 112 cases.

The other impact that this change from the top has brought has been that several cases have been dropped, even when those accused have entered a guilty plea. Sometimes the defendants have been convicted of other offenses or were already serving long jail terms.

TLHR conclude:

Amidst changes in the status, role and content of the laws concerning the monarchy in 2018, any expression of thought in public, including any criticisms based on factual information, could be construed as a sensitive comment and could be deemed “crossing the line” in Thailand.

Change seems to have taken place in ‘form’, though the ‘substance’ of the law remains the same.





Royal decree critic threatened

12 01 2019

Readers may recall fascist ultra-royalist Rientong Nan-nah. A nasty piece of work, the Major General and his so-called Rubbish Collection Organization of ultra-royalist vigilantes have a reputation for being backed and funded by the military to do some of its dirty work.

Rienthong’s group emerged prior to the 2014 military coup and was meant to inject royalist venom into the anti-democrat movement. Its gang of thugs was another means to threaten and repress those with different political positions. At the time, Maj-Gen Rienthong, a director at the Mongkutwattana General Hospital, said his thugs “will work to find and hurt those who insult the monarchy.” He declared his group was established “exterminate … people who insult the monarchy.”.

Well, he’s doing it again.

It sames at least one brave person has asked appropriate questions about the “election” delay. Asst Prof Vinai Poncharoen, from the College of Politics and Governance at Mahasarakham University, posted a question at his Facebook account: “Who plays a part in delaying the election? Remember that the will of the people is more important than any ceremony.”

Ultra-dolts like Rienthong’s thugs have apparently been prowling social media looking for comments that could be construed as anti-royal. Rienthong responded by asking “Vinai to clarify what he meant by ‘ceremony’ and implying that there will be repercussions for Vinai’s action, even though he would not be employing Article 112.” He then called “for the authorities to take action against Vinai for ‘undermining the monarchy.’ He also called for Maharasakham University to remove Vinai from his position as lecturer.”

Such threats are constructed in order to silence all criticism of the monarch and monarchy. The ultra-royalists may have been instructed to tone down their calls for lese majeste charges, but the threats remain powerful and will silence critics.





Judiciary hopeless on royals

2 01 2019

Prachatai reports on a lese majeste case that began life in 2012 and where a final decision has been handed down by the Supreme Court.

It was claimed that on 26 October 2012 Anan (family name withheld), now aged 70, defamed Princess Sirindhorn and Princess Soamsawali in Pathum Thani Province. He was eventually charged under Article 112. The defendant denied the accusations.

When the accusation was investigated in 2012, no charge was filed. However, following the 2014 coup, prosecutors were ordered to trawl over previous 112 cases, and Anan’s was taken to court after a “committee of the Royal Thai Police ordered that the case be prosecuted and the officer who did not file charges be subject to disciplinary punishment.”

The first verdict was given on 29 September 2016. It was complicated. The court found Anan committed the acts he was prosecuted for. However, the court, having advice from the Royal Household Bureau, ruled that Article 112 did not cover Sirindhorn and Soamsawali.

Thus, unable to convict Anan under the lese majeste verdict, the court itself cobbled together a conviction, reasoning that the defendant defamed Sirindhorn and Soamsawali. Despite the fact that neither of the two royals had lodged a defamation complaint, the court “found the defendant guilty of violating of Article 326 of the Criminal Code and sentenced him to 1 year in prison for each offence, totalling 2 years.”

In other words, Anan was convicted of a crime for which he had not been charged, which had not been investigated and for which he was not tried.

An Appeals Court considered Anan’s appeal and issued its verdict on 20 May 2017. The article doesn’t clearly state the outcome but it appears that it found for the defendant, presumably leading to a prosecution appeal to the Supreme Court.

On 27 December 2018, the Thanyaburi Provincial Court read the Supreme Court’s verdict. It “found Anan guilty on 2 charges of personal defamation, and sentenced him to 1 year in prison for each offence, suspended for 3 years, and a fine of 20,000 baht for each offence.”

