Official human rights nonsense

Thanks to a reader for pointing out a recent op-ed by academic Mark S. Cogan at the Southeast Asia Globe.

“Thailand’s human rights narrative runs contrary to reality, even at the UN” has the following sub-header:

Despite cases of lèse-majesté piling up and pro-democracy protesters facing serious charges like sedition, Thailand’s third time through the Universal Periodic Review later this year will most likely be as inconsequential as previous UN human rights inspections.

Thailand is due to have its human rights record examined in the Universal Periodic Review (UPR) in n November. This is Thailand’s third UPR. Cogan states that:

Back in February, in preparation for this upcoming human rights review, Thailand’s Deputy Prime Minister and Minister of Foreign Affairs Don Pramudwinai gave remarks during the 46th Session of the Human Rights Council, noting that Thailand would “recommit to our common core values in the promotion and protection of human rights”.

He adds that Don’s perspective has little to do with human rights as practiced in the country. In fact:

[p]ublic statements on Thailand’s human rights contributions often boast about the kingdom’s accomplishments…. But these … often mask Thailand’s true record on the ground – a record stained by draconian measures to cripple individual freedom of expression, curb press freedom, and silence regime critics.

Don’s “remarks” were meant “to ensure that the narrative on human rights was crystal clear to the UN – there were no human rights challenges in Thailand…”.

He and other Thai diplomats have almost Pavlovian retorts to any challenges, pointing to the “perceived failure to understand what it means to be Thai, [a] … lack of familiarity with the situation on the ground, or the more nationalistic refrain that highlights Thailand’s unique status as a country in Southeast Asia that has not been colonised.”

Cogan recounts a meeting between Don and three UN officials after the 2014 coup where he went to great lengths “trying to ensure that the trio also understood Thai culture and tradition, the Foreign Minister paused and remarked: “Actually, in summary, Thailand has one of the best human rights records in all of Southeast Asia.” He then “corrected himself and said: ‘No, no, no, Thailand has the best human rights record in Asia’.”

Not even Don believes such nonsense.

Lese majeste is of especial concern. Cogan notes that:

… for its second cycle UPR in 2016, the Thai government compared its lèse majesté law (Article 112) as comparable to libel law for commoners, adding that it is “not aimed at curbing people’s rights to freedom of expression or academic freedom” and it was implemented in “accordance with due legal process and those convicted are entitled to receive royal pardon”.

It is troubling to PPT that several human rights protectors and the media in Thailand now regularly refer to lese majeste as “royal defamation,” which seems to accept the authoritarians’ narrative. We say, call it by its name.

Lese majeste has seen hundreds locked up, including for Article 112 convictions that don’t even fit the law. As Cogan reminds us, “… Prawet Praphanukul, a human rights lawyer, [was]… locked up in prison after being held at the 11th Army Circle base in Bangkok…”. He spent 16 months in prison on lese majeste and sedition charges and when he was finally sentenced, the lese majeste charge was simply not mentioned, probably because, at that time, the erratic king was trying to minimize political damage.

Famously, Prawet bravely rejected the royalist courts. When he appeared in court in 2017 he stunned the court by stating: “Thai courts do not have the legitimacy to try the case. Therefore, I declare that I do not accept the judicial process in the case.” Prawet added that he would not participate in the case nor grant authority to any lawyer to represent him.

Clipped from Prachatai

More recently, Cogan reports, various UN experts were deeply alarmed over the harsh sentence of Anchan Preelerd, a 60-year old former Thai civil servant. She was given a 43-year sentence. In fact, she was sentenced 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.

Yet the puppet-like Ministry of Foreign Affairs is straight-faced when it declares the lese majeste law is not “aimed at curbing people’s rights to freedom of expression nor the exercise of academic freedom or debate about the monarchy as an institution.” It “went on to suggest once again that the law exists to “protect the dignity of royal families in a similar way a libel law does for any Thai citizen.” That’s buffalo manure, and every single Thai knows this.

Cogan concludes: “Thailand’s third time through the Universal Periodic Review, because of its predetermined narrative about its own human rights record, will most likely be as inconsequential as its previous UPR.” Sadly, he’s right. In the years since the 2014 coup, Thailand’s human rights situation has deteriorated into a dark age.

