Updated: 18 months and 200 lese majeste cases

The International Federation for Human Rights has issued a press release on the rise in Article 112 arrests and prosecutions:

According to information complied by TLHR, between 24 November 2020 and 16 June 2022, 201 individuals – including 16 children – have been charged under Article 112, which imposes jail terms for those who defame, insult, or threaten the King, the Queen, the Heir to the throne, or the Regent. Those found guilty of violating Article 112 face prison terms of three to 15 years for each count. Some lèse-majesté defendants face numerous prosecutions and prison sentences ranging from 120 to 300 years.

It goes on to observe:

Various United Nations (UN) human rights monitoring mechanisms have repeatedly expressed concern over Thailand’s lèse-majesté prosecutions and the severe application of Article 112. They have also called for the amendment or repeal of Article 112.

Since August 2012, the UN Working Group on Arbitrary Detention (WGAD) has declared the deprivation of liberty of nine lèse-majesté detainees to be “arbitrary” because it contravened several provisions of the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a state party. Eight of those detainees were released after serving their jail terms, while the ninth, Anchan Preelerd, remains incarcerated.

The arrest and prosecution of children under Article 112 is also inconsistent with Thailand’s obligation under international law. Article 13(1) of the UN Convention on the Rights of the Child (CRC), to which Thailand is a state party, stipulates that children have the right to freedom of expression, including freedom to seek, receive, and impart information and ideas of all kinds. Article 37(b) of CRC states that children should not be deprived of their liberty arbitrarily and that the arrest, detention, or imprisonment of children should be used as a measure of last resort.

Update: A reader comments:

Regarding the last sentence: I think that the powers that be are at the point of thinking that this is their last resort to maintain in power. They are increasingly feeling threatened and they will resort to ever increasingly irrational methods to stay in power.

Arbitrary 112 detention

Prachatai reports that the United Nations Working Group on Arbitrary Detention has urged the royalist regime to immediately release lese majeste detainee Anchan Preelerd.

Anchan, who is 65, is serving a prison sentence of 43 years and six months for violating Article 112. In fact, she was sentenced on 19 January 2021, almost six years after her arrest, to a mammoth 87 years in prison, with the sentence reduced because she finally agreed to plead guilty because she had already spent three years in prison pending her trial – what PPT calls lese majeste torture, waiting for her to plead guilty.

The “reduced” sentence was said to be the longest sentence ever under Article 112.

Clipped from Prachatai

The report states:

The WGAD opinion was issued in response to a complaint filed jointly by FIDH [International Federation for Human Rights] and Thai Lawyers for Human Rights (TLHR) to the UN body on 7 July 2021. In its opinion, the WGAD found the deprivation of liberty of Anchan under Article 112 to be “arbitrary” and called on the Thai government to “release her immediately,” taking into account the threat of the COVID-19 pandemic in places of detention, and to “accord her an enforceable right to compensation and other reparations.”

… The WGAD expressed its grave concern about the pattern of arbitrary detentions under Article 112, particularly those involving online expression, and the “serious harm to society” caused by the enforcement of the law.

The WGAD also called on the Thai government to bring Article 112 into conformity with Thailand’s obligations under international human rights law….

The WGAD declared Anchan’s imprisonment arbitrary because it contravened Articles 3, 8, 9, 10, and 19 of the Universal Declaration of Human Rights (UDHR) and Articles 2, 9, 14, and 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a state party. The referenced provisions of the UDHR and ICCPR guarantee the fundamental right to liberty, the right to a fair trial, and the right to freedom of opinion and expression.

… The WGAD found that Anchan’s deprivation of liberty lacked legal basis, because it stemmed from an arrest without a valid arrest warrant issued by a competent, independent, and impartial judicial authority. Anchan’s initial detention at the military base without being brought before a judge was also in violation of her right to challenge the lawfulness of her detention, guaranteed under Articles 8 and 9 of the UDHR and Articles 2 and 9(3) of the ICCPR. In addition, Anchan was detained pursuant to Article 112, a legislation that the WGAD has consistently found it “expressly violates international human rights law.”

