Bangkok Post appoints military stooge

A few days ago, the Bangkok Post reported that Bangkok Post Public Company Limited had appointed military stooge and former deputy prime minister Wissanu Krea-ngam as its chairman of the board of directors.

In one sense, this is no surprise. After all, as the establishment’s in-house English mouthpiece, it might be expected that a suitable reward would be found for a loyal stooge, acknowledging his years of service to the ruling class’s mission of supporting military coups and their repressive regimes, defending it against popular democracy, trashing human rights, locking up dozens of kids, and defeating progressives, while keeping extraordinary wealth flowing to the oligarchic capitalists.

The Post makes much of Wissanu’s legal background and the fact that he was previously a “member of the Bangkok Post board from 2010 until he resigned on Aug 29, 2014, prior to his appointment as a deputy prime minister in the Prayut Chan-o-cha administration.” Yes, he skipped over to General Prayuth’s military junta.

The Post is not doing very well as a company, but if one looks at the Board of Directors, Wissanu at 72 will be parking aged posterior with a bunch of aged men around a directors’ table that includes many of its owners from the Chirathivat (Central) and Sophonpanich (Bangkok Bank) families, both Sino-Thai tycoons.

The establishment rewards its loyal servants.

Crushing opponents

From Glitter

AFP reports that Arnon Nampa has had another two years added to his existing sentence of eight years, now convicted on three counts of lese majeste. In total, Arnon has now been given 10 years and 20 days in prison.

It was the criminal court in Bangkok that yesterday sentenced Arnon to two years and 20 days for speech he made at a 2021 protest and added a $4 fine for using a loudspeaker.

He was found guilty of four charges including Article 112, defying the emergency decree, and “using a loudspeaker without permission…”.

Arnon denied all charges and plans to appeal.

Thai PBS reports that the charges related to “a Harry Potter-themed rally at the Bangkok Art and Culture Centre on August 3rd, 2021.” Because Arnon has been hit with so many lese majeste charges, we are thinking he has another Harry Potter 112 case in the works as well. This other case was reported by Thai Lawyers for Human Rights and Glitter.

The establishment is using Arnon as a “message case,” telling young people to behave of be jailed. Because he is articulate, outspoken, and appeals to younger Thais, Arnon is feared by his oppressors.

Much to lose, much to protect

VOA has an article reminding its readers of the popularity of Move Forward and the strength of the monarchy.

As it faces dissolution, as recent polls show, Move Forward and its leaders remain remarkably popular with the electorate. As Thaksin Shinawatra can attest, popularity is seen by the establishment as a threat to the existing order and, at its core, the monarchy.

As the article points out, this popularity derives from “a radical slate of reforms for equitable governance — to cut the military from power, break up an economic monopoly and amend the royal defamation law, known as lèse-majesté, which criminalizes criticism of the powerful monarchy.” In many places, such reforms would not be seen as “radical,” but this is royalist Thailand.

A Move Forward spokesperson stated the obvious: “We’ve seen party dissolution being used as one of the tools against parties that are opposite from the establishment institution of Thailand…”.

Clipped from Asia Democracy Chronicles

The article makes another obvious point:

Thailand’s monarchy is extremely powerful, and the royal defamation law protects it from criticism, with sentences of up to 15 years per conviction.

Dozens of young pro-democracy activists have been jailed in the last few years under the law.

That the monarchy remains powerful despite the youthful rebellion against it in 2020-21 demonstrates, for royalists, how important Article 112 is for maintaining the socio-economic and political order.

But does all of the establishment action against Move Forward suggest that the ruling class are in their death throes? Does party dissolution really “… make … no difference,” as legal academic Prinya Thaewanarumitkul says, arguing:

The coalition government will get slightly stronger [without an opposition]. But when it comes to the next election, there will be four million new voters. Without the appointed Senate, it’s highly likely that the MFP’s next version will be the government.

