More on 112 charge for 14 year-old

5 02 2023

Oddly enough, it is Thaiger and the Laotian Times that have picked up the case of the 14 year-old girl – the youngest ever – charged with lese majeste. Here’s what Thaiger reported about the royalist  vigilante-inspired charge:

Thai police summoned a 14 year old girl to a police station for questioning after an ultra-royalist accused her of royal defamation, according to Thai Lawyers for Human Rights.

She is the youngest person ever to be charged with royal defamation, also called lèse-majesté.

Arnon Klinkaew, a core member of an ultra-royalist group, accused the child of violating Section 112 of the Criminal Code over her alleged involvement in a protest at the Giant Swing in Bangkok on October 13, 2022.

 The legal summons from Samran Rat Police Station in Bangkok was dated January 23, 2023….

 Arnon accused the high schooler of attending the protest at the Giant Swing near Bangkok City Hall on October 13 and participating in the writing of a placard calling for the abolition of Section 112.

 Thai Rath reports that a lot of people attended the protest, where the media and police were also present. Undercover police officers allegedly joined the protest to take photos and film demonstrators….





Repression of monarchy reformists

20 11 2022

DW recently had a story that sought to assess where the democracy/monarchy reform movement is more than two years after the movement spectacularly burst on the scene.

In essence, the story is that the monarchy reform movement has been so repressed that it is difficult for activists to engage in political advocacy.

Clipped from Prachatai

The youth-led protest movement, “calling for constitutional reforms to rein in far-reaching powers of the country’s monarchy” and for the resignation of Gen Prayuth Chan-ocha, “inspired hundreds of thousands of people across Thailand…”.

But, over two years later, the military-backed, pro-monarchy regime has managed to silence many and drain the movement of energy.

The repression that has dogged activists has resulted in lese majeste charges in the hundreds, long jail terms for some, and the development of a surveillance state that weighs China-like on anyone deemed a “threat.” The regime increasingly relies on cyber snoops and ultra-royalists, many of them with links to the military and ISOC, to bring complaints that result in charges, arrest, and detention.

Arnon. Clipped from Prachatai

For example, human rights lawyer and activist Arnon Nampa, faces at least 14 lese majeste charges, and was detained for more than 200 days without bail. Other activists are kept busy fighting a myriad of charges.

Democracy activist Patsaravalee Tanakitvibulpon explains: “Many of our friends are still detained…. Some have been held for more than 200 days.” As DW has it, “there are [now] at least 11 political detainees, including three on lese majeste cases.”

Patsaravalee reckons “the government had made people ‘numb and accustomed’ to protesters being detained.”

Even when bailed, there are sometimes ludicrous conditions that amount to house arrest, “along with a hefty bond and vague conditions that limit their freedom of expression and movement.” For example, Arnon “is prohibited by court order from encouraging others to protest and is not allowed to share posts on social media about demonstrations.”

Activist Chonthicha Jaengrew said “these conditions forced people into self-censorship, as ‘even voicing opinions in good faith could put us at risk of our bail being revoked’.”

Chonthicha said such “bail conditions had blunted the protest movement.” As she explained: “We don’t know when these conditions will be used as a tool to revoke our bail, which forces us to be more careful [in our speeches and actions]…”.

Several activists have fled Thailand.

But it is not all a gloomy story. Clearly, the discussion of the monarchy is now more widespread, and activists know that there has been a groundswell of broad support. Arnon thinls “more politicians in the future would be emboldened to question the Thai monarchy.” As he observes: “Discussing the monarchy has caught on…. We might not see a radical change like a revolution … but one thing is for sure: Thai society will not backtrack.”





Silencing MPs on 112

6 11 2022

Prachatai reports that yet another ultra-royalist vigilante group is seeking to silence critics of the lese majeste law. This time, they are targeting an elected member of parliament for a speech made in parliament, later posted online.

Move Forward party MP Amarat Chokepamitkul recently “posted a video clip on Twitter of herself speaking about court neutrality issues in royal defamation [Article 112] cases.”

Amarat. Clipped from Prachatai

The “King Protection Group posted on its Facebook page on Thursday (3 November) that its President Songchai Niamhom went to Phatthalung Provincial Police Station to file a royal defamation [lese majeste] and sedition complaint against Amarat, claiming that she defamed the monarchy in a Twitter video of herself speaking during Wednesday’s parliamentary session.”

In her speech, Amarat “discussed the court’s neutrality when dealing with royal defamation cases and how courts refused to summon documents to be used as evidence in these cases, such as records of King Vajiralongkorn’s travel to and from Germany and records of the transfer of shares in Siam Commercial Bank.”