Updated: Lese majeste on the way out?

Readers will have seen the several stories about and appeals court dropping lese majeste charges against six persons who allegedly burned public portraits of the previous king and the current one. They might also recall that PPT pointed to a change in the lese majeste wind:

There has been some social media discussion of the meaning of this dismissal [of Tom Dundee] – despite the guilty plea extracted – and the recent unexplained dropping of a lese majeste case against lawyer Prawet Praphanukul. Does this indicate that the regime and/or palace changed the absolute draconian approach to lese majeste?

The South China Morning Post reports:

The six, aged between 18 and 20, were arrested last year for setting fire to portraits of King Maha Vajiralongkorn and his father, the late King Bhumibol Adulyadej, at several spots around the northeastern province of Khon Kaen. A court found them guilty of lèse-majesté, arson, damaging public property and organised crime.

One of the six was jailed for 11-and-a-half years, three received terms of seven years and eight months, while two got three years and four months.

The appeals court has dropped the lese majeste charges against them “but they will still have to serve lengthy jail terms for damaging public property.”

In the report a human rights lawyer has said this “appears to be a new policy direction.”

But they still have hefty jail terms: “nine years instead of 11 and a half; six years instead of seven years and eight months; and three years instead of three years and four months.”

According to Pawinee Chumsri, a lawyer of Thai Lawyers for Human Rights, “[o]nly 10 lèse-majesté cases remained before the courts.” Pawinee adds: “Since the beginning of this year, the court has dropped Article 112 prosecutions and pursued other charges instead…”.

Channel NewsAsia also quotes Pawineewho says: “It’s somewhat good progress to see 112 cases are not easily prosecuted…”. Yingcheep Atchanont, of iLaw, says “there have been four acquittals this year and no new cases.”

The junta says it is being “careful” with 112 charges as it shines its international credentials and looks to a post-“election” future as a “legitimate” regime. At the same time, the huge increase in cases in 2014-16 has had its political impact, shutting up critics of monarchy and regime as red shirts and republicans who have not fled Thailand have been silenced.

That said, we suspect the King recognizes that 112 does him no good either, although he’s used the law himself to sort out his own issues.

Sedition and computer crimes charges are now likely to be favored, reducing the criticism the regime and monarchy face in future.

Update: The Bangkok Post editorial on lese majeste is worth reading.

Prawet’s jail term ends

The cases associated with the Stolen History 6 and especially with human rights lawyer Prawet Praphanukul have been unusual, even by the standards of this military dictatorship.

After having been charged with various “crimes,” including lese majeste, and fighting them in a brave and determined way, on 27 June 2018,  Prawet was found guilty of sedition and sentenced to 16 months in prison. Oddly and without explanation, his lese majeste charge disappeared.

The good news is that Prawet has now finished his sentence. On 26 August 2018, Prawet was released from Bangkok Remand Prison

The not so great news is that, following his release, Prawet said his case may not be over as military prosecutors are appealing the case.

Tom Dundee escapes one lese majeste conviction

Tom Dundee, a red shirt singer charged with lese majeste, has escaped a third lese majeste conviction (a fourth charge had been dismissed in March this year).

The decision by the Ratchaburi Provincial Court was remarkable. Even though Tom (whose name is Thanat Thanawatcharanon) had agreed to plead guilty, the court ruled that “the evidence did not support the charge.”

This may be of little comfort to Tom as he is already serving 10 years for two other lese majeste convictions. But it means he is now able to apply for a royal pardon.

There has been some social media discussion of the meaning of this dismissal – despite the guilty plea extracted – and the recent unexplained dropping of a lese majeste case against lawyer Prawet Praphanukul. Does this indicate that the regime and/or palace changed the absolute draconian approach to lese majeste?

It might be added that what might have brought lese majeste charges a short time ago, against monks and mediums using the royal name, have resulted in other charges.

We wonder if the upcoming “election” and coronation account for the recent cases being handled differently. Let’s see what happens.

“This is considered unusual in legal practice”

On 27 June 2018, human rights lawyer Prawet Praphanukul was found guilty of sedition and sentenced to 16 months in prison. This is a somewhat surprising outcome in a case where the lawyer challenged the courts.