We can’t help wondering if the establishment doesn’t have a plan for that as well…. It has much to lose and much to protect.

Thongchai on 112

It is not often that a critique of Article 112 appears in the local English-language press. Interestingly, The Nation has a story reporting Thongchai Winichakul’s comments at a recent online seminar held by Thai Lawyers for Human Rights.

An emeritus professor at the University of Wisconsin-Madison and an Octobrist, as PPT and many others have observed for years, there are “two legal principles operate in Thailand’s single legal system.”  He explained that:

“Royalist jurisprudence” replaces the normative rule of law in cases dealing with relations between the monarchy and the people….

Thailand’s justice system ”does not follow the normative principle and rule of law but has its own jurisprudence and legal system based on its own kind of rule by law…”.

He uses a definition of “normative jurisprudence” as “a set of moral and legal principles that come from a universal understanding of human nature or justice, rather than from laws made by specific governments.” He thinks that “Thailand’s lese majeste law … centred on the deep-rooted ‘Buddhist kingship notion’…”, where the “monarch … stands above the law and retains a position of revered worship…”.

The way this is reported, few ultra-royalists would disagree. (PPT did not participate in the seminar.) However, Thongchai goes further, arguing that “[Article] 112 is a form of blasphemy law like those used by other religious states because it’s based on radical fundamentalist Buddhist ideas…”.

He also observes “that Thai jurisprudence also normalises exceptions to normal criminal procedure by routinely denying bail release to citizens charged under Article 112.”

For PPT, this is the essence of double standards.

Thongchai fears “that if this trend continues, … Thailand would turn from a democratic system with the King as head of state into a semi-absolutist system.”

Arguably, that’s been the royalist plan since at least 1946.

Politics vs. the crown

In February, Thai Lawyers for Human Rights reported that almost 2,000 people, mostly youngsters, face charges for exercising their rights to speech and assembly. Many of these face lese majeste charges.

But the current prime minister and his party seem to dismiss the notion that “politics” does not involve the monarchy.

Responding to commentary by his boss, Thaksin Shinawatra – characterized as “Pheu Thai’s spiritual leader” – Prime Minister Srettha Thavisin stated that he “believes all political fugitives, including former premier Yingluck Shinawatra, are welcome to return to Thailand, provided they undergo the judicial process.”

But, as seen with Thaksin’s own return, there are gaping double standards in the “judicial process.” Clearly, in his case, he was given a dream run, facilitated by the palace deal and the Puea Thai-led coalition.

Obviously, the “political fugitives” that Thaksin and Srettha are intent on returning are their political allies.

Implicitly Srettha is rejecting amnesty and obviously running and hiding from anything to do with lese majeste. Kids charged under Article 112 are being left to a “judicial system” that is highly politicized and determined to punish them. “Law” hardly matters.

Vigilante 112 (again and again)

Political activist Nawat Liangwattana has been charged with 112 offenses for the sixth time.

As is so very common, Prachatai reports that the complaint was filed by Anon Klinkaew, the self-appointed leader of an ultra-royalist “group” that misnames itself the People’s Centre to Protect the Monarchy.

That these individuals, acting in the name of the monarchy, are taken seriously and are responsible for scores of lese majeste complaints, suggests they are complicit with state bodies and institutions, not least the palace.

Prachatai points out that:

Anon has filed several royal defamation complaints against activists and netizens. He has also been involved in attacks on pro-democracy activists and citizen journalists.

Nawat reported to the Pathumwan Police Station on 23 March 2024 to answer the charge that was from a 14 August 2023 protest that began at the “Pathumwan Intersection and moved to the Ratchaprasong Intersection to commemorate the protesters who died in the 2010 crackdown…”. This was a murderous attack by the military and the Abhisit Vejjajiva regime on red shirt protesters.

In his speech, Nawat called for justice to be given to those who died, stating that “…no one should have been killed by the crown’s bullets.”

