Lese majeste catch-ups

18 02 2018

Natthika Worathaiwit was one of The Facebook 8 who were arrested by the military dictatorship because of a satirical Facebook community page that poked fun at The Dictator. They were charged with sedition and computer crimes on 28 April 2016. Tow of them, Harit Mahaton and Natthika were charged with lese majeste.

Initially all were refused bail. When six of the eight were bailed, a military court refused bail for Natthika and Harit. The two firmly maintained their innocence. After more than two months in prison, on 8 July 2016, the two were released on bail. A month later, a military prosecutor indicted the two anti-junta critics on lese majeste and computer crimes.

Little more was heard about the case until in January 2018 Natthika revealed that she had decided to flee Thailand to seek asylum in the U.S. She remains critical of the military dictatorship. Prachatai has an interview with her in the U.S.

Prachatai also reports on a case with a curious twist. Back in March 2016, it was reported that that nine persons are to be charged with lese majeste over the Tob Jote/ตอบโจทย์ television show in 2013. ThaiPBS aired the program on the monarchy and lese majeste law on 11-14 March and 18 March 2013. The series featured historian Somsak Jeamteerasakul who later went into exile, conservative royalist Sulak Sivaraksa, the execrable Surakiart Sathirathai and retired ultra-monarchist Police General Vasit Dejkunjorn. The show hosted by Pinyo Trisuriyathamma. All are mentioned in the new set of charges, with four others.

Later, in July 2014, the National Broadcasting and Telecommunications Commission (NBTC) imposed a 50,000 baht fine on ThaiPBS for broadcasting political discussions about the monarchy. The NBTC declared that the broadcasts violated “Article 37 of the NBTC Act. The Commission accused the station of publishing content that instigated conflict, damaged peace and order, or damaged the good morality of the people.”

Royalists and the junta could not abide by notions that Thais could have a reasonable discussion of the monarchy or be allowed to think for themselves about the monarchy.

On 15 February 2018, the Administrative Court invalidated the fine. In doing so, it ruled that the NBTC showed bias (which is standard operating procedure for this bunch of junta minions). That bias got a name:  Lt Gen Peerapong Manakit, one of the NBTC members. According to the report, the “court ruled that bias on the part of … [Peerapong] who proposed the punishment, led to an unfair trial. The court ordered the Commission to refund the fine to Thai PBS…. However, the verdict does not rule whether the show’s content was legal or not.”

It is an interesting ruling. If Peerapong’s name rings a bell, it could be because he is another of those military hogs who can’t keep out of the trough, as reported in The Nation:

… there was a public outcry after an Office of the Auditor-General investigation revealed Peerapong Manakit had topped the list of the National Broadcasting and Telecommunications Commission members who had made the most overseas “study” trips last year…. He spent about one-third of his time (129 days) on 20 overseas trips at a cost of Bt12.03 million…. Peerapong has reportedly appointed his wife Janya Sawangjit as his adviser, effective October 1. Her salary is Bt120,000 a month…. It is not clear if NBTC commissioners can take their advisers on overseas trips.

Of course, nothing happened about this nepotism and he remains a commissioner, with a bunch of other military and royal-connected men.





Sulak, lese majeste and double standards

26 01 2018

Two prominent intellectuals, both aged, have been in the news of late. The different paths of their cases say something more about the double standards operating in the justice system.

The first is Sulak Sivaraksa, and we have posted on his case, here and here. Sulak has recently been reported as “explaining” his actions on his most recent lese majeste case and how the charge came to be dropped.

He has written that he “had no other choice but to petition the King to encourage the junta to end a prosecution against him for lèse majesté.” He refers to something he calls “royal grace” being involved. What he seems to mean is that the king told the junta “to end the lawsuit…”. This is not the first time that the palace has been involved in dropping charges against Sulak. The publicity his cases have generated are damaging for the throne although, as a reader who was involved tells us, the palace liked to let it be known that it was lenient because Sulak was a little mad.

The junta initially ignored or rejected pleas, many of them international, leaving Sulak “no choice but to ask Rama X for help.”

Sulak, who has previously taken a partisan approach to the law, claiming that the law should be used against those who do not have the interests of the monarchy at heart, this time “urged the junta to release those convicted under Article 112 during the late King Bhumibol Adulyadej’s reign.” But not the new king’s reign? Odd, as we thought he had supported Jatuphat Boonpattaraksa.

On the day he was acquitted, Sulak told media that, “I believe the barami (glory) of the King protected me. The King did so many things behind the scenes. In my case, if not for [the King’s] barami, I would not be freed, because the Prime Minister is a jerk and is someone who never thinks of doing anything courageous. He is scared. If not for royal barami, my case would never end.”

