Updated: Challenging arbitrary lese majeste

25 10 2017

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.”





Updated: Sanctioning and campaigning I

17 10 2017

While calling for “social sanctions” against Puea Thai Party’s Sudarat Keyuraphan for “political campaigning” in the name of remembering the dead king, The Dictator continues his own political campaigns.

Forget the floods. They are unimportant as the military regime prepares to reap political benefit from its ownership of the funeral.

The recent claim of a red shirt/republican plot to disrupt the funeral is now triumphantly waved away. There are now threats at all (thanks to the regime) but everyone has to help the regime watch for threats while mourning (appropriately).

Meanwhile, the campaign against what remains of opposition to the regime continues to be pushed and squeezed, with a military court in (flooded) Khon Kaen charging seven people for defiance of a junta ban on political gatherings dating back more than a year.

They and four others actually “took part in a discussion on the then draft constitution at Khon Kaen University on July 31 last year ahead of the Aug 7 referendum.”

This was before a referendum where the junta demanded a positive outcome, so obviously the junta did not want any serious discussion of the proposed basic law.

The court accepted the case for trial and sent the seven defendants to local prisons. They were later bailed.

One of the missing defendants is Jatuphat Bunpattararaksa, who is already serving a 2½-year jail term for having shared a BBC Thai article on the king on his Facebook page. He was one of thousands who did this and was singled out for jail because of his political activism.

Two others are a former Puea Thai MP and his wife “who confessed and agreed to an attitude-adjustment session” by the military dictatorship. The fourth is “anti-coup student activist Rangsiman Rome, who had not come to meet interrogators and faced an arrest warrant.”

Campaigning by the military dictatorship is in full tilt. The next big campaign event is the coronation.

Update: Khaosod now reports contradictory statements regarding the position of Rangsiman. He claims he was not charged in this case.





Lese majeste vs. historical debate

6 10 2017

PPT’s page on the various  lese majeste cases brought against conservative social critic Sulak Sivaraksa is rather long. Unfortunately, we will be adding to it.

Sulak

The fifth of these cases (that we know of) has these details. On 16 October 2014, Lt Gen Padung Niwatwan and Lt Gen Pittaya Vimalin, retired and deeply royalist generals, filed a complaint at Chanasongkram Police Station accusing Sulak of lese majeste for a speech he made about King Naresuan. This long dead king, surrounded by myth, is considered important for royalist mythology about Thailand.  Sulak made a public speech on “Thai History: the Construction and Deconstruction” on 5 October 2014, at Thammasat University, where he allegedly claimed the legend of an elephant battle between Naresuan and a Burmese king was constructed. He is also reported to have criticized the king of some 412 years ago for being cruel. Both claims have been the subject debates among historians.

It might be considered that “defaming” a figure from ancient history, for who there is only  scant reliable historical information, must be a nonsense. Yet the madness of the royalist judicial system knows no bounds, either in law or in insanity.

On 24 December 2014, police issued this statement: “… Sulak Sivaraksa has referred to Somdej Phra Naresuen the Great and Somdej Phra Chomklao Chaoyookhua (Rama IV) in a way that insults, defames, or threatens His Majesty the King…”. The police appear confused about present and past tenses and about past and present in general. Yet they pushed the case forward.

Khaosod reports that the police have told the 84 year-old Sulak that he must “report Monday morning to police who will take him to a military court to meet with prosecutors preparing a case against him for allegedly criticizing” Naresuan.

Sulak commented: “If the country was normal and there existed rule of law in this country, then there won’t be problems. The lese majeste law protects the current monarch and if someone is charged for criticizing a king who reigned 500 years ago, then something is not normal…”.

As everyone knows, Article 112 of the criminal code “forbids defaming, insulting or threatening the current king, queen, heir apparent or regent” not some dead king of centuries past. Yet in the recent past the courts have convicted persons for lese majeste against other dead kings. The prosecutors and courts simply make the law up as they go along and now seem to bizarrely interpret any critical comment against any royal, real or imagined, as constituting lese majeste of the current monarch, who wasn’t even on the throne when Sulak made his comments.

So now we have a case of an elderly man accused of “defaming” a long dead monarch and thus causing a transference of “defamation” to a monarch who died a year ago. Thailand’s judicial system has become entirely maniacal as well as ultra-royalist.





It is still a military dictatorship

25 08 2017

Whatever happens today in the Yingluck Shinawatra verdict, Thailand will still be a military dictatorship tomorrow.

Strangely, The Dictator and his underlings express a warped – mad is a better term – view that Thailand is a “democracy” despite a military regime that came to power overthrowing an elected government and throwing out constitutional law and ruling largely by decree.

The Bangkok Post provided a platform: for The Dictator to present his form of this nonsensical blather:

“Everyone is well aware that over the past three years Thai society faced various problems. We can’t blame anyone because our country is a democratic one and there are elections. Therefore, we must implement political reform to get a government that is democratic, has good governance and is the government of all people…”.

Now, even if the first claim is a misprint, any claim that the dictatorship is paving the way for democracy is nuts. And, despite what American political scientists have tried to tell us, good governance is not necessarily about electoral democracy.

The junta chief also complained – he is an interminable whiner – that “some people are so unwavering in their beliefs. Some agree [with us] but others don’t. I’m not saying that people must agree with everything but everyone can share the common stance that Thailand must be freed from this trap.”

