Virus of double standards II

11 04 2021

The Bangkok Post reports that at least 22 “detained on charges related to the protests,” mostly using Article 112.

While the Criminal Court has granted bail to Patiwat Saraiyaem, on the basis that he “pledged not to breach Section 112 … and also stay away from political rallies…”, it refused bail for to other political prisoners, Somyos Pruksakasemsuk and Jatuphat Boonpattaraksa.

The report adds that Somyos and Jatuphat “joined other protest figures in signing a letter expressing their intention to withdraw their lawyer from their Section 112 trial,” but did not detail the complaints made by the detainees.

Thai PBS states that the “court said that it doubts the credibility of the two Ratsadon leaders’ pledge not to mention the revered institution in future protests, after they refused to recognize the trial process.”

Prachatai provides an account of the withdrawal of defense lawyers, based on Thai Lawyers for Human Rights:

22 people facing charges relating to the protests on 19 – 20 September 2020, including 7 protest leaders facing lèse majesté charges, have withdrawn their legal representation in protest at court measures and treatment by prison officials which deny them the right to a fair and open trial.

The 22 are listed as:

The 23 defendants in the case are Chinnawat Chankrachang, Nawat Liangwattana, Nattapat Akhad, Thanachai Aurlucha, Thanop Amphawat, Thanee Sasom, Phattaraphong Noiphang, Sitthithat Chindarat, Suwanna Tallek, Anurak Jeantawanich, Nutchanon Pairoj, Atthapol Buaphat, Adisak Sombatkham, Panusaya Sithijirawattanakul, Parit Chiwarak, Anon Nampa, Somyot Prueksakasemsuk, Panupong Jadnok, Jatupat Boonpattararaksa, Chukiat Saengwong, and Chaiamorn Kaewwwiboonpan.

The defendants “requested to withdraw their legal representation and their lawyers requested to be released from their duties.” They consider the “courtroom has been made into a prison.”

The defendants and lawyers say they are not receiving a fair and open trial and their rights are not being respected. According to TLHR the defendants:

  • have not been allowed to speak to their lawyers individually and confidentially, as they were always under the control of prison officials
  • who are detained pending trial and those granted bail have not been allowed to discuss the case with each other
  • family members and other individuals have been prevented from observing the proceedings, with some family members initially forbidden from even entering the court building and told by court police that they do not have permission to enter the courtroom
  • family members have been prevented from personal contact with the political prisoners, and at times they have been prevented from handing over personal items and food

Political prisoner and lawyer Arnon Nampa wrote a declaration to the court saying:

… he would like to withdraw all legal representation on the ground that he has been denied bail and treated in ways which are degrading, that he cannot participate in a judicial process which is “carried out with fear and without taking human dignity into account.” He also wrote that the law has been used to silence the demands of the younger generation, that violence has been used to suppress protests, and that their detention will lead to fear in society and no one will dare to speak the truth.

“In this trial, our right to fully fight the case has been violated,” he wrote. “The courtroom has been made into a prison.” He then went onto say that the process is unconstitutional, and that the defendants and lawyers agreed that if they continue to participate in the procedure, they would be promoting a process of injustice.

“This case has involved the destruction of human dignity, the use of the law to silence people, and many other forms of injustice. As a person who has studied the law and who practices as a lawyer, and as one of the citizens who aim to reform the monarchy, the defendant cannot continue to participate in this process. The defendant whose name is at the end of this petition therefore requests to withdraw legal representation and refuses this process,” Anon wrote.





All about repression

8 04 2021

Yesterday, it was reported by the Bangkok Post that “[a]n adviser to the House Committee on Law …[had] filed a complaint with police against protest leader Jatuporn Prompan for allegedly violating the lese majeste law.”

The culprit is Sonthiya Sawasdee, who “asked police at Chana Songkhram station to look into Mr Jatuporn’s speech that he delivered on Sunday at the Santiporn Park … — where he held a mass protest for the Sammakhi Prachachon Pheu Prathet Thai (People’s Unity for Thailand) — to see if it violated the lese majeste law.”

The protest was in fact held to demand the resignation of coup leader and Prime Minister Gen Prayuth Chan-ocha, and as far as we could tell, tried to avoid commentary on the monarchy.

Still, royalist “protector” and regime lackey Sonthiya said “he believed Mr Jatuporn’s speech violated the lese majeste law but added that it was up to the police to decide whether or not to press charges against him.” Quite oddly and in the face of all evidence, Sonthiya claimed “[t]he authorities enforced the lese majeste law out of good intentions to create peace in the country…”.

In fact, we all know that the use of 112 is as a tool of political repression.