Bottom line: he got off. We would like to see other lese majeste victims treated in this manner.

The second is Charnvit Kasetsiri, a former rector of Thammasat University and a long-term junta critic. Police have issued a summons for “sharing a fake news report about a purse of Prayut[h Chan-ocha]’s wife.”

On 23 January, police from the Technology Crime Suppression Division summoned Charnvit Kasetsiri to report to police today. As the report explains, “Charnvit was accused of disseminating forged computer data likely to cause damage to a third party, a violation the Computer Crimes Act. If found guilty, he will face up to five years in jail, a fine of up to 100,00 baht, or both.”

The accusation involves a social media discussion that saw Naraporn Chan-ocha accused of carrying a two-million-bath Hermes handbag, “while it is, in fact, a product of Thailand’s Royal Folk Arts And Crafts Centre and costs no more than 10,000 baht.”

Bottom line: The junta can lie its pants off (think election dates) but sharing a post (later corrected) about The Dictator’s wife is a crime.

We think the charges against Charnvit should be dropped too. Will they be dropped or is this just another effort to silence critics (of the “wrong” kind)?

The justice system now operates with double standards at the core of its feudal-like operations.





More on Sulak’s case

22 01 2018

A couple of readers mention information they think we should have made clearer in our post on Sulak Sivaraksa again foiling a lese majeste charge.

In our post, we observed:

Sulak is also a self-declared conservative and monarchist. Perhaps that’s why he chose to have this reported: “Sulak said he credited the mercy of King Rama X for the case being dropped.”

One reader points out that an AP report said more:

Sulak, a veteran academic and proclaimed royalist, said he had petitioned Thailand’s new king, Vajiralongkorn, for help in dropping the charges against him.

“I contacted many people for help but no one dared to. So I petitioned the king. If it weren’t for His Majesty’s grace, this case would not have been dropped,” he said.

That is an important addition.

Another reader says we should have been more forthcoming on Sulak’s royalism:

Sulak Sivaraksa has a dilemma in the contradictions between his continuing platitudes on the ills of Western capitalism, neo-liberalism and consumerism on the one hand, and on the other hand his inability to come to terms with supporting (whenever this appeared in recent history) a people’s elected government and endogenous grassroots democracy. He fails to perceive of how society can develop, and in his lay preaching offers his followers only nostalgic platitudes on an “ideal Dhammic society”; one that seemingly cannot coexist with the amoral power of today’s global market forces. He recalls the time of Siam’s founding royal father King Ramkhamhaeng: “a perfect [*though in fact unequal and exploitative] society guided by Dhamma”. He unashamedly went on stage supporting the right-wing yellow shirts against an elected government and in praising the “positive elements” of the core leaders of PAD which successfully twice sabotaged an elected government. He explained in a talk on “How to Achieve Our Democracy” a couple of months after 2006 coup: “I will not offer any view on the recent coup d’etat. I will not criticize those who are in power now and will not discuss about the government of the present prime minister (General Surayud Chulanont) and his ‘parliament’. I think many individuals in power now are good. At least, they have good intentions and want to make changes to benefit the people as a whole…” (Sulak 2008).

Sulak (“Non-violence is not simply the absence of physical violence,” The Nation, March 1, 2006), it seems, is stuck on a negative propagandized image of ex-PM Thaksin Shinawatra, who he compared ignobly to “a dog” on the PAD stage . He was silent when the state massacred unarmed protesters in Bangkok, though in one recorded interview said that this incident was, quote, well, rather “unfortunate” (sic). Even today Sulak has refused to criticize the repression and violence against innocent pro-democracy protesters or activists– as he had earlier cheered the military and ultra-royalists when they came to power in the guise of conditional “peacemakers” on 19 September 2006.





When the military is on top XII

19 01 2018

It is some time since our last post with this title. There’s a general air in the press and on social media that the political tide may be turning.

For example, commentator Thitinan Pongsudhirak says he can see “civil society noises, together with political parties, are now on rise and may build into a crescendo of opposition to the military government.” Others are pleased to see the detestable Abhisit Vejjaiva “damning” the military government with language that is advisory in tone on General Prawit Wongsuwan’s large collection of luxury watches. On social media, many have lauded the dropping of yet another lese majeste case against Sulak Sivaraksa.

While there is some cause for cheer, it might be noted that much of this criticism is coming from yellow shirts and anti-democrats, many of whom were strong supporters of the 2014 military coup. This suggests that that coalition of anti-democrats is unraveling as the junta seeks to embed its rule. The unanswered question is what they propose as an alternative to the junta. Do these critics propose using the junta’s rules and having a military-dominated administration post-“election” – a Thai-style democracy – but where that dominance is not as total as it is now. That is, a simple refusal to allow General Prayuth Chan-ocha to hang on as head of a selectorate regime? Nothing much that any of these “opponents” have proposed since 2005 has looked much like an open political system.