In the meeting, conservative House Speaker Chuan Leekpai “told her to keep her discussion to what benefits the public and not to talk about the monarchy. He eventually cut off her microphone.”

As is usual, the “the police accepted Songchai’s complaint and said that they will investigate the matter and submit the case to their superiors.” That usually leads to a charge.





Nine-year 112 sentence

22 10 2022

Clipped from Prachatai

Based on Thai Lawyers for Human Rights reporting, Prachatai has an account of the quite bizarre case of Pakpinya (last name withheld), 31, a  hospital librarian, singer, and model living in Bangkok.

Bizarre is the right term for the whole “case,” cobbled together on yet another complaint by ultra-royalist vigilante Pasit Chanhuaton. He has filed Article 112 complaints against at least eight people with the police in Sungai Kolok.

On 19 October 2022, a court in Narathiwat sentenced Pakpinya “to 9 years in prison on charges of royal defamation and violation of the Computer Crimes Act for sharing Facebook posts about the use of violence to disperse pro-democracy protesters in 2020 and the public being prohibited from using Sanam Luang.”

Phasit searched for and identified six posts he attributed to claiming they constituted lese majeste. He claimed these shared posts were from Facebook pages belonging to activist groups.

Some of these posts criticized police crowd control when they used water cannon against protesters, He claimed that Pakpinya “added a caption saying that people would be able to enter if they wear a yellow shirt.”

The royally deranged Pasit also accused her of sharing a post from คนไทยยูเค claiming that the king ordered the use of violence against protesters. He alleged that she also shared a post critical of the royal use of Sanam Luang while the people were locked out.

Three other posts were about enforced disappearances and the regime’s mismanagement of the Covid-19 pandemic and vaccine production.

TLHR point out that while the police did little investigation and Pasit lied, the court still founf Pakpinya guilty in three of the six instances.

Pasit said:

… he has never met Pakpinya, but insisted that she is the owner of the Facebook profile he filed a complaint against.

During cross-examination, Phasit claimed that he was not involved with the royalist group Citizens’ Network to Protect the Monarchy, even though he stated when he filed his complaint that he was a member. He also claimed not to know who the group’s leaders or members were, and that he knew that the network has been filing royal defamation complaint against people in various provinces, but did not know where.

Phasit said that he took screen captures of the posts from his mobile phone and did not print them out from Facebook, so there was no URL for each post, and that he adjusted the size of each picture before putting them into Microsoft Word and printing them out.

The police apparently didn’t investigate any of Pasit’s claims or his “evidence.” For instance:

Pol Maj Natee Chansaengsri, an inquiry officer at Su-ngai Kolok Provincial Police Station, also testified that he did not ask to see Phasit’s mobile phone, or for the original files of the photos he printed out. The police also did not confiscate Phasit’s mobile phone and laptop, so he could not confirm whether the content used to file the complaint matched with what is on the Facebook profile.

He also said during cross-examination that it was not possible to determine the IP Address that uses the profile, and that identity could not be determined from a YouTube account. He admitted that it is possible for Facebook accounts to share names and that he does not know if information on Facebook can be changed by another person.

After the verdict, Pakpinya was later granted bail with a 200,000-baht security. She said: “I want to know how twisted the Thai justice system can be…”.

The answer is very twisted indeed.





Bent law enforcement and warped institutions

7 08 2022

Rotten to the core

The legal system from police to the highest court is rotten to the core.

Prachatai reports that after 7 years, “the public prosecutor has decided to indict activists from the New Democracy Movement (NDM) and the Dao Din group on charges of sedition for an anti-junta protest in front of Pathumwan Police Station on 24 June 2015.”

There were 17 people “charged for participating in the 24 June 2015 protest, including activists Jatupat Boonpattaraksa and Chonticha Jaengrew, activist-turned-Move Forward Party MP Rangsiman Rome, and Thanathorn Juangroongruangkit, leader of the now-dissolved Future Forward Party.”

On 4 August 2022, that the public prosecutor decided to indict 10 of the activists 7 years after the protest and 3 years after the charges were filed. They were later granted bail using a security of 70,000 baht each.”

Meanwhile, the well-connected rich and powerful get away with murder.

Prachatai also reports that the royalist judiciary via its Judicial Commission has unanimously ruled to remove judge Wichit Leethamchayo from the Supreme Court “after he was found to have joined pro-democracy protests…”.

It seems that “right-wing groups accused him of showing support for pro-democracy protests on at least two occasions in 2021.” Ultra-royalist Maj Gen Rientong Nan-nah “filed a complaint with the Judicial Commission in March last year accusing Wichit of showing ‘anti-monarchy behaviour’ in front of the Supreme Court on 13 February. Rienthong also claimed that Wichit posted anti-monarchy comments on Facebook using the name Wichit Lee.”