The WGAD also ruled that Anchan was detained as a result of her “peaceful exercise of the right to freedom of expression.” The WGAD considered the audio clips concerning members of the Thai royal family that Anchan uploaded onto social media platforms to “fall within the boundaries of the exercise of the right to freedom of expression” under Article 19 of the UDHR and Article 19 of the ICCPR.

FIDH Secretary-General Adilur Rahman Khan stated:

The UN opinion on Anchan’s case underscores the supreme injustice to which she has been subjected and the recurring and serious human rights violations associated with the enforcement of Article 112. It’s time for the Thai government to break the chain of lèse-majesté arrests, prosecutions, and detentions and heed the growing domestic and international calls for the reform of Article 112….

FIDH and TLHR called “for the immediate and unconditional release of Anchan and all other individuals detained under Article 112.”

This is the ninth time since 2012 that the WGAD has found that lese majeste detainees were arbitrarily deprived of their liberty.

fidh appeal

The following is an appeal by Observatory for the Protection of Human Rights Defenders, a partnership of FIDH and the World Organisation Against Torture:

THA 002 / 0821 / OBS 083
Arbitrary detention /
Judicial harassment
Thailand
August 12, 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 eight pro-democracy activists, namely: Anon Nampa, prominent human rights lawyer; Parit Chiwarak, Nutchanon Pairoj, Sirichai Natueng, Thammasat University student activists; Phromsorn Weerathamjaree, Ratsadon Mutelu member; Panupong Chadnok, Eastern Youth for Democracy member; Thatchapong Kaedam, Free Youth member; and Jatuphat Boonpattararaksa, Dao Din member….

On August 9, 2021, police officers arrested Anon Nampa after he surrendered himself to the Pathumwan police station in Bangkok after learning that a warrant had been issued for his arrest. Mr. Anon was charged with violating Article 112 of the Criminal Code (“lèse-majesté”) and the Emergency Decree … for his participation in a peaceful protest on August 3, 2021, in Central Bangkok. During the protest, Mr. Anon made a speech in which he reiterated the pro-democracy movement’s call for the reform of the Thai monarchy.

On August 10, 2021, police denied Anon Nampa’s bail request arguing that he would present a high risk of re-offending, if released. After spending two nights in custody at the Pathumwan police station, on August 11, 2021, the Bangkok South Criminal Court approved the police’s request detention for Mr. Anon and denied him bail. The court argued Mr. Anon was accused of a serious offence, had breached previous bail conditions, and was likely to re-offend, if released. At the time of publication of this Urgent Appeal, Mr. Anon was being detained at Bangkok’s Central Special Treatment Centre, where he was undergoing COVID-19 testing and a 14-day quarantine. The Observatory recalls that it is not the first time that Mr. Anon faces charges under Article 112 and, if convicted in all the “lèse-majesté” cases pending against him, he could be sentenced to a total of 195 years in jail. Earlier this year, Mr. Anon was detained for 113 days on charges under Article 112. Similarly, Messrs. Parit and Panupong were detained for 92 and 85 days, respectively, on lèse-majesté charges. Mr. Parit was conditionally released on May 11, 2021, and Messrs. Anon and Panupong on June 1, 2021.

The Observatory notes with concern that between November 24, 2020 and August 9, 2021, 116 individuals, including Anon Nampa, Parit Chiwarak, Panupong Chadnok, and many other human rights defenders, were charged under Article 112 of the Thai Criminal Code (“lèse-majesté”).