With five others, Prawet was arrested  by the military on 29 April 2017. The six were detained on lese majeste charges for allegedly sharing a  Facebook post on the theft of the 1932 revolution plaque on about 5 April 2017. That post was allegedly authored by exiled historian Somsak Jeamteerasakul. It was claimed that the post called for Thailand to become a republic.

Initially detained incommunicado, Prawet has been held in jail since then. In addition to lese majeste, he and the others faced sedition and computer crimes charges.

Prawet himself was accused of three separate charges under Article 116 of the Criminal Code, the sedition law, computer crimes and 10 counts of lese majeste. In total, Prawet faces up to 171 years in jail, although maximum sentencing in Thailand is 50 years.

PPT’s view was that the twinning of sedition and lese majeste made it clear that the military dictatorship was seeking to prevent any criticism of the king for his presumed role in the theft of the plaque.

Little has been heard of any of the detainees other than Prawet.

Prawet appeared in court on 18 September 2017 and stunned the judges by stating that he did not accept the Thai judicial system and did not wish to examine witnesses and evidence against him.

Prawet challenged the court’s impartiality: “Thai courts do not have the legitimacy to try the case. Therefore, I declare that I do not accept the judicial process in the case…”. Prawet said he would not participate in the case nor have a lawyer represent him.

When he finally reappeared in court on 8 May 2018, Prawet engaged in a heated 30-minute argument with judges, stating he did not believe the court will rule his lese majeste case with fairness and impartiality. He asked the judges to try him in absentia and hand him the maximum sentence of 50 years in prison.

Prawet again stated that he would not accept the authority of the court to prosecute him but said he would not obstruct testimony. He again refused lawyers and refused to sign any documents. He repeated that the “justice system was not sufficiently impartial to rule on royal defamation prosecutions, so he decided to deny the authority of the court.”

Again, the judges seemed flummoxed by this challenge to the way the judiciary (mis)handled lese majeste cases.

The judges then closed the court for a secret trial. The verdict was supposed to have been delivered on 23 May but was delayed for more than a month, suggesting that behind the scenes there was considerable activity.

The surprises in this verdict for Prawet were that the sedition sentences were remarkably short and  that the court dropped “any mention of the royal defamation charge against him…”. Nor did the court explain why the lese majeste cases were “dropped without explanation.”

In the three sedition cases where the “military [regime] alleged he [Prawet] was behind a group calling on Redshirts and Yellowshirts to unite and turn Thailand into a federal republic,” he received only five months on each count, suggesting that the “evidence” was weak but that the court needed to save some face. With time served, he could released within weeks.

Prawet was given another month in jail “for refusing to fingerprint court documents…”.

On lese majeste charges disappearing, Poonsuk Poonsukcharoen of Thai Lawyers for Human Rights said: “Usually, when the court acquits someone, they have to clearly explain it…. This is considered unusual in legal practice.”

In the context of Prawet’s challenge, we read this short report as a statement that the court and the regime probably wanted to prevent further criticism of the courts. Yet by mysteriously dropping the lese majeste charges the court again demonstrates that the law is a feudal remnant that is not only incongruous with modern law but is itself outside the law. Lese majeste cases are not subject to the law as it is written and nor are those charged given legal and constitutional protections to which they are entitled.

While the sedition “convictions” save face, the lese majeste is a festering sore for the judiciary. A gangrenous judiciary does Thailand no good. “Amputating” the law is the only solution if the courts are ever to be taken seriously and to fulfill their duties to the people.

Prawet’s lese majeste defiance

After the completion of one lese majeste hero’s sentence, another hero faces his accuses with heroic defiance.

Somyos Prueksakasemsuk completed his seven-year sentence at the end of last month, still challenging the authorities and the law used against him. Prawet Praphanukul remains incarcerated on lese majeste charges, facing three separate sedition charges, computer crimes and 10 counts of lese majeste, could be sentenced to 171 years in jail. The legal maximum is 50 years, but when you are in your late 50s, 171 years or 50 years make little difference.

His case is one of several involving the alleged sharing a Facebook post on the theft of the 1932 revolution plaque on or about 5 April 2017. He’s been held since then and has repeatedly been refused bail.

