Mad 112 case

2 09 2021

Prachatai reports that an Article 112 complaint has been lodged against former royalist and anti-Thaksin Shinawatra campaigner Thanat Thanakitamnuay.

Longtime readers might remember him from this report. More recently, he has joined pro-democracy activists, apologized for his previous politics, and made speeches to anti-regime activists. He was injured in an event on 13 August, with his family saying “his right eye was hit by a ‘blunt cylindrical object’ – which … was [probably] a tear gas canister – tearing the cornea, rupturing the eyeball, and causing his retina to peel off.”

For his recent appearances at rallies, on 30 August 2021:

Nangnoi Atsawakittikorn from the Thailand Help Center for Cyberbullying Victims and Jakkapong Klinkaew from the Centre of the People for the Protection of Monarchy filed a royal defamation complaint [Prachatai means a lese majeste complaint] against Thanat at the Samranrat Police Station on behalf of the “People’s Network for the Protection of the Royal Institution”.

Just to remind readers, Article 112 states: “Whoever defames, insults or threatens the King, the Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to fifteen years.” In 2013, however, the the royalist Supreme Court decided “that the law also applies to all previous monarchs…”.

The ultra-royalists have used this to bring some ludicrous allegations and charges, even involving, more than once, a dead royal tail-wagger, historical kings and members of the royal family not covered by the words used in the law.

Thanat. Clipped from Prachatai

In the complaint against Thanat, the ultra-royalists complain about him “wearing an outfit similar to one worn by the late King Rama IX.”

They complained that:

… Thanat was intentionally mocking the late King Rama IX by wearing a suit, an eyepatch and a camera to a protest on 22 August…. According to Nangnoi, Thanat’s costume and camera were props employed to ridicule a well-known photograph of King Rama IX.  The late King often wore a camera around his neck when travelling upcountry.

Of course, Thanat’s eye was covered because he had been injured in a previous rally (see above).

These mad monarchists, who have lodged many lese majeste complaints over the past year, added another complaint, asserting “that a speech Thanat gave on 25 August calling for Section 112 to be abolished reflects his intent to overthrow the monarchy.”

Again, the idea that calling for Article 112 to be abolished can be either lese majeste and/or sedition charges has been increasingly common.

In addition, as Prachatai points out:

This is not the first time that royalists have taken umbrage with the costumes of pro-democracy activists. Conservative netizens put up a storm of critical commentary after the 28 January 2021 posting of a picture featuring Chaiamorn ‘Ammy’ Kaewwiboonpan, a lead singer in the Bottom Blues Band, and actress Inthira Charoenpura which Chaiamorn dressed in an outfit similar to one worn by King Rama IX.

Mad monarchists get madder by the minute. Internationally, the country’s judicial system is a joke.





Ammy and Phromsorn face more 112 charges

9 06 2021
Ammy

An earlier photo of Ammy

Prachatai reports that Chaiamorn Kaewwiboonpan or Ammy, the lead singer of band The Bottom Blues, is facing yet “another royal defamation charge for singing a modified version of his song ‘1 2 3 4 5 I love you’ at a protest in front of the Thanyaburi Provincial Court in January 2021.”

Along with the already reported case against and activist Phromsorn Weerathamjaree

, Thai Lawyers for Human Rights report that Ammy faces another lese majeste charges for “participation in the 14 January 2021 protest in front of the Thanyaburi Provincial Court to demand the release of student activist Sirichai Natueng, who was arrested in the middle of the night on 13 January 2021,” also for lese majeste involving the “spray-painting portraits of members of the royal family.”

It seems that this may also be a second case against Phromsorn for participation in this event – one for a speech and this one for joining Ammy in singing the song where the “I love you” is replaced with “Fuck you Too [Prayuth Chan-ocha]” or “Free our friends.” This time, however, the police claim the words were replaced with words against the king:

TLHR reported that according to the police, participants during the 14 January 2021 protest replaced “I love you” with “Fuck you […].” TLHR did not disclose what the final word was, but said the police deemed that the modified lyrics were insulting to the king.

Phromsorn

Phromsorn

Phromsorn reported to Thanyaburi Police Station on 7 June and denied the charge and Ammy reported on 8 June, also denying the charge.

The public prosecutor has now filed 112 cases against the two activists.