On August 8, 2021, Parit Chiwarak, Nutchanon Pairoj, Sirichai Natueng, and Phromsorn Weerathamjaree were arrested in front of the Police Headquarters in Bangkok in connection with their participation in a peaceful protest on August 2, 2021, in front of the Border Patrol Police Region 1 Headquarters in Pathumthani Province. Protesters had gathered to demand the release of 32 fellow activists who had been arrested and detained in connection with another protest at the Narcotics Suppression Bureau in Bangkok earlier the same day. Later on August 8, 2021, Messrs. Parit, Nutchanon, Sirichai, and Phromsorn were taken into custody to the Khlong 5 police station and then to the the Border Patrol Police Region 1 Headquarters in Pathumthani Province.

On August 9, 2021, Panupong Chadnok and Thatchapong Kaedam were arrested after they reported themselves at the Khlong 5 police station in Pathumthani Province in relation to the August 2, 2021 protest. All six pro-democracy activists were charged with violating Article 215 of the Criminal Code (“leading an illegal assembly of more than 10 people” ), the Emergency Decree, and the Communicable Diseases Act. Three other protesters who accompanied Messrs.Panupong and Thatchapong at the Khlong 5 police station were also arrested and detained.

On August 9, 2021, the Thanyaburi Provincial Court approved the temporary detention request for Parit Chiwarak, Nutchanon Pairoj, Sirichai Natueng, Phromsorn Weerathamjaree, Panupong Chadnok, and Thatchapong Kaeda and denied them bail on the grounds that they acted without considering the society’s safety, peace, and order during the COVID-19 pandemic and that they would likely commit the same offenses if released. The six activists were then taken to the Rangsit Temporary Prison in Pathumthani Province, where they remained detained at the time of publication of this Urgent Appeal for a quarantine period of 21 days after which they would be transferred to the Thanyaburi Prison.

On August 9, 2021, police arrested Jatuphat Boonpattararaksa after he surrendered himself at the Thung Song Hong police station in Bangkok. Mr. Jatuphat was charged with violating the Emergency Decree and Article 215 of the Criminal Code, in connection with a protest held in front of the Thung Song Hong police station on August 3, 2021. Mr. Jatuphat, who was detained at Bangkok’s Central Special Treatment Centre at the time of publication of this Urgent Appeal, had no access to a lawyer until the afternoon of August 10, 2021.

The Observatory condemns the arbitrary detention and judicial harassment of the eight above-mentioned human rights defenders, 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 eight 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 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 Anon Nampa, Parit Chiwarak, Panupong Chadnok,Nutchanon Pairoj, Sirichai Natueng, Phromsorn Weerathamjaree, Thatchapong Kaedam, 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 Anon Nampa, Parit Chiwarak, Panupong Chadnok, Nutchanon Pairoj, Sirichai Natueng, Phromsorn Weerathamjaree, Thatchapong Kaedam, 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.

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
· Gen Apirut Kongsompong, Commander in Chief of the Royal Thai Army, Email: webadmin@rta.mi.th

· Pol Gen Chaktip Chaijinda, Commissioner-General of the Royal Thai Police, Email: info@royalthaipolice.go.th
· Mr. Prakairat Tanteerawong, National Human Rights Commissioner of Thailand, Email: Prakairatana@nhrc.or.th/ Prakairatanao@yahoo.com
· H.E. Mr. Thani Thongphakdi, Ambassador, Permanent Mission of Thailand to the United Nations in Geneva, Switzerland, Email: mission.thailand@ties.itu.int
· Embassy of Thailand in Brussels, Belgium, Email: thaibxl@pophost.eunet.be

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

The 112 virus

The number charged with lese-majeste has reached 100.

That’s the count by the International Federation for Human Rights (FIDH) and Thai Lawyers for Human Rights (TLHR). They say that the “overwhelming majority of these cases have stemmed from online political expression and the participation in peaceful pro-democracy demonstrations that took place between August 2020 and March 2021.”