The twinning of sedition and lese majeste tell us that the military dictatorship is determined to prevent any criticism of the king for his presumed role in the theft of the plaque.

Prawet is a human rights lawyer and has been defiant from the beginning. When he appeared in court on 18 September 2017, he stunned the court by stating that he did not accept the judicial system and did not wish to examine witnesses and evidence against him.

Prawet’s challenge is to the court’s impartiality. He wrote: “Thai courts do not have the legitimacy to try the case. Therefore, I declare that I do not accept the judicial process in the case.”

According to a Prachatai update – read it in full here – on 8 May 2018, the case resumed. Before testimony began,

Prawet had a heated 30-minute argument with two judges. He said he did not believe the court will rule his lèse majesté case with fairness and impartiality, given that the court repeatedly rejected his bail requests. So he asked the judges to try him in absentia and hand him the maximum sentence of 50 years in prison.

The judges responded “that they would rule the case with justice and sympathy to the defendant, adding that nobody can influence the court.”

Nobody could possibly believe such lies. The courts have repeatedly and consistently handed out huge sentences, applied the law to persons not covered by it, refused bail and breached the law and constitution on lese majeste.

Prawet’s reply was short and to the point: “he will not accept the authority of the court to prosecute him but would not obstruct testimony.”

As if to confirm their previous statement was buffalo manure – actually of far lesser value than fertilizer – the judges then closed the court for a secret trial.

UN staff protested but were ditched out of the court.

A verdict will read the verdict on 23 May 2018.

Prawet’s aim is to reveal the shortcomings and injustice of this pathetic judicial system.

Prawet also dismissed his lawyers and refused to sign any documents saying the “justice system was not sufficiently impartial to rule on royal defamation prosecutions, so he decided to deny the authority of the court.”

We salute Prawet. His stance is courageous and principled, words that have little meaning in Thailand’s deeply flawed (in)justice system.

Lese majeste repression

The Bangkok Post has an editorial on lese majeste, calling for the “misuse and abuse” of the law be ended. Essentially, the editorial calls for the law to be rewritten, citing both Sulak Sivaraksa (one of the few to get off) and Nitirat.

That’s about as brave as it gets in Thailand these days. Calling for amendment rather than the abolition of the feudal law.

Noting that since the 2014 military coup, iLaw, “at least 94 people were charged under the lese majeste law,” it is said many of those accused, charged and jailed have been “political activists, politically active citizens or merely internet users who happened to share articles deemed to offend the … [monarchy].” We think the figure is far higher (well more than 130), not least because the figure seems to omit dozens charged within Prince-cum-King Vajiralongkorn’s palace.

As well as the palace’s vindictive use of the law, the editorial might also have mentioned that the law has been used against juveniles.

The editorial concludes with the misguided claim the “late King Bhumibol Adulyadej once said he must also be criticised” as a claim that the lese majeste law be amended.

The Post is right on the need for change. Based on what we’ve seen of the prince-cum-king and lese majeste, we are not confident that the law will be amended for the better.

While on lese majeste and Vajiralongkorn, about a week ago we mentioned Tyrell Haberkorn’s East Asia Forum article on the junta’s use of political repression and lese majeste. A reader has drawn our attention to another article by the US-based academic, also on lese majeste, and in the magazine Dissent.

Her article refers to the lese majeste case against human rights lawyer Prawet Praphanukul. He’s multiple charges with “insulting” Vajiralongkorn and sedition. If found guilty, he could be sentenced to 171 years in prison.

We this is a reflection of Vajiralongkorn’s perception of lese majeste.

Giving up on the justice system

At about the same time that human rights lawyer Prawet Praphanukul challenged the courts on lese majeste, there has been a second lese majeste-related poke at Thailand’s seriously flawed and deeply politicized “justice” system.

Viboon Boonpattararaksa, father of the convicted lese majeste victim, Jatuphat, has declared that he “has given up hope in the Thai justice system, saying there is no point in trying to appeal the court’s verdict” on his son’s case. Given that Viboon is a lawyer and his activist son a law student, that’s quite a statement.

Viboon said “he will not submit an appeal request for his son.” The reason? He explained:

If I have a choice and the Appeal Court maintains justice without prejudice and try the case in accordance to the evidence and logic, I do not want to put an end to my son’s case at the Court of First Instance. But the channel to go forwards does not exist, so there is no use to do it….