That repression is the regime’s main task is is illustrated by another Bangkok Post today which has police summoning 36 people “involved in Sunday’s protest … to answer a slew of charges that could also include lese majeste.” The report states that:112

Red-shirt leader Jatuporn Prompan, who organised the mass gathering on behalf of the “Thai Mai Thon (Impatient Thais)” group and Adul Khiewboriboon, leader of the Samakkhi Prachachon group, will be among 14 people summoned to meet investigators and answer charges next Thursday, Pol Maj Gen Piya Tawichai, deputy commissioner of the Metropolitan Police Bureau said on Wednesday.

The other 14 people will be summoned to answer charges the following day, he said.

Twelve other people who had a role in the rally at Santiporn Park that spilled over into Monday were also found to have violated several laws and will soon be summoned to face charges as well, he said.

Pol Maj Gen Piya “reiterated that all public gatherings are now considered unlawful under the emergency decree and the disease control law, being implemented to contain the spread of Covid-19.”

This is an increasingly bizarre claim, but one that’s been made several times. In fact, it is ministers slipping off to bars for a bit of sexual stimulation and gratification is demonstrably a more serious virus threat, as is poor policy. and bizarre behavior.

In any case this emergency decree has mainly been used as another tool for political repression.

Police confirmed that they are “examining a recording of a speech Mr Jatuporn delivered at Sunday’s gathering to determine whether comments made violated Section 112 of the Criminal Code…”.

By our rough calculations, there are currently about 80 active lese majeste cases and another 30-40 “under investigation.”





Updated: Going for broke

31 03 2021

The regime apparently thinks it is strong enough to go for broke on lese majeste and nail its prime target Thanathorn Juangroongruangkit. Given that it was actions against Thanathorn and the Future Forward Party more than a year ago that set off anti-regime protests, this move represents the regime’s victory lap.

ThanathornThanthorn has appeared before police to acknowledged the Article 112 charge filed by the regime.

Now chairman of the Progressive Movement, he “went to Nang Loeng Police Station in Bangkok on Tuesday morning to acknowledge the charge involving his Jan 18 Facebook Live criticising the government’s vaccine procurement plan.”

In speaking with reporters, Thanathorn said “he was confident he had not said anything that tarnished the institution and the clip was his effort to sincerely check the government.” He claims nothing he said contravened the Article 112.

Additionally, he faces “sedition and computer crime charges involving the clip.”

In reality, Thanathorn must be worried, even if the charge is fabricated. But fabricated lese majeste charges have been used to lock up and/or harass several others in the past. Who can forget the ludicrous 112 charge against Thanakorn Siripaiboon in 2015 for allegedly spreading “sarcastic” content via Facebook which was said to have mocked the then king’s dog. Thanakorn finally got off in early 2021, but had endured seven days of interrogation and physical assault at an Army camp and three months in prison.

Thanathorn is the main target of ultra-royalist hatred and fear, and they have been urging the regime to lock him up. They see him as the Svengali behind the anti-regime protesters and rising anti-monarchism, refusing to believe the protesters can think for themselves. The regime sees Thanathorn as a potent political threat. They have threatened and charged him with multiple offenses, disqualified him from parliament, dissolved the political party he formed, and brought charges against his family.

By targeting Thanathorn, the regime seems to believe that it is now positioned to defeat the protesters and to again crush anti-monarchism. But, it is a repression that remains a gamble.

Update: Rabid royalists are joining the regime in going after actress Inthira “Sai” Charoenpura and activist Pakorn Porncheewangkul “over donations they received in support of the protest movement.” They are “facing possible tax and anti-money laundering probes over their acceptance of public donations in support of the Ratsadon protests.” It is anti-democrat Watchara Phetthong, “a former Democrat Party MP,” who has “petitioned the Revenue Department and the Anti-Money Laundering Office (Amlo) asking them to investigate Ms Inthira and fellow activist Pakorn…”.





Mad monarchists madder still II

30 03 2021

With the resurgence of protests and the regime intensifying its repression, the mad monarchists are increasingly agitated.

While reporting on Patsaravalee “Mind” Tanakitvibulpon and her recent speech targeting the monarchy and other reforms, Thai PBS spends space on enraged monarchists and their bizarre claims.

Mind

Mind

Already facing a lese majeste charge, on 24 March, Mind made three calls on the monarchy, calling on the king to cease interfering “in the military, in politics and in public assets.”

As a result of these reasonable demands of a monarchy meant to be constitutional, Mind probably faces additional lese majeste and other charges. She says she is “bracing for jail…” and vowed to “continue her fight even if she was jailed during the court trial.”