FIDH Secretary-General Adilur Rahman Khan states:

“The vigorous enforcement of Article 112 to criminalize the actions of pro-democracy activists, protesters, and critics of the monarchy has resulted in blatant violations of the rights to liberty, freedom of expression, and fair trial. The Thai government must end this abuse and immediately heed calls for the amendment of Article 112.

The two organizations made a call for “Thai authorities to end legal prosecution against individuals exercising their right to freedom of expression and to amend Article 112 to bring it into line with Thailand’s human rights obligations under the ICCPR [International Covenant on Civil and Political Rights]…”.

We at PPT fear that the number charged may exceed 100 as some cases are kept secret or are held in places where the news doesn’t get out. It should also be remembered that there are many other cases where charges have yet to be brought.

TLHR reports that, between 24 November 2020 and 11 June 2021, with 100 individuals charged, “eight are children (i.e. individuals under the age of 18).” And, several “[p]rominent pro-democracy activists have been especially targeted. Some of them face numerous prosecutions under Article 112 in connection with multiple cases, which could result in very long prison terms.”

Worryingly, as this call is made, right-wing fascists and other royalists are calling for more charges and jailings. The Nation reports that the execrable Nangnoi Assawakittikorn “led an army of royalist ‘Minions’ to the Technology Crime Suppression Division (TCSD), where they urged police to crack down on violators of the lese majeste and computer crime laws.”

Clipped from The Nation

Calling themselves “the Thailand Help Centre for Cyber-bullying Victims…”, it is Nangnoi’s group that are the bullies, including of children.

Making herself snitch-in-chief of the royalist minions, Nangnoi “handed what she said was evidence of lese majeste to the police. Most of it consisted of comments posted on media websites such as The Standard, Channel One News, Workpoint Today, Nation TV and TikTok.” Police said she was calling for charges against another 90 individuals.

It seems likely that the regime will listen to their rightist allies rather than to those calling for constitutional human rights to be observed.

HRW on arrests

Human Rights Watch has issued a note on some of the recent arrests of political activists:

Thailand: Drop Charges, Free Democracy Activists
Thailand: Drop Charges, Free Democracy Activists Authorities Disregard Own Pledge to Allow Dissent

(New York) – Thai authorities should immediately drop all charges and unconditionally release prominent pro-democracy activists arbitrarily detained for their role in peaceful protests, Human Rights Watch said today. On August 19, 2020, Thai police separately arrested Arnon Nampha, Baramee Chairat, Suwanna Tanlek, and Korakot Saengyenphan, charged them with sedition and other offenses, and jailed them.

“The Thai government’s repeated promises to listen to dissenting voices have proven meaningless as the crackdown on pro-democracy activists continues unabated,” said Brad Adams, Asia director. “The authorities should right their wrong and immediately drop the charges and release Arnon and other detained activists.”

Police arrested Arnon, a defense lawyer with the Thai Lawyers for Human Rights, outside the Bangkok Criminal Court after he finished his day’s cases. He was charged with sedition, which carries a maximum seven-year prison term, assembly with an intent to cause violence, violating the ban on public gatherings, and other criminal offenses related to his involvement in a pro-democracy protest in Bangkok on August 3. At the protest, he wore a Harry Potter costume and publicly demanded reforms to bring Thailand’s monarchy into conformance with democratic constitutional principles. The police detained him at the Chanasongkram Police Station in Bangkok.

Three other activists – including Baramee from the Assembly of the Poor in Bangkok, Suwanna from the June 24 for Democracy Movement, and Korakot from the Democracy Restoration Group – also face sedition and other charges similar to those brought against Arnon. They have been detained at Bangkok’s Samranrat Police Station.

The police previously arrested Arnon on similar charges together with another pro-democracy activist, Panupong Jadnok, on August 7. A week later, on August 14, the police arrested a well-known student leader, Parit “Penguin” Chiwarak, bringing similar accusations.

