We were surprised to see that the Bangkok Post wrote something on the situation of monarchy reform advocates. Perhaps it is because the report is about the Clooney Foundation for Justice, where the superstar connection might have been the trigger.
The Foundation issued a statement made the all too obvious point that the current military-monarchy regime “should dismiss the case against 22 protest leaders charged with insulting the monarchy, sedition and a range of public order offences…”. Of course it should!
To do so would mean Thailand would “adhere to its international human rights obligations…”.
The Foundation’s TrialWatch Expert Kevin Bell AM KC submitted “an amicus brief submitted to the Bangkok Criminal Court.”
TrialWatch monitors criminal trials globally against those who are most vulnerable, including journalists and opposition figures, and advocates for the rights of individuals who are unfairly imprisoned. Since late 2020, CFJ’s TrialWatch initiative has been monitoring and evaluating criminal proceedings against the protest leaders, who face between seven and 15 years in prison if convicted of all charges (in Thailand, if a defendant is being prosecuted for multiple offenses for the same conduct, the defendant is to be punished for the offense with the most severe punishment).
Of course, the spinelessness of the Bangkok Post editorial policies means it only summarizes the most important bits of the statement. Here it is in full:
… The charges are based on the prosecution’s allegation that while giving speeches at a protest the defendants lied about the Thai King’s expenditures and his frequent travel to and from Germany, including during the COVID lockdowns and allegedly in violation of quarantine rules.
As documented by TrialWatch monitors who have attended the trial, the prosecution has not presented evidence that the defendants’ statements were false and the court has refused to order institutions like the Crown Property Bureau, the Royal Office, and Thai Airways to provide financial and travel records, despite the defense’s repeated requests. This has undercut the defense’s ability to prove the statements were true. As one defendant noted at a recent hearing, without access to information to prove the truth of their comments “it is as if the defendant’s side is chained with one hand to the boxing ring, preventing them from punching and fighting with the other side.” If the court does not dismiss the case, it should at least allow the defense access to the materials it needs to both mount a defense and to challenge the prosecution’s evidence and arguments, today’s amicus brief said.
… “In violation of international principles, the court has tied the accused’s hands by obstructing their attempts to obtain documents that would prove the truth of their statements about the King. The absurdity of this situation is highlighted by the fact that the defendants are charged with lying that the King was not in Thailand during certain periods at the same time as defense lawyers have been prevented from accessing routine travel records,” said TrialWatch Expert the Honourable Kevin Bell AM KC, who has fifteen years of judicial experience in the conduct of criminal trials, including as former Justice of the Supreme Court of Victoria, Australia.
Read the whole statement.