The rabid royalists given space are alleged “scholar” Arnond Sakworawich and political aspirant Warong Dechgitvigrom. It is interesting how each royalist repression of protesters since 2005 has seen a new bunch of royalist spokespersons promoted as the “defenders” of the monarchy.

Arnond claims Mind is “mistaken in alleging the King has ‘his own army’, independent of the Thai armed forces.” His view is that the “King’s Royal Guards were simply transferred from the military and police to form the royal security unit.” He doesn’t explain how it is that this “unit” is under the direct command of the palace or why it was necessary to vastly expand the “royal security unit.”

Arnond’s rebuttal of Mind’s observation of the king’s political interventions – preventing his elder, non-royal, sister stand in an election – seems to confirm Mind’s point. Arnond ignores other interventions, including the king’s demands for constitutional change.

Royalist Arnond’s defense of royal wealth and the king’s assets is just loopy and ignores the king’s own changes to the law that allowed him to take total control of all assets associated with the monarchy, while rolling back decades of legislation.

Warong Dechgitvigrom relied more on the concoction of a conspiracy, a royalist strategy that has been used repeatedly since 2005 to smear and repress.

He claimed Mind is manipulated “by a hidden hand bent on defaming the King with distorted facts.” He declared:

It’s a pity that you didn’t do your homework before reading the statement. The person who prepared the statement for you is so cruel. Without supporting truth, they sacrifice you just to incite people….

This conspiracy claim is repeated and expanded by the maddest of the Bangkok Post’s monarchists, Veera Prateepchaikul. Agreeing with the yellow-shirt conspiracies and cheers the detention without bail of those accused of lese majeste.

Like Warong, he believes that Mind and other protesters are manipulated and the tools of dedicated anti-monarchists. He pours accelerant on the royalist fire, repeating scuttlebutt that her “demands for reform of the monarchy was allegedly given to her by someone believed to be an anti-monarchist.”

He demeans and diminishes all the young protesters, preferring to believe they are misled and tricked. His claims are a familiar refrain. It was only a few years ago that yellow shirts demeaned red shirts, considering them uneducated buffaloes, led around by the nose, and or paid by Thaksin Shinawatra. Obviously, the kids protesting aren’t “uneducated,” but there is still a search for a political Svengali.

In an attempted political assassination, Veera names and seeks to shame “Piyabutr Saengkanokkul, secretary-general of the Progressive Movement Group and anti-monarchist lecturer at Thammasat University…”. Veera decries Piyabutr’s view that the protesters are agents of change, who “will not change their mind on the monarchy” by jailing them.

Veera peddles more royalist tripe by questioning why several academics have been willing to post bail for those jailed.

Veera states that “many students have been exploited,” and claims that Mind is manipulated: “What if she is thrown behind bars for reading the script in question while the actual writer remains scot free? That is unfair, cold-blooded and sheer exploitation of a young mind.”

Yellow shirt ideology is conspiratorial and displays a remarkable penchant for patriarchal nonsense, diminishing the views and actions over many months of demonstration. Clearly, the students understand that reform to the monarchy comes with a diminution of patriarchy and other hierarchies that keep old royalist men in charge of the country.





Updated: Counting the detainees

27 03 2021

Thai Enquirer has posted an updated list of political prisoners. Even so, it remains a mixture of estimates and known cases rather than a definitive list. Important points:

After eight months of protests, more than 400 people are being prosecuted for alleged violations ranging from littering and obstruction of traffic to sedition and lese-majeste.

Of those, 77 have been charged with violation of Section 112…. 112[S]ix [112 charges] are against people younger than 18.

Nineteen people are incarcerated awaiting trial with their bail requests repeatedly denied. Most of those are protest leaders charged with sedition and lese-majeste….

In the lese-majeste cases, 28 were brought by civilian plaintiffs, six by the Ministry of Digital Economy and Society, and the rest were filed by the police.

Many of the protest leaders are facing multiple charges.

Parit “Penguin” Chiwarak, now on his 12th day of hunger strike for his right to bail, faces 20 counts of lese-majeste.

Far more lese majeste and lese majeste-like cases are likely to follow as protests continue. Most recently, prosecutors have decided to indict protesters “for blocking … the Queen’s motorcade during an anti-government protest last October…”. This is a buffalo manure set of cases as a sightseeing queen and prince had their minions drive them to the protesters location, and while they copped some invective, their motorcade was not blocked in any significant way. The notion that they aimed to “commit violence against the Queen and [h]er liberty” is a fabrication.

We can expect further charges from Wednesday’s rally.