The Commission agreed, with “judges on the Commission called out his ‘anti-monarchy’ stance.”

As the report notes, this judiciary is biased. Judge Methinee Chalothorn, who was appointed President of the Supreme Court in September 2020, has been seen in published photos attending “a right-wing anti-government PDRC protest which led to the military coup in 2014.” Of course, she’s not been censured as supporting the right, ultra-royalists is second nature for most judges. In fact, it is revealed that:

the Judicial Commission’s minutes confirming that it had acknowledged Methinee’s participation in the anti-democracy protest in July 2020, 3 months before the appointment of a new President of the Supreme Court in October. Yet the Commissioners voted 13-1 to approve her appointment with several judges giving the opinion that being at a protest site does not mean that she showed support for the protest. Worasit Rojanapanich, an external examiner for the Commission, said that her participation was “graceful” for a judge because she acted out of love for the nation and the monarchy.

Clearly monarchism and the monarchy has crippled the judiciary. Its royalism is the reason for denied bail, the avalanche of 112 convictions, and endless double standards.

And royalism is infecting other institutions, with Prachatai reporting that the “unelected Senate has voted 146-38 not to appoint Prof Arayah Preechametta to the National Anti-Corruption Commission (NACC). The meeting minutes are confidential, but Isara News cites an anonymous source in the Senate claiming that the candidate was not approved because his ideas were contrary to the conservatives.” By “conservatives” is meant royalists, ultra-royalists, and supporters of the military/monarchy-backed regime.

Isara News cited an anonymous source in the Senate claiming that during the meeting it was mentioned that a person filed a complaint against Arayah because he had political ideas in opposition to the conservatives. The Senate eventually voted to reject Arayah on the basis that he was insufficiently right-wing. Presumably the unelected swill want “trusted” compatriots making the “right” decisions.





Kanlaya gets 6 years on lese majeste

5 08 2022

Narathiwat Provincial Court has been busy with Article 112 cases. Like other royalist courts, it has been jailing people. Just a few days ago we posted on the sentencing of Udom (pseudonym), a 34-year-old factory worker, to 6 years in prison using Article 112 and the Computer Crimes Act. In that post, we also linked to the pending case of Kanlaya, a 27-year-old employee of a company in Nonthaburi, facing lese majeste and computer crimes charges following a complaint by ultra-royalist vigilante Pasit Chanhuaton. The odious Pasit had also complained about Udom.

Kanlaya’s now been sentenced.

Thai Lawyers for Human Rights reports that Kanlaya was found guilty under Article 112 and computer crimes. She was sentenced her to 6 years in prison.

Kanlaya denied the charges.

The complaint against Kanlaya concerned a number of Facebook posts and comments about the King and the 2020 – 2021 pro-democracy protests. iLaw reported that one of the comments was made on a Facebook post about the film The Treacherous, a Korean period drama film about a tyrannical king, which caused another Facebook user to accuse Kanlaya of insulting King Vajiralongkorn, so her friends argued with the person to defend her. She speculated that the user was not happy with what happened and started collecting information from her Facebook page before filing charges against her.

Another post was a picture Kanlaya took during a protest at Wongwian Yai on 17 October 2020 of a message sprayed-painted onto the road. She was also charged for sharing posts made by exiled academic Somsak Jeamteerasakul and activist Tanawat Wongchai and adding comments to them.

The “evidence” against her “included made up screenshots without a URL or a date and time of the posts, so they could have been edited, while each post could be interpreted widely if read separately and mentioned no one by name.”

But the royalist court was unconvinced and went to work concocting its conviction:

… the Court ruled that she was guilty because she testified during the police inquiry process that her former partner used to be able to access her Facebook account, but she changed the password after they broke up in December 2020, so it is believable that she was the one using the account.

The Court also ruled that the messages combined with the movement for monarchy reform can be interpreted to be referring to King Vajiralongkorn, and that they are intended to cause hatred against the King, affecting national security.

Thai Lawyers for Human Rights says ultra-mad royalist Pasit has now filed 112 “complaints with the police in Sungai Kolok against at least 20 people, none of whom lives in Narathiwat.”

Kanlaya was granted bail in order to appeal.  She was bailed.





Dangerous, barking mad royalist

17 07 2022

Thaiger reports that Tossaporn Srirak a former Puea Thai Party MP faces a sedition charge following a complaint made to police by ultra-royalist Sonthiya Sawasdee, a saying he is “former adviser to the House committee on law, justice, and human rights.” By our reckoning the quite looney Sonthiya knows nothing of justice or human rights, but is an active lawfarist.