“Some people” consider the “trap” to be military dictatorship, military coups and royalist-capitalist control (by definition, “good people”) of everything.

He seems to mean the “middle-income trap,” a term we might suggest was invented by orthodox economists as a way of ignoring the political in political economy.

But General Prayuth Chan-ocha is not the only military man babbling about democracy. The Nation reports on the trial of anti-coup activists in Khon Kaen, including lese majeste prisoner Jatuphat Boonpattaraksa.

Military officer Captain Apinan Wanpetch told a military court on Wednesday that “holding a banner with a message against the coup d’etat – as student activists led by Jatupat Boonpattararaksa did in May 2015 – was an act of ‘destroying democracy’.”

Such a claim should lead to some kind of psychiatric assessment. But this is Thailand’s military and an officer before a military court, so no sanity could prevail. Captain Apinan, “who arrested the activists, said the 2014 coup to scrap the 2007 constitution and topple the elected civilian government was an admirable mission.”

As mad as a hatter, he babbled on:

“There is no reason to oppose the coup. Although holding a banner against the coup is freedom of expression, the act is destroying democracy, therefore they deserve arrest and attitude adjustment…”.

So the military thinks Thailand is democratic under the military junta and its dictatorship. Liars, murderers, corrupt and as stupid as hell, these guys are more dangerously deranged than we had thought possible.

Meanwhile, a military prosecutor “sought permission from the military court in Khon Kaen to amend the indictment, asking the court to hand down a prison sentence on top of the term Jatupat is serving for the royal defamation charge.”

Liars, murderers, corrupt, as stupid as hell and vindictive and cruel.





20 years on lese majeste

9 08 2017

Back in February 2015 the military junta began arresting people and charging them with lese majeste for allegedly being part of the Banpot anti-monarchist network.

By July that year it seemed that the arrests totaled 14.They were accused of distributing online materials that insulted the monarchy. Banpot produced radio programs distributed via the internet. His programs were long talk shows about politics and the monarchy. Many of the shows reproduced the rumors whirling around the royal family.

Two of these arrested decided to defend the case, which meant two years in jail for one named Tara W. while he was “convinced” to plead guilty.

Tara finally changed his plea to guilty on 26 June 2017. The Bangkok Post reports that on 9 August 2017 the 61-year-old Tara was jailed for 20 years “for posting six video clips deemed insulting to the monarchy…”. The military court backdated the 20 years to his arrest, meaning he has a further 18 years to serve.

Tara cannot appeal his sentence “because he was arrested while Thailand was under martial law.”





Release Pai XVII

28 07 2017

Prachatai reports that a “military court has refused to release an embattled anti-junta activist after summoning him for a witness hearing.”

On 27 July 2017, Jatuphat Boonpattaraksa appeared before the Military Court of Khon Kaen for a witness hearing in the “case in which Jatuphat and six other youth activists were charged with violation of the junta’s political gathering ban of five or more persons for gathering at the replica of the Democracy Monument in Khon Kaen Province to commemorate the first anniversary of the coup d’état on 22 May 2015.”

With Jatuphat are “Aphiwat Suntrarak, Phayu Boonsophon, Phanupong Srithananuwat, Suwitcha Pitangkorn, Supachai Phukrongploy, and Wasan Setsit.”

This military court held the hearing in camera and proceeded to revoked the bail it had previously granted in this case, “reasoning that Jatuphat is also battling a royal defamation case.”

As we have previously stated, when it comes to lese majeste, Prachatai gets its terminology wrong. There is no “reasoning” involved and the concocted notion that lese majeste is about “royal defamation” has been disproved. In fact, lese majeste is a political charge used against political opponents.

Political prisoners, military courts and secret trials: that’s what Thailand’s military dictatorship does.





The junta’s inhumane use of lese majeste

26 07 2017

Reports yesterday of the bailing and immediate re-arrest of Nattatida Meewangpla give another insight into the inhumane nature of the lese majeste law and its (mis)use by the totalitarian military regime.

Prachatai reports that on 24 July, Bangkok’s Military Court bailed Nattatida, along with “Nares Intharasopa, Wasana Buddee, and Nuttapat Onming, suspects in the 2015 Criminal Court bombing…”.

Nattatida is “a key witness of the 2010 military crackdown” and the murders at Wat Pathum Wanaram.

When “arrested” in 2015, she was abducted by military thugs and The Dictator then lied about it.

The four who were initially bailed this week “were among at least 15 people charged with terrorism and criminal association for alleged involvement in the court bombing on 7 March 2015. The four have been imprisoned for more than two years.”

At the time of the arrests, PPT posted on how the arrests seemed bogus.

Despite being bailed, “police refused to release Nattatida and Wasana. Nattida is currently detained at the Crime Suppression Division while Wasana is being held at Chokchai District Police Station in Bangkok.”

Nattatida is apparently detained as “she was also accused under Article 112 of the Criminal Code, the lèse majesté law, over a message posted on 17 March 2015 on the Line chat application.” Yet she was taken into military custody on 11 March 2015.

As Khaosod reports, and as we have on our short page on her case, back in March 2015, she was “charged in two separate cases: conspiring with a terror group behind an alleged bomb plot at Bangkok’s Criminal Court and insulting the monarchy.”

We can only guess that denying her freedom is because she has “failed” to plead guilty to the lese majeste charge, so that her detention must continue. That’s the inhumane pattern.