Update: Related to our last comment, the Bangkok Post reports that police are “taking legal action against 11 rally speakers and 10 other protesters at Wednesday’s demonstration at Ratchaprasong Intersection for allegedly violating the lese majeste law…”. That would bring the known total to somewhere close to 100 charged with lese majeste.





Updated: Concern for 112 detainees

26 03 2021

There is reason to be concerned for the safety of those accused of lese majeste and currently detained without bail in several prisons.

The Bangkok Post reports that these members of the Ratsadon group “are being detained at five prisons while police prepare the cases against them…”. The report lists some of them:

Six were being detained at Bangkok Remand Prison, he said. They are Panupong “Mike” Jadnok, Piyarat “Toto” Jongthep, Patiwat “Bank” Saraiyaem, Jatupat “Pai Dao Din” Boonpatararaksa, Arnon Nampa and Somyos Prueksakasemsuk.

Chaiamorn Kaewwiboonpan, alias “Ammy The Bottom Blues”, is being held at Thon Buri Prison, and Panusaya “Rung” Sitthijirawatanakul at the Central Correctional Institution for Women.

In Pathum Thani province, Parit “Penguin” Chiwarak is detained in Pathum Thani central detention centre, and Promsorn “Fah” Veerathamjaree of the Ratsadon Mutelu group is in Thanyaburi Prison in Thanyaburi district.

Release our friends

There are several reasons for concern for the safety of these political detainees. First, Corrections Department deputy director-general Veerakit Hanparipan has revealed that his department lacks coordination and standard operating procedures. Second, it is a “policy” to separate the detainees as a means to break their spirit and to prevent them from supporting each other. Third, lawyers and families are having great difficulty visiting the detainees. Fourth, political detainees are being treated as common criminals. Fourth, Thonburi Prison is said to be a problematic location due to it being in a high-risk Covid zone.

All of this amounts to lese majeste torture.

There is special concern for Parit, “who is on a partial hunger strike…”. Veerakit told reporters that Penguin “continued to refuse solid food.” He added that he has become “weakened from refusing food” and that “Parit was instead given bread, milk, sweet drinks and mineral water to prevent his blood-sugar level falling too far.” Veerakit also revealed that “Parit had a rash on his chest. Prison officials had given him medication.”

Update: Concern for Penguin is increasing. He’s “been on hunger strike for over two weeks,” and is experiencing weakness. He has “allowed doctors to conduct a blood test for the first time on Saturday night, after suffering from fatigue, increased dizziness and dehydration.” As a result, he’s now being administered glucose and fluid intravenously.





Phromson’s 112 arrest

25 03 2021

As we listened to interviews yesterday with several youthful demonstrators the gravity of the current round of lese majeste repression became clear. Almost every protest speaker and leader has several 112 charges hanging over them. Keeping up with the avalanche of repression via lese majeste is almost impossible Hence we are thankful for Prachatai’s reporting.

A recent Prachatai story reveals that on 17 March, “Phromson Wirathammachari, a protester well-known for his speeches, went to hear a charge of lèse majesté at Thanyaburi Police Station but the police suddenly handed him over to the court, with a request to detain him.”

According to Thai Lawyers for Human Rights, “the court denied Phromson bail, citing the gravity of the charge, the severe penalty, and the likelihood that he would either flee or repeat the offence.” He is reportedly detained at Thanyaburi prison, despite suffering injuries from a traffic accident.

Sasinan Thamnithinan, a TLHR lawyer, states that Phromson went “to the [police] station with his injuries to prove that he had no intention to flee, [but] the deputy superintendent (investigation), after the regular investigation stage, suddenly decided to take him to court before the court closed.” Phromson’s lawyer was given just two minutes with her client before hurriedly preparing a bail request.

The court denied bail.





Updated: Another 112 incarceration

24 03 2021

The Bangkok Post reports on yet another lese majeste incarceration.

Chukiat  Saengwong, also known as Justin, a member of the Ratsadon group, has been arrested on lese majeste and a slew of other charges including sedition.The charges relate to several protests, with the most recent being on March 20.

Clipped from Prachatai

Police allege that at last Saturday’s protest near the Supreme Court, “Chukiat affixed a piece of paper on which were written offensive words to a portrait of … the King erected outside the premises.”

The police claim his “action was recorded by a security camera…”. Soon after, “protesters allegedly set fire to the portrait…”.

Chukiat has denied all charges.

The court approved a police request to detain Chukiat for 12 days. A bail application was rejected, with the court claiming that, if released, Chukiat “may commit similar offences again.”

The royalist judiciary continues to carry out its orders.