These six activists are among 31 people whom the police were purportedly seeking to arrest for speaking onstage at a protest sponsored by the Free Youth Movement in Bangkok on July 18. Since the Free Youth Movement held that peaceful protest in front of the Democracy Monument demanding democracy, political reforms, and respect for human rights, youth-led protests by various groups have spread across in Thailand. The largest protest was in Bangkok on August 16, with more than 20,000 participants calling for the dissolution of parliament, a new constitution, respect for freedom of expression, and reforms of the institution of the monarchy to curb the current monarch’s powers.

Prime Minister Gen. Prayuth Chan-ocha has denied that he ordered the police to arrest the activists and has maintained his pledge to listen to the youth protests. “There has been no order from the prime minister to target those activists,” General Prayuth said during a media interview on August 15. “The police simply use their own judgment and carry out their duty to uphold the law. In the current situation all sides should be reasonable and listen [to each other]. We need to avoid provocation and confrontation.”

The International Covenant on Civil and Political Rights (ICCPR), which Thailand ratified in 1996, protects the rights to freedom of expression and peaceful assembly. However, Thai authorities have routinely enforced censorship and gagged public discussions about human rights, political reforms, and the role of the monarchy in society. Over the past decade, hundreds of activists and dissidents have been prosecuted on serious criminal charges such as sedition, computer-related crimes, and lese majeste (insulting the monarchy) for the peaceful expression of their views.

Government repression has intensified in Thailand over the past five months as the authorities used state of emergency powers assumed by the government to help control the Covid-19 pandemic as a pretext to ban anti-government protests and harass pro-democracy activists.

International pressure is urgently needed to press the Thai government to end the crackdown on pro-democracy activists and peaceful protests, and release those arbitrarily detained, Human Rights Watch said.

“The United Nations and concerned governments should speak out publicly against the rolling political repression in Thailand,” Adams said. “Thai youth are increasingly demanding real progress toward democracy and the rule of law so they can freely express their visions for the future of the country.”

Updated: Challenging arbitrary lese majeste

Prachatai reports that the U.N. Human Rights Council’s Working Group on Arbitrary Detention has concluded that lese majeste victims Sasiwimon S. and Tiensutham or Yai Daengduad are detained arbitrarily.

The UN has concluded that the detention and sentencing of the two was done arbitrarily. Each received sentences that amount to decades in jail.

In other words, “the detention of the two was against the international conventions in which Thailand is a state party of such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.”

Some time ago the same U.N. body also “concluded that the detention of four lèse majesté convicts were arbitrary. The four are: Somyot Prueksakasemsuk, Pornthip Munkong, Patiwat Saraiyaem, Phongsak S.”

The military dictatorship will more or less ignore this U.N. declaration as the use of the lese majeste law is critical for its suppression of opponents of the junta and the monarchy.

When it does reply to the U.N. it lies. Last time, in June 2017, the junta lied that “the state protects and values freedom of expressions as it is the foundation of democratic society…”. This is buffalo manure and no one anywhere believes it.

The regime added that freedom and democracy were only possible when they do not impact “social order and harmony.” Like fascist and authoritarian governments everywhere, they mean that freedom and democracy are not permitted in Thailand.

The regime also claims that lese majeste “is necessary to protect the … [m]onarchy as the monarchy is one of the main pillars of Thai society…”.

That’s why the regime sent Sasiwimol, a 31-year-old single mother of two to 56 years in jail for allegedly posting seven Facebook messages considered lese majeste. How she threatened to undermine the monarchy is unclear.

Yai Daengduad, who is 60 years old was sentenced to 50 years in a junta prison for lese majeste.

Neither could appeal as they were dragged before one of the dictatorship’s military courts.

Meanwhile, Khaosod reports that the iconoclastic former lese majeste convict, Akechai Hongkangwarn has been confronted by a squad of uniformed military thugs for saying that he’d wear red for the dead king’s funeral. The thugs demanded he “choose between spending a few days at what they described as a resort in Kanchanaburi province or a military base at an unspecified location…”.