This statement was said to imply “malicious intent towards the [k]ing,” and was thus an infraction of Article 112.

Nawat denies this. He was not detained.

Penguin’s 112 “record”

Parit Chiwarak or Penguin, who has been spending time in the monkhood, has recently “reported to police this week to answer another lese-majeste case, bringing the total number he faces to a record-setting 25…”.

If he was convicted on all charges, the total sentence would be between 75 and 375 years in prison.

According to Thai Lawyers for Human Rights, this latest case stems from a complaint made by former Palang Pracharath Party MP Pareena Kraikupt over “a social media post he made in December 2021…”.

In 2022, Pareena was banned from politics by the Supreme Court’s Criminal Division for Holders of Political Positions, for “ethical” violations.

Penguin’s social media post was about a Constitutional Court ruling where he is “accused of offending the monarch as well as violating the computer crime law.”

Penguin “met with investigators at the Thong Lor police station on Thursday and denied both charges against him. He also refused to have his fingerprints taken and told investigators he would submit a statement of defence within 30 days. He was released after acknowledging the charges.”

Lese majeste and amnesty

PPT was pleased to see that, despite the efforts of the Constitutional Court, Move Forward Party is continuing to pursue a political pardon for those charged and convicted of lese majeste.

The Bangkok Post reports that Move Forward MP Karunpol Thiansuwan “insisted … any amnesty bill should seek to absolve lese majeste offences…”.

The opposition MP “he stands by the party’s principle that lese majeste offences should be included.”

Move Forward’s “version of the bill would offer amnesty to all individuals charged in politically motivated cases since the February 2006 protests up until the present time.”

Royalists are furious and see the amnesty as another strike upon the monarchy.

Karunpol also said the party will “tread carefully when advancing its policy on the lese majeste law in the wake of the Constitutional Court ruling concerning its previous push for changes to the law.” He emphasized “the legislative channel.”

Puea Thai continues to wobble, saying only that “amnesty should bring about national reconciliation and must not cause more conflicts when asked about the party’s approach to lese mejeste offences.” That’s code for no 112 in the amnesty bill.

Release Mongkol, repeal 112

Posted at CIVICUS:

The Asian Forum for Human Rights and Development (FORUM-ASIA), CIVICUS: World Alliance for Citizen Participation, and Asia Democracy Network (ADN) strongly condemn the conviction of Mongkorn ‘BusBas’ Thirakot, a 30-year-old activist and online clothing retailer from Chiang Rai.

BusBas has been sentenced to an unprecedented 50 years in prison–the longest in Thailand’s history–for his remarks on the monarchy. This marks the most severe sentence ever issued under Thailand’s draconian lèse-majesté …  law, surpassing the previous record set in 2021 when a woman received a 43-year sentence.

Civic space in Thailand was rated as ‘repressed’ by the CIVICUS Monitor.

Our organisations  express solidarity with BusBas and all pro-democracy defenders in Thailand. We call upon the Thai authorities to release activists, to repeal the lèse-majesté law, and to refrain from further undermining people’s fundamental rights and freedoms.

Suppressing Freedom of Expression

Arrested in April 2021, Bas was initially sentenced to 28 years in January for 14 counts of royal defamation for Facebook posts he made three years ago. On 18 January 2024, the Appeals Court affirmed the original conviction and added 11 more violations to his charges. For each violation, a 3-year imprisonment term was imposed. Considering the defendant’s cooperation, a one-third reduction was granted, culminating in a total of 22 years in prison under Article 112 of Thailand’s criminal code over his 27 Facebook posts. When combined with the initial 28-year sentence from the Court of First Instance, the overall sentence stands at 50 years of imprisonment.

Lèse-majesté, also known as the offence of injury to royalty, is stipulated in Article 112 of the Thai Criminal Code. This statute specifies that making defamatory, insulting, or threatening remarks about the king, queen, or regent can result in a maximum penalty of 15 years for each alleged violation.