Update: Prachatai also reports on Chukiat’s case. It states that his bail was refused because of “the seriousness of the charge, the heavy penalty, and the fact that the accused committed similar offences after previously being allowed bail…”. A Thai Lawyers for Human Rights lawyer met “Chukiat at 00.54 on 23 March, tweeted that the police tried to interrogate Chukiat with a lawyer that they assigned to him and confiscated his phone. Because he objected to this, the police had him handcuffed [him]…”. Chukiat sent a message to supporters “to fight on and not to worry about him.”

Among protesters, “Chukiat became well known for his speeches and public appearances in protests where he wore a crop top. The nickname ‘Justin’ comes from Justin Bieber, a famous singer who wears crop tops.”





Lese majeste and cruelty III

13 03 2021

Yet again, the royalist courts have “rejected the bail applications by four core leaders of the anti-establishment Ratsadon group on the grounds that there is no justification for changing the court’s previous order to remand them in custody.” This refers to Jatuphat Boonpattaraksa, Parit Chiwarak, Panusaya Sitthijirawattanakul, and Piyarat Chongthep.

The new applications for bail “were filed today by Mr. Krisadang Nutcharat, a lawyer from the Centre for Human Rights Lawyers, and a group of lecturers from Thammasat and Mahidol universities.” Krisadang said “that he and the lecturers were seeking bail for the three students, namely Parit, Panusaya and Chatuphat, because they are about to take examinations.” The case of Piyarat has to do with “pre-emptive” arrest (as far as we know he has not been charged with 112).

In another report, it is stated that “Kritsadang also complained about Mr Parit’s transfer to Area 5 of the prison, usually designated for inmates already convicted.” He condemned this action, making an argument of the presumption of innocence. We doubt the royalist courts even know what this is as they take orders from the top.

The pattern emerging is one of lese majeste torture, seen in several earlier lese majeste cases. Keeping them locked up and seeking to separate them from their fellow political prisoners is a way to break their spirit and solidarity. It is also reflective of the nastiness seen in other cases involving those who “cross” the king.





Regime’s judges deepen repression

11 03 2021

Human Rights Watch:

Thailand’s Bangkok Criminal Court has ordered three prominent democracy activists to pretrial detention on charges of insulting the monarchy, Human Rights Watch said today. The order could leave them detained for years until their trial is concluded….

“There is a growing pattern of Thai activists charged with lese majeste being sent to long periods of pretrial detention,” said Brad Adams, Asia director. “Courts should uphold the right to the presumption of innocence and ensure all fair trial procedures are observed.”

… The International Covenant on Civil and Political Rights (ICCPR), which Thailand has ratified, encourages bail for criminal suspects. Article 9 states that, “It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial.” Those denied bail should be tried as expeditiously as possible, Human Rights Watch said….

“Thai authorities should immediately end their heavy-handed enforcement of the lese majeste law and allow a broad-based discussion to bring the law into compliance with Thailand’s international human rights law obligations,” Adams said.

Amnesty International:

The denial of bail for four protest leaders on Monday (8 March) is “tantamount to a systematic suppression of freedom of expression and freedom of opinion” in Thailand, says Amnesty International, who calls on the government to end legal prosecution against dissenting voices….

Piyanut Kotsan, Director of Amnesty International Thailand said:

“It is profoundly worrying that the Thai authorities are systematically prosecuting a large number of protest leaders and demonstrators. In certain cases, the suspects may face up to 15 years of imprisonment. This is a severe and disproportionate punishment. Given the normally protracted period of trial, the prosecution of dissenters or critics of the government is being weaponized to silence and retaliate against those who dare to challenge the state power.”

“Mass prosecutions and denial of bail demonstrate how the justice process is being used as a tool to brazenly attack the right to freedom of expression and peaceful assembly. People are entitled to legitimate rights to express themselves and participate in activities concerning social issues.

“The Thai authorities must stop treating critics as if they are criminals or a threat to national security. They must be released and the charges against them must be immediately dropped in the condition where there is an insufficient evidence under international criminal standard.”

Should anyone thinks that the courts are involved in anything other than “lawfare,” we suggest a careful reading of a Prachatai report, where it refers to the “[b]izarre treatment of pro-democracy protesters…”. It mentions several anomalies:

The court’s rejection of bail for 4 pro-democracy activists on 8 March is raising questions about procedural irregularities as 3 of them were taken from court before they were allowed the opportunity to complete bail requests, while another was sent to a prison other than the one designated by the court.

Corrections Department Director-General Ayut Sinthoppan said that several political prisoners were transferred from Bangkok Remand Prison to Thon Buri Remand Prison to “ease overcrowding.” Lawyers and families were left in the dark.

At least 58 people now face lese majeste charges and none of them will be treated fairly or legally.








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