What we can also see, and this also deserves attention from those cheering these developments, is that the junta continues to crackdown on other opponents.  One case involves the National Anti-Corruption Commission, criticized on Prawit, but widely supported by anti-democrats in an action to “determine whether … 40 [elected and pro-Thaksin Shinawatra] politicians submitted the [amnesty] bill with ‘illegal’ intent” back in 2013. If found “guilty,” they would all be banned from the junta’s “election,” decimating the already weakened Puea Thai Party.

Even when criticizing Prawit’s horology obsession, some critics are tolerated and others not. For example, Abhisit and yellow-hued “activists” can criticize, but what about Akechai Hongkangwarn? He’s identified as an opponent, so when he was critical, “four police officers … turned up at [his]… home … to serve a summons.” The “charge” seems to be “posting obscene images online…”. An obscenely expensive watch perhaps?

Then there’s the warning to critics of the junta that there call for The Dictator’s use of Article 44 for to not be made into law. Maj Gen Piyapong Klinpan “who is also the commander of the 11th Military Circle, said the NCPO [junta] is monitoring the situation. He said the NCPO did not ban the gathering on Monday since it was held in an education institute where academics were present to share knowledge. The NCPO merely followed up the event and tried to make sure those present would not violate any laws.” In other words, watch out, you’re being watched. It’s a threat.

Amazingly, Maj Gen Piyapong then “explained” these political double standards:

Commenting about political activist Srisuwan Janya, who has criticised the regime, Maj Gen Piyapong said there is no need to invite the activist for talks as he still has done nothing wrong, but the junta will keep tabs on his movements. “Currently, there is still no movement which is a cause for concern,” Maj Gen Piyapong said.

And, finally, if you happen to be one of those unfortunates – a citizen in the way of military “progress” – you get threatened with guns. At the embattled Mahakan community, where a historical site is being demolished, Bangkok Metropolitan administrators called out the military to threaten the community. The deployment of troops was by the Internal Security Operations Command.





Updated: Sulak’s lese majeste charges dropped

17 01 2018

Sulak Sivaraksa is one of the few in Thailand who has been able to defeat lese majeste charges. He’s done this repeatedly. And he’s just done it again.

Over the years, since at least 1984, Sulak has faced repeated rounds of lese majeste charges and has spent time in jail.

It is reported that one of the most bizarre of these cases – lese majeste and computer crimes – has been dropped by a military court. The charges related to his questioning, several years ago, whether an ancient story of 17th century King Naresuan’s elephant battle with a Burmese royal was real or a legend.

Sulak stated that “the military tribunal dropped the charge without explanation.” However, Khaosod reports “Maj. Gen. Choedchai Angsusingha, chief military prosecutor, said the case lacked sufficient witnesses to prosecute Sulak…”.

The critic’s capacity to get off such charges is uncanny, especially when hundreds of others fail and many are essentially forced to plead guilty. He’s also adept at getting bail while facing the charges, something precious few others get.

Certainly, one of Sulak’s strengths is the huge international support he receives, through long-established networks of religious and social activists. He’s also got considerable cross-color support in Thailand from academics, NGOs and activists who have associated themselves with Sulak’s work over several decades. Even the junta is reluctant to challenge such a spectrum of opinion-makers. Finally, Sulak is also a self-declared conservative and monarchist. Perhaps that’s why he chose to have this reported: “Sulak said he credited the mercy of King Rama X for the case being dropped.”

Update: Prachatai has a critical op-ed on this case, related to some of the issues we raise in our last paragraph. Well worth reading. The picture of Sulak Sivaraksa receiving an honorary doctorate from King Vajiralongkorn on 1 December 2017 at Thammasat University is clipped from the story.





Updated: The impacts of lese majeste

25 11 2017

Somehow we missed an article by journalist Delphine Thouvenot who writes for AFP. “Trading Softly in Thailand” is interesting because it is an attempt to cut through the palace propaganda and show the impacts of the lese majeste law. It is worth reading in full, but here are some interesting bits:

In many ways, I should have been moved when some 300,000 people poured out on the streets of Bangkok in October for the days-long funeral of Thailand’s late King Bhumibol….

But as a foreign journalist, I was well aware of the other side of the monarchy, which is protected by one of the strictest lese-majeste laws in the world. People have landed in prison for posting an unflattering BBC portrait of a new king on Facebook, or posting comments deemed insulting to the late king’s dog (seriously)….

On the funeral: “All other coverage vanished from newspapers and television.”

When I first got to Thailand, I, like most Westerners, was also fascinated by the ceremonial rituals of the land….