According to Thai Lawyers for Human Rights, at least 262 individuals have faced charges related to lèse-majesté since 2020. This surge in legal actions coincided with unprecedented youth-led street protests wherein protest leaders openly criticised the monarchy.

‘Thailand as a State Party to the International Covenant on Civil and Political Rights (ICCPR) must respect and protect fundamental freedoms for all individuals. We reiterate our call to repeal Article 112 and all other laws used to curtail free speech. Likewise, we demand an immediate and unconditional release of all detainees held in prison under this act. The Thai Government must ensure a secure and supportive environment for all human rights defenders to exercise their basic freedoms as outlined in the ICCPR,’ the organisations stressed.

Overturn the Conviction

FORUM-ASIA, CIVICUS, and ADN are urging the Thai Government to overturn BusBas’ conviction. We demand the immediate release of BusBas, pro-democracy activist Arnon Nampa, and all other human rights defenders in Thailand.

In addition, we endorse the call for the abolition of the lèse-majesté law as its contents and enforcement are in conflict with international human rights standards.

In the first place, individuals exercising their rights to freedom of expression and peaceful assembly should never be criminalised and silenced. Laws that unfairly shield public figures from criticisms and suppress political dissent have no place in  a vibrant civic space.

We call on the Government of Thailand to fulfil its international obligations by upholding the people’s right to freedom of expression and peaceful assembly.

Updated: 112 madness continues

The BBC reports that the appeals court has sentenced 30 year-old Mongkol Thirakhote to 50 years in jail for lese majeste.

Mongkol had originally been sentenced to 28 years for posts he made three years ago on Facebook. That sentence was reduced fro 42 years because he cooperated. He appealed. On 18 January 2024, the court added an extra 22 years to the sentence. In other words, in total, the courts gave him 64 years jail.

The judge in the case “said he had already reduced Mr Thirakot’s sentence by a third because of the defendant’s co-operative behaviour.” But, then, referring “to multiple comments on Facebook, and Thai courts typically pile on additional convictions for each individual post,” the extra years were piled on.

Reuters says that the judge “found more royal insult violations…”. It adds: “Mongkol was arrested in April 2021 and received a 28-year sentence last January for 14 violations of lese majeste. The appeal court confirmed his prior conviction and found him guilty of 11 more violations.”

How this happened is not immediately clear and PPT cannot recall a similar outcome from an appeal. In the past, judges have been pressured by their bosses and others higher up. Reuters suggests that the judge “found more royal insult violations…”.

It is a mad royalist (in)justice system.

Update: Prachatai has further information on the court’s inhumane ruling:

On 26 January 2023, the Chiang Rai provincial Court found him guilty on 14 out of 27 counts of royal defamation and sentenced him to 28 years in prison, ruling that 13 of the posts did not constitute an offense under the royal defamation law because they did not refer to a specific person or referred to the late King Bhumibol, while some posts that contained pictures of King Vajiralongkorn were not defamatory.

However, the Appeal Court found Mongkhon guilty on an additional 11 counts because he used profanities and posted parodies or disrespectful images of the King, which were defamatory and damaged the King’s reputation and cannot be considered criticism or symbolic display of protest.

The Appeal Court also ruled that 9 of the posts which referred to King Bhumibol, for which the Court of First Instance found Mongkhon not guilty, also constitute an offense under the royal defamation law. It cited a Supreme Court ruling from 2013 that the royal defamation law also covers past monarchs.

For two other posts which do not refer to specific kings, the Appeal Court found Mongkhon guilty since it ruled that his intention to defame the King was clear.

It adds that Mongkol’s lawyer asked for bail to appeal the mammoth sentence. The Chiang Rai Provincial Court sent this request to the Supreme Court, which denied bail on the grounds that Mongkol was a flight risk “since he was given such a high sentence.” He remains incarcerated at the Chiang Rai Central Prison.