Of course, in royalist and neo-feudal Thailand, saying one would refuse to wear black is considered unacceptable. Akechai has been subject to a barrage of threats and hate mail and posts declaring him “unThai.”

Akechai “said it was not about disrespecting the [dead] king but exercising his rights.”

Royalists cannot accept that anyone has rights when it comes to the monarchy; there are only (enforced) duties.

They have encouraged attacks on Akechai and his house.

This is royalist Thailand.

Update: An AP report states that Akechai has been arrested: “A lawyer for Ekachai Hongkangwan said soldiers arrested Ekachai at his Bangkok home on Tuesday morning and indicated they would detain him outside the city, in Kanchanaburi province.”

UN “very concerned” on lese majeste

They have been saying it for several years now, but UN expressions of concern about lese majeste madness in Thailand deserve repeating. The call is to amend the law. That’s unlikely to happen any time soon, so a watered-down squeak for amending might as well be a real demand for abolition. That won’t happen either, but it needs to be shouted again and again.

The following is the whole post from the UN Human Rights -Asia Facebook page:

We are very concerned by the rise in the number of lèse majesté prosecutions in Thailand since 2014 and the severity of the sentencing, including a 35-year jail term handed down last Friday against one individual. A Thai military court found Wichai Thepwong guilty of posting 10 photos, videos and comments on Facebook deemed defamatory of the royal family. He was sentenced to 70 years in jail, but the sentence was reduced to 35 years after he confessed to the charges.

This is the heaviest sentence ever handed down under Article 112 of the Criminal Code, which is also known as the lèse majesté law. The previous heaviest sentences were handed down in 2015, when three people were jailed for between 25 and 30 years by military courts on the same charges. The offence carries a penalty of three to 15 years in jail for each charge of insulting the monarchy.

Between 2011 and 2013, 119 people were investigated for insulting the monarchy. Over the last three years, between 2014 and 2016, that figure has more than doubled to at least 285.

Statistics provided by Thai authorities show there has been a sharp fall in the number of people who have been able to successfully defend themselves against lèse majesté charges. From 2011-13, around 24 percent of people charged with the offence walked free, but over the next three years, that number fell to about 10 percent. Last year, that figure was only 4 percent.

While our Office appreciates the complexity and sensitivity of the issue surrounding lèse majesté in Thailand, we are deeply troubled by the high rate of prosecutions and the courts’ persistence in handing down disproportionate sentences for the offence. All people have the right to freedom of expression, including when it comes to criticising public figures. Imprisonment of individuals solely for exercising the right to freedom of expression constitutes a violation of Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which Thailand acceded to in 1996. In March 2017, the UN Human Rights Committee, which reviews implementation of the ICCPR, concluded that Thailand should review Article 112 of the Criminal Code to bring it into line with Article 19 of the Covenant.

We also have concerns about the conduct of the trials since the military coup of 2014. Most of the lèse majesté cases have been tried before a military court, and the hearings have been closed to the public. Most of the accused have been denied bail and some held for long periods in pre-trial detention. While we welcome the Government’s decision in September 2016 to cease hearing future lèse majesté cases in military courts, we reiterate our call to authorities to apply this is to all pending cases, retroactively.

Our Office calls on the Thai Government to immediately amend the lèse majesté law to bring it in line with international human rights standards and to review all cases brought under Article 112 of the Criminal code.

Spokesperson for the UN High Commissioner for Human Rights: Rupert Colville
Location: Geneva

On the junta’s use of lese majeste

Reproduced in full from the International Federation for Human Rights (FIDH), Union for Civil Liberty (UCL) and Internet Law Reform Dialogue (iLaw):

(Bangkok, Paris) The number of individuals arrested on lèse-majesté charges since the May 2014 military coup has passed the 100 mark, FIDH and its member organizations Union for Civil Liberty (UCL) and Internet Law Reform Dialogue (iLaw) said today.

