Get rid of the horrid monarchy law

2 05 2018

A Nation Editorial deserves attention as a call for reform of the despot’s political law of choice, the lese majeste law. It has been used brazenly to repress.

PPT has posted hundreds of times on the misuse of this law. It has been used in ways that are unconstitutional and unlawful. Persons have been convicted for what they did not say, for what they did not write. Some have been convicted for “crimes” against persons not covered by the law. Mothers and children have been convicted. Disabled and sick persons have received long sentences. Persons have been convicted on forced guilty pleas when they were not guilty. Sentences have been huge and the treatment of prisoners on lese majeste charges has been tortuous and unlawful. It has been used against political opponents and against some who have fallen out of favor in the palace itself.

The editorial states that “Somyot Pruksakasemsuk’s release after years in prison affords a chance to reflect on deeply unfair abuses of the law.” We could not agree more.

It says his “release from prison on Monday … should prompt the authorities to review the draconian lese majeste law, which was designed specifically to protect the monarchy but continues to be misused for political ends.”

Of course, it was “designed specifically” protect the military and politico-business elite. It protects a system and a configuration of power, not the monarchy on its own. The monarchy is the keystone for a repressive power structure that sucks wealth to those associated with the military-monarchy-tycoon elite or, as some say, the amart.

On the particular case, the editorial states that Somyos was jailed as a political opponent. It states that “[i]t was not and is not illegal to be aligned with the red shirt movement supporting former premier Thaksin Shinawatra and his regimes’ policies. And it was unfair for Somyot to have been identified as anti-monarchy without evidence.”

It reminds us that Somyos was arrested and jailed by the Abhisit Vejjajiva regime “as he was circulating a petition calling for Article 112 of the Penal Code – the lese majeste law – to be amended.” Indeed, Somyos was targeted because he opposed the very law that was used against him. The amart have a sense of purpose when opposing those who endanger the power structure.

The editorial states:

Article 112 is quite straightforward. It says anyone who defames insults or threatens the King, Queen, heir-apparent or regent shall be imprisoned for three to 15 years. The authorities’ case against Somyot was that he had published in his magazine two articles by Jit Pollachan, a pseudonym used by an exiled politician. The law was applied beyond its intended scope and meaning. The two articles merely mentioned the roles of the monarchy. There was no inherent insult to the monarchy.

Indeed, a majority of lese majeste cases fall into similar “misuses” of the law. But that’s the point. Lese majeste is designed to be used in these ways to protect the power structure.

It continues:

Thus, cases are often handled as though Thailand was still an absolute monarchy rather than a nation under the modern rule of law. People charged with lese majeste are routinely denied bail and held in pre-trial detention for months. Somyot was denied bail 16 times.

As the editor of a periodical, Somyot should have been protected by the Printing Act and the Constitution’s safeguards covering freedom of expression. But the Constitutional Court ruled in October 2012 that lese majeste breaches represented threats to national security and thus overrode any such protection.

When the editorial concludes by observing that “Somyot’s case should give all citizens pause for thought. Political reform is badly needed, and this unfair practice in particular has to be rolled back,” it makes a point that is very significant. It will scare the regime and those who benefit from this law.





Updated: Lese majeste punishment

20 11 2017

In a recent post, PPT commented on the delays to lese majeste trials where defendants refuse to plead guilty. We said this as a form of torture. In addition to strenuous efforts to force defendants to plead guilty, those who don’t see their trials dragged out for years, while they remain in jail.

A report at Prachatai reminds us that even after sentencing, whether having enter a guilty plea or not, punishment involves more than just being held in a jail.

Student activist Jatuphat Boonpattaraksa, one of several thousand singled out for a lese majeste charge for sharing a BBC Thai story on the king, convicted and jailed, “has revealed that a prison staff ordered him to take off clothes and rubbed his genitals five times in a search for drugs [sic.].”

He “told media at the court that he has experienced a series of harassment[s] after being transferred to Phu Khiao Prison. When he arrived the prison, one staff [member] search[ed] his body for drugs…”. He was ordered to strip and the officer spread his anus “and rubbed his genital [s] five times.”

This could represent a sexual harassment by an officer, but it is also a repeated act of degradation perpetrated by prison staff. This is unceasing degradation. We have seen other acts of degradation and humiliation perpetrated against lese majeste victims in jail.

We know this because he made the comments on 16 November 2017, when Jatupat “was summoned to Phu Khiao Provincial Court to attend a trial on violation of 2016 Referendum Act.” That means he failed to abide by the military dictatorship’s demand that no one campaign against it constitution. The regime accuses him and “another student activist Wasin Prommanee …[of] inciting chaos during the junta-sponsored constitutional referendum in August 2016.” Inciting chaos means “distributing leaflets” urging the rejection of the junta’s hand-crafted and illegitimate constitution.

Update: The Nation adds to this story of using courts and prison to double-up punishment.





Lese majeste and enforcing silence

18 11 2017

PPT has posted over several years on the delaying of lese majeste trials where defendants refuse to plead guilty. We have referred to this as a form of torture. In addition to strenuous efforts to force defendants to plead guilty, those who don’t see their trials dragged out for years, while they remain in jail.

When trials begin, they are deliberately delayed and, in the case of Somyos Prueksakasemsuk, he was dragged all over the country in chains and shackles, often kept in cages, as he was tortured for fighting his case.

Those who refuse to plead guilty are then sentenced to many years in jail – almost no one if found innocent.

The most recent case of this essentially lawless efforts by the courts on lese majeste is reported at Prachatai. It concerns Rung Sila, a poet and cyber activist whose first name is Sirapop.

(We need to add that our page on Rung Sila, having him already convicted on lese majeste, is mistaken, and we’ll fix that shortly.)

He has now been “imprisoned for three years and four months,” and has faced yet another postponed witness hearing as a military court drags out his lese majeste case. His lawyer makes the obvious point:

According to Anon Nampa, human rights lawyer representing the defendant, since he was arrested in June 2014, the court completed only one witness hearing in the case out of 6-7 plaintiff witnesses.

He added that one of the defendant witnesses, Surachai Yimprasert, has already passed away.

The lawyer said that it is as if Sirapop is being pressured to plead guilty….

Sirapop maintains his innocence.

Thailand’s courts, both military and civil, are disgraceful and pervert justice.