He added that his son agrees with him.

Viboon said “he presumes that the upper counts will confirm the same sentence of two years and six months imprisonment handed down to his son.” And, if there was an appeal, as before, his son would be denied bail and would be kept in jail.

There is no justice when it comes to lese majeste. Lese majeste is a festering sore eating away at the courts.

Challenging the courts on lese majeste

One of the Stolen history 6, human rights lawyer Prawet Praphanukul (57) has challenged the courts on lese majeste.

Prawet is one of six persons detained on 29 April 2017 for alleged lese majeste for apparently sharing a Facebook post by Somsak Jeamteerasakul on the theft of the 1932 revolution plaque on about 5 April 2017. The junta has “blacklisted” the exiled Somsak and considered the post to favor republicanism. Other charges thrown at Prawet included computer crimes and sedition.

He has been in custody since the military grabbed him.

While little is known of the fate of the other five, Prawet, who has been critical of the military dictatorship and the lese majeste law and has defended lese majeste victims, faces a total of somewhere 171 years in jail, depending on the charges finally brought (although maximum sentencing in Thailand is 50 years).

According to the Bangkok Post, Prawet “has told the court [on 18 September] he did not accept the Thai judicial system and forfeited his right to examine witnesses and evidence against him.” Prawet said that as he did not accept the judicial system on lese majeste, then he “did not wish to examine witnesses and evidence against him.”

Prachatai states that Prawet’s challenge is to the court’s “impartiality … in his case, as it is related to the monarchy.” It reports that he prepared a statement on this lack of impartiality:

“Thai courts do not have the legitimacy to try the case. Therefore, I declare that I do not accept the judicial process in the case,” Prawais wrote, adding that he will not participate in the case nor grant authority to any lawyer to represent him.

Facing 50 years in prison, he believes that it will not make any difference whether he pleads guilty or innocent because he will not be able tell the truth anyhow.

The court, seemingly flummoxed, fell back on its usual approach on recalcitrant lese majeste victims and decided to drag things out and punish-torture Prawet. His next scheduled hearing will be on 8 May 2018.  Presumably, the court hopes that having him jailed will change his mind and he will plead guilty. If not, the court seeks to silence his criticism.

Prawet’s stand is brave and he’s undoubtedly correct. As far as we can recall, he is the first to challenge the courts in this way.

Republicanism means 50 years in prison

Talking or posting about a republic or republicanism is considered and act of lese majeste. Governments for sometime, including the ultra-royalist military dictatorship, once “defended” lese majeste by saying that it was just like defamation but for royals. The case of human rights lawyer Prawet Praphanukul, one of the Stolen history 6, clearly show that such bleating was a concoction and expressed as blatant lies.

On 25 July 2017, Bangkok’s Criminal Court “accepted charges filed against [the]… human rights lawyer facing five decades of imprisonment for royal defamation and sedition.” Thai Lawyers for Human Rights have said that Prawet is accused of posting Facebook comments that are deemed to have asserted that Thailand should become a republic.

Even Prachatai uses the term “defamation” when reporting this case. Clearly lese majeste is not defamation. Rather, it is a law that represses political opponents and jails them for daring to think about and discuss alternative forms of government.

Prawet stands accused of importing digital content “deemed defamatory to the [m]onarchy and seditious.” He is alleged to have done this from 25 January- 23 April 2017 and this probably relates to Facebook posts made by exiled historian Somsak Jeamteerasakul.

As well as being charged under Articles 112 (10 counts) and 116 (3 counts), Prawet is “also charged with Article 14(3) of the Computer Crime Act for importing illegal information online and violation of the Council for Democratic Reform (the 2006 coup-maker) Order for obstructing … the police [in]… obtain[ing] his fingerprints.”

It is easy to see that the military junta is determined to lock him away for decades, with 50 years being the legally maximum cumulative sentence. The lese majeste and sedition charges alone, if proven, amount to 171 years of jail. Few who go to court on these charges are ever exonerated by the royalist courts.

Prawet and the other five (for whom there is precious little information that PPT can locate) have been held in jail since 29 April 2017.