It is stated in the report that this “is the 17th royal defamation case in which the public prosecutor has ordered an indictment since the law began to be used against pro-democracy protesters in November 2020.”

The Thanyaburi Provincial Court granted bail to both men, “with a security of 300,000 baht each. The court also required them to sign a letter promising not to run or tamper with evidence.”

Ammy stated that this is “the first pop song to be charged under Section 112” and “that he was notified of the charges while he was still being detained pending trial in another royal defamation [lese majeste*] charge at the Thanyaburi Remand Prison.” He was detained for 69 days before being bailed on 11 May 2021 “on condition that he does not participate in activities which are damaging to the monarchy…”.

So far, Phromsorn is “facing a total of 3 counts of royal defamation [lese majeste] relating to political expression…”.

*PPT is becoming concerned that reporting of lese majeste is replacing the term with “royal defamation.” That plays into the arguments of the military-backed and royalist regime that argues for the draconian lese majeste charge being just another defamation charge. Clearly it is not.





Penguin and Ammy bailed

12 05 2021

Prachatai reports the good news that the Criminal Court approved bail requests for activist Parit Chiwarak – Penguin – and singer Chaiamorn Kaewwiboonpan – Ammy the Bottom Blues.

The court issued a press release stating that:

Penguin and Rung

Parit with Panusaya in an earlier photo. Clipped from The Nation

the pair were released on Tuesday on a security of 400,000 baht for Parit and 250,000 baht for Chaiamorn on condition that they report to the court as assigned, they do not commit, or attend any activity that may cause public disorder or damage the institution of the monarchy, and they do not travel abroad without the court’s permission.

According to the report:

Parit’s bail security covered in equal amounts 2 cases from his participation in the protests on 19 September 2020 and 14-15 November 2020. 200,000 baht of the security for Chaiamorn covered the 19 September protest and 50,000 baht covered the case of setting fire to the King’s portrait at Klong Prem Prison.

Bail was granted at 18.20, some three hours after the court finished its hearing of the applications for Chaiamorn and Parit. Such delays continue to suggest that the courts are taking orders from elsewhere.

Ammy

An earlier photo of Ammy

Parit has been in pre-trial detention “for 92 days before being released on bail at the tenth attempt.” He had been on a hunger strike for 57 days, protesting the refusal of bail.

Chaiamorn had been detained for 69 days and released on his eighth bail application.

Penguin was released from the prison hospital. Prior to that “police officers from Mueang Roi Et Police Station showed up to arrest him on another charge. The lawyers managed to secure 200,000-baht police bail.”

In addition to the charges on which he bailed, Parit faces at least another 20 more lese majeste charges.





Further updated: “Justice” kills

6 05 2021

There’s increasing concern about hunger strikers and political prisoners Parit “Penguin” Chiwarak and Panusaya “Rung” Sithijirawattanakul, including well-meaning calls from some for them to not die when seeking justice.

Sadly, it is becoming clear that the regime is callous and savage. More, we know that the king has a say in whether the lese majeste is used or not. We also know that he is savage in dealing with those he thinks have been disrespectful – look at how he has treated his various wives and Vajiralongkorn’s mad and furious tone in his official declarations when he sacks people.

It gets worse. It is now confirmed that another political prisoner, Arnon Nampa, has fallen ill with the Covid virus “and been moved for medical treatment” at the Medical Correctional Institution. The virus appears to be infecting many inmates and may be out of control.

Coronation 1

Arnon is the second political prisoner to have contracted the virus while incarcerated. The first was Chukiat “Justin” Saengwong.

All prisoners are now under threat, but that these political prisoners are at risk is yet another example of the politicization and monarchization of the (in)justice system. After all, the junta’s constitution states at Article 29:

A suspect or defendant in a criminal case shall be presumed innocent, and before the passing of a final judgment convicting a person of having committed an offence, such person shall not be treated as a convict.

In lese majeste cases, there is a presumption of guilt.

The question must be asked again and again: why is that these activists are not receiving justice? What is it or who is it preventing justice? WHo is it who doesn not care if they die? Who is it that relishes this savage and feudal treatment of young Thais?

No wonder hundreds of thousands of young Thais have joined a Facebook group that displays their dismay and that they have lost faith in many of the country’s institutions.

The military, the mafia regime, and the monarchy are destroying the country while they and their friends eat it.