“In less than three years, the military junta has generated a surge in the number of political prisoners detained under lèse-majesté by abusing a draconian law that is inconsistent with Thailand’s international obligations.”

Dimitris Christopoulos, FIDH President

Article 112 of Thailand’s Criminal Code (lèse-majesté) 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.

The number of people who have been arrested under Article 112 of the Criminal Code has reached 105, following the arrest of six individuals on 29 April 2017. Forty-nine of them have been sentenced to prison terms of up to 30 years. To date, at least 64 individuals are either imprisoned or detained awaiting trial on lèse-majesté charges. At the time of the 22 May 2014 coup, there were six individuals behind bars under Article 112. Eighty-one of the 105 cases involved deprivation of liberty for the exercise of the right to freedom of opinion and expression. The remaining cases are related to individuals who were arrested for claiming ties to the royal family for personal gain.

“Many of those arrested are democracy activists and outspoken critics of the military regime. In some instances, they were kidnapped from their homes by military officers and interrogated in secret for several days in military camps before being formally charged. Lèse-majesté defendants are rarely granted bail, and so spend months or even years fighting their cases while in detention. All of this makes a mockery of ‘justice’ in Thailand’s justice system.”

Jon Ungpakorn, iLaw Executive Director

On 28 March 2017, following the review of the country’s second periodic report under the International Covenant on Civil and Political Rights (ICCPR) in Geneva, Switzerland, the UN Human Rights Committee (CCPR), expressed concern over the “extreme sentencing practices” for those found guilty of lèse-majesté. The CCPR recommended Thailand review Article 112 to bring it into line with Article 19 of the ICCPR and reiterated that the imprisonment of persons for exercising their freedom of expression violates this provision. The CCPR also demanded the authorities release those who have been deprived of their liberty for exercising their right to freedom of expression.

“The Thai government has run out of excuses to avoid reforming lèse-majesté. Article 112 must be brought into compliance with Thailand’s international obligations as demanded by numerous UN mechanisms.”

Jaturong Boonyarattanasoontorn, UCL Chairman

UN Human Rights Committee findings

The UN Human Rights Committee has published its findings on the civil and political rights record of countries it examined during its latest session. These findings are officially known as “concluding observations.” They contain “positive aspects of the respective State’s implementation of the International Covenant on Civil and Political Rights (ICCPR), and also main matters of concern and recommendations.”

All of the reports generated for Thailand’s review, including the Concluding Observations are available for download.

The Committee report begins by welcoming Thailand’s “submission of the second period report of Thailand, albeit 6 years late, and the information contained therein.”

There are 44 paragraphs of concerns and recommendations. There’s a lot in it: refugees, enforced disappearances, Article 44, freedom of expression, torture, constitutional issues, arbitrary detention, the National Human Rights Commission, military courts, problems in the south, repression during the constitutional referendum, defamation, computer crimes, sedition and much more.

We just cite the comments on lese majeste:

37. The Committee is concerned that criticism and dissention regarding the royal family is punishable with a sentence of three to fifteen years imprisonment; and about reports of a sharp increase in the number of people detained and prosecuted for this crime since the military coup and about extreme sentencing practices, which result in some cases in dozens of years of imprisonment (article 19).

38. The State party should review article 112 of the Criminal Code, on publicly offending the royal family, to bring it into line with article 19 of the Covenant. Pursuant to its general comment No. 34 (2011), the Committee reiterates that the imprisonment of persons for exercising their freedom of expression violates article 19.  

Human Rights Committee report

A reader points out that we should have linked to the U.N.’s Human Rights Committee report on the second periodic review of Thailand’s implementation of the provisions of the International Covenant on Civil and Political Rights.

For those interested, it is here. That report also links to Thailand’s official country report, which can be read here: CCPR/C/THA/2, although that report seems dated to us.