Defense lawyer Thitiphong Sisaen made the following observations:

1) The Supreme Court has set a standard for defamation cases (Article 326). Even if the victim does not file a complaint, if there is an investigation into the offence, the prosecutor may file a lawsuit….

2) The Supreme Court referred to the 2017 Constitution as the criterion for the legitimacy of the investigation (the state has the duty to protect and preserve the monarchy and national security), but this case occurred in 2012 and the charges were filed in 2015. This means the Supreme Court has set down a new legal principle, stating that laws are effective retrospectively in order to punish the accused.

When it comes to royals, the judiciary is simply hopeless, makes stuff up and promotes injustice.





Sulak, the king and lese majeste

24 11 2018

A story from an Australian newspaper provides yet more detail on the king and lese majeste via Sulak Sivaraksa. It is kind of looking like Sulak is a palace messenger.

The report notes that despite multiple lese majeste charges brought against him (all under the previous king), Sulak “remained a monarchist.” As a monarchist, “[h]e believes the lese-majeste law, Article 112, should be abolished for the sake of keeping the royal family strong.”

Sulak “speaks highly of the new king … who he says is not only responsible for his freedom but for no new lese-majeste charges being laid against anyone in a year.” He claims that on lese majeste, Vajiralongkorn “… is impatient, he said ‘no more’…”.

Academic Patrick Jory argues that the frequency of use has to do with “… political crisis, particularly one in which the monarchy is involved…”. He also suggests that “the coming election and Vajiralongkorn’s coronation, on a date yet to be set, have both played a part in the year-long moratorium on new charges.”

Meanwhile, Human Rights Watch researcher Sunai Phasuk says: “While there has been a sharp drop in lese-majeste prosecutions, Thai authorities have switched to using other laws, such as the Computer-Related Crime Act and sedition law, to prosecute critics of the monarchy…”.

As well as praising the king, Sulak refers to Gen Prayuth Chan-ocha, as “mediocre” and “the worst of the dictators we’ve had,” but “competent.” Worst, mediocre and competent is a wide range of descriptions and he also describes Gen Sarit Thanarat as “the worst.”

Mixing all that up, Sulak then declares: “Prayuth’s afraid of me. He’s a hypocrite. He used this case to silence me. Every dictator hated me. Suchinda [Kraprayoon, whose brief tenure in 1992 was marked by a massacre] was very bright compared with Prayut. He tried to kill me.”

No of this makes sounds particularly compos mentis, his comments on Vajiralongkorn need to be seriously considered as he is one of the few who has spoken about him.

Sulak is described as “circumspect about what the king is like in person,” but admits that “[h]e has a bad public image…”. He continues:

He’s shy, but he’s very knowledgeable. He’s very concerned with the survival of the monarchy, and very concerned about whether this country could be really democratic.

I think the king is wise. He wants the monarchy to be more open and more transparent. He has gained a lot of confidence [since he assumed power].

That’s all very scary.

On the future of lese majeste, Jory says “the new king is very unpopular, particularly compared to his father, and with “too many skeletons” in the monarchy’s closet he does not expect the lese-majeste law to be reformed any time soon.”

Jory says the “monarchy has lots and lots of enemies. This issue in the medium term won’t go away,” meaning that lese majeste will be maintained. “He is not expecting much to change with the election expected in February.”





Refugee status for political activist charged under 112

13 11 2018

Khaosod reports that 25 year-old political activist Chanoknan Ruamsap “has become the first Thai political refugee in South Korea.” She was previously charged with lese majeste.

Now in Gwangju in South Korea, Chanoknan said “she was surprised by the speed of Friday’s decision to grant her status, coming as it did 10 months after she fled Thailand.” That’s good news.

Chanoknan fled Thailand “in mid-January after learning she was wanted for insulting the monarchy.” Her charge related to sharing on Facebook a BBC Thai story on then new King Vajiralongkorn. That sharing saw student activist Jatuphat Boonpattaraksa charged, convicted and sentenced to 2.5 years in jail in Khon Kaen.

We can now wait to see how the slitherers at the Ministry of Foreign Affairs respond.