Update1 : Some good news: “The Criminal Court has approved bail for the temporary release of Rassadon co-leader Panusaya ‘Rung’ Sithijirawattanakul on condition that she must not get involved in activities deemed to dishonour the monarchy.” Who knows what the latter condition means.In addition, “she must not join any activity that may cause unrest in the country, leave the country without permission and must report to the court as scheduled.”

The court appeared unable to make a decision without getting advice-cum-orders from on high: “After an inquiry into her bail request on Thursday morning, the court first scheduled handing down the decision at 3pm but later rescheduled it twice to 4pm and 5pm.” We take that delay as confirmation that the court gets it order from the regime and/or the palace.

Update 2: Despite the virus outbreak in prisons and at least two political prisoners already infected, Parit Chiwarak has been transferred “from Ramathibodi Hospital back to prison … after his health improved.” The danger to him is made clear by the courts themselves, which refuse to hear these defendants for fear of the virus. Parit’s court appearance, and that for Chaiamorn Kaewwiboonpan, have been postponed “because the two defendants will not complete their 14-day quarantine until tomorrow. Prison officials said both have to be screened again, to make sure they are clear of the virus, before they will be allowed to attend the hearing.” This amounts to protecting judges and other officials – which is reasonable – but keeping political prisoners in dangerous conditions.





Callous and savage

30 04 2021

While not unexpected, the report by Prachatai that the Criminal Court has again denied bail for seven activists detained on lese majeste charges is to be lamented as yet another demonstration that the judicial system is deeply flawed.

These political prisoners are Panupong Jadnok, Parit “Penguin” Chiwarak, Panusaya Sithijirawattanakul, Chaiamorn Kaewwiboonpan, Arnon Nampa, Chukiat Saengwong and Parinya Cheewinkulpahtom.

Penguin and Rung

Clipped from The Nation

Parit has now been detained for more than 80 days. He remains on a partial hunger strike that began some 45 days ago to protest the injustice of the system and the denial of bail for detained activists.

Lawyer Kritsadang Nutcharat of Thai Lawyers for Human Rights said:

…one of the reasons for requesting bail is concern over the spread of Covid-19 in prisons, because even the court is concerned that the virus will spread among court officials. He also said that there is no more reason to keep the activists in detention, and that it would be acceptable if the court set a condition related with their trial. He also mentioned that the court previously granted bail for activists Jatupat Boonpattaraksa and Somyot Pruksakasemsuk.

Kritsadang expressed considerable concern for Penguin and “also requested that the court allow Parit to be taken to Rama 9 Hospital for 30 days, because the hospital is better equipped than the Medical Correctional Institution…”.

The court demonstrated its inhumanity by dismissing the request. It is as though the courts take their orders from savage and vindictive higher-ups.

Kritsadang revealed that:

he visited Parit on 28 April and spoke to him through teleconference. During the visit, Parit told Kritsadang that he has not been able to sleep, his skin is dry, and that he suffers from nausea and fatigue. Blood was also found in his stools, but he has not been sent to the Medical Correctional Institution to have his condition assessed.

The court exhibited a callous disregard for the detainee’s health.

Meanwhile the “Department of Corrections has denied that Parit’s condition has worsened…”.

The ruling to deny bail was “signed by judge Tawan Rodcharoen. Judge Tawan delivered the verdict in the Joe Gordon lèse majesté case in 2011.” Joe had repeated bail requests denied. When he finally agreed to plead guilty and he was sentenced to 5 years.

The Bangkok Post reports that the Corrections Department has said that Parit is “physically well.” It quotes Department deputy director-general Thawatchai Chaiwat from Thursday, stating that “Parit could talk and was well and conscious. He was tired and had dry lips, but was not dizzy.” Thawatchai added that Panusaya who is also rejecting “food and took only drinking water, minerals, juice and milk,” is also “well, conscious, looked normal, talked understandably and was able to do her routines…”.

The lie in this is demonstrated. Parit is now hospitalized. The very same Corrections Department now states that Parit “was admitted over concerns he could go into shock if his condition worsened and require specialised care.”

TLHR warns that both Parit and Panusaya “are in deteriorating health…”.

Parit faces 20 lese majeste charges “which could result in a sentence of 300 years.” Meanwhile, “Panusaya faces nine cases under the law, which could lead to a 135-year sentence if convicted.”








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