But after four years of living here, the initial fascination had worn off….

I did not see anyone questioning whether the year-long mourning period, or its cost or impact, was justified….

Well, we had some comments, but back to the story:

Because of the lese-majeste, news outlets like AFP have to tread carefully about what they write about the royals. So reporting in Thailand has been tricky at times….

A few days before the funeral, I went to interview Sulak Sivaraksa…. He is a rare intellectual who dares to speak out, but still with extreme caution. The only thing that he accepts to have on the record is that, if past kings are also protected by lese-majeste laws, historians won’t be able to do their jobs….

Ahead of the cremation, I tried to find analysts to speak about the significance of the event. I got one refusal after another. Finally one, David Streckfuss, based in Thailand, agreed. He dictated his quotes to me word by word, changing them here and there to make sure the formulation was not too daring. Normally I would have found this nitpicking ridiculous. But here, I could understand his caution.

One of the things he told me is that other monarchies, like the one in Britain, could evolve because they were open to criticism from civil society. There is nothing like that in Thailand. On the contrary, the Thais are always careful what they say about the royals — there have been instances of people being denounced by a brother, a taxi driver, a neighbor….

Britain’s Daily Mail has been blocked in Thailand for years, after publishing embarrassing material about the new king….

The royal palace is a well-oiled [propaganda] machine. There are no news leaks here. Messages are transmitted in circuitous ways….

That’s not entirely true as there are leaks (think of the naked Srirasmi video), but the general point is true. And, under King Vajiralongkorn, expect efforts to prevent leaks as he attempts to control his image ever more carefully.

To understand what’s going on in Thailand, you need to become adept at reading nearly subliminal signals at times. For example, on the day of the cremation, I see a woman get down from the new king’s Rolls Royce. She is dressed in red, like the new king, and is a familiar face at official ceremonies, but newspapers never write her name or title. (Like they never write about sons who were products of the new king’s second marriage and who currently live in the US.)

A video colleague who had come from Hong Kong to help with coverage asks who the woman is, so that he could put it in the script accompanying his video. Thai colleagues get uncomfortable and tell him to forget it. We all know who she is, but we can’t write her name without official confirmation.

So I call the palace spokeswoman to ask this young woman’s title. After a long pause, she directs me to the office of the new king…. which never answers the phone. The identity of the mystery woman will remain for our clients just that… a mystery.

Of course, there was more than one consort-concubine involved.

Needless to say, neither I nor any of my colleagues have interviewed the new king. I made a request to do so last year, when he was still a crown prince. I was told to go directly to his palace, Ambarasathan, to deposit my written request by hand. I’ll never forget the guards at the palace, all wearing a pin with a portrait of the prince as a baby on their uniforms. I never did get that interview, but the trip was worth it just to see those pins. To me they spoke volumes about the personality of the next king who will head this nation.

We are left to assume that Delphine Thouvenot has left Thailand. Otherwise there would be trouble. There would be trouble because of revealing nothing other than the secrecy of the palace and its machinations.

Update: A reader pointed us to an Australian radio report as an example of the pathetic approach still taken by some reporters based in Bangkok and for who the initial fascination has not worn off. The bit on Thailand must please the palace propagandists.





Time to stand up

14 11 2017

It has been said that it is better to die on your feet than live on your knees. We wonder if this wouldn’t be better for Thailand’s media, which is traditionally on its knees before military regimes (and palace propaganda).

We notice that the Bangkok Post has demanded that the lese majeste accusations against Sulak Sivaraksa be dropped.

The Post’s editorial states that:

… the police formally charged the internationally famed 85-year-old Mr Sulak with lese majeste. An alleged violation of the Computer Crime Act was tacked on, as it so often and lamentably it is. A military court prosecutor will decide on Dec 7 whether to proceed with the charges.

Of course, the charge is a nonsense. But so are all lese majeste charges. The Post reckons that “the four previous charges had a tiny shred of substance.” Really? If so, why were all of them ditched?

This statement implies that the Post thinks some lese majeste charges are valid and it supports this feudal law. Which charges does it feel are “valid”? The one against a 14 year-old child jailed in Khon Kaen and awaiting sentencing? The man who “insulted” a dead dog that had something to do with a now dead king? The young law student jailed as one of thousands who shared a BBC Thai story? The mother jailed for decades? The family of the king’s former wife jailed in spite? The woman jailed for selling chilli paste to the palace at inflated prices?

Sulak is easy enough to support. He’s a royalist, he’s a middle class iconoclast and he’s a conservative.But all of this lese majeste stuff is a nonsense and makes Thailand a sad country seemingly stuck in some period in the 17th century.

It is long past time for the mainstream media to find its feet. Abolish this ludicrous law and free all political prisoners.