He believes that wondering aloud if the troubles on the streets of Sri Lanka, due to food and fuel shortages, forcing the nation’s president, Gotabaya Rajapaksa, to flee for his life and UK Prime Minister Boris Johnson’s troubles was facing Thailand under the General amounts to sedition, “whipping up hate against the PM Prayut Chan-o-cha…”.

The mad monarchist “urged police to launch an investigation into Tossaporn because he believes his Facebook post ‘Do you want it like the UK or Sri Lanka?’ could be interpreted as a call for unlawful insurrection against PM Prayut and his government.”

Of course, Sonthiya has a long record of taking up royalist and rightist causes. Back in 2015, Sonthiya, then reported to be “a representative of a political group called the Federation to Monitor the Thai State,” filed a complaint with the Crime Suppression Division against then US Ambassador Glyn Davies for a talk at the Foreign Correspondents’ Club of Thailand where he expressed concern about “the lengthy and unprecedented prison sentences handed down by Thai military courts against civilians for violating the lese majeste law…”. He added that “[n]o one should be jailed for peacefully expressing their opinion…”. Sonthiya screamed lese majeste.

In 2018, it was a madder Sonthiya who demanded the Election Commission to investigate the newly-formed Future Forward Party and whether it might amend the lese majeste law.He said Article 112 was off limits.

He was especially “busy” in 2021, trying to see off the calls for reform, including to the feudal monarchy. In April, Sonthiya urged police to investigate Jatuporn Promphan for lese majeste following a speech to a protest for the Sammakhi Prachachon Pheu Prathet Thai (People’s Unity for Thailand). The protest was about ousting the General, but Sonthiya thought anti-monarchism was at work, presumably because Gen Prayuth is a royalist and his regime a lackey for the palace.

Then in May, by then Palang Pracharath Party member, Sonthiya demanded that the Criminal Court review its decision to free lese majeste detainee Parit Chiwarak on bail after the protest leader was accused of violating his bail conditions in a social media post.

By July, Sonthiya was working a tag-team with red shirt traitor and now regime flunky Seksakol [Suporn] Atthawong to bring charges against opposition politician Sudarat Keyuraphan for “wrongly accusing the government of poorly managing the Covid-19 crisis.” This was deemed not a fact but defamatory.

And, in November Sonthiya was (barking) mad that Miss Universe Thailand Anchilee Scott-Kemmis for standing on what looks like a Thai flag in a picture released online in a promotional campaign before Anchilee competed in the 70th Miss Universe pageant in Israel. Sonthiya wnated her investigated for breaching the 1979 Flag Act and a PM’s Office announcement banning the use of national flags for commercial purposes.

The problem with mad monarchists is that they are often taken seriously by royalist regimes, police, judges, and prosecutors.





The weight that is 112

6 07 2022

Article 112 is stifling not just dissent, but Thailand itself. The weight of Article 112 is felt by the young, the innovative, and just about everyone who is interested in a more open politics. Blame the regime. Blame the royalist drivel taught in schools and paraded through the media. Blame ultra-royalists and their infantile attachment to symbols of a feudal path. Blame a judiciary that has lost its way as it protects neo-feudalism.

Of course, as everyone knows, there are attempts to change things. Such efforts are usually met by repression doled out by a blood-thirsty military.

The most recent effort to change things and to roll back neo-feudalism began two years ago. La Prensa Latina has an article about this anniversary and meets up with some of the leading protesters and the manner in which the military-monarchist regime has sought to silence them with lawfare and the legal weight of lese majeste and other serious charges.

Clipped from Prachatai

The article begins with Panusaya “Rung” Sithijirawattanakul. She now attends university classes wearing an electronic monitoring (EM) device on her ankle. The 23 year-old has been charged with 10 counts of violating the lese-majeste law and a 16 other charges.

The regime’s idea is that semi-house arrest, EM, a 9pm to 6am curfew, and a myriad of legal cases means she’s got no time or opportunity for much else.

Maynu Supitcha, a 20 year-old university student from Thaluwang “has conducted street surveys on the monarchy, and other peaceful protest actions, for which they said authorities handed them three lese-majeste charges.” Maynu also has EM.

Panupong “Mike Rayong” Jardnok, “said he has been slapped with more than 40 charges, including 16 related to lese-majeste, which could see him spend nearly a lifetime in jail.”

 

According to recent data there are now some 210 Article 112 cases since November 2020.





Piyabutr accused of lese majeste

18 06 2022

The Nation reports that the Progressive Movement’s secretary-general Piyabutr Saengkanokkul “will meet police investigators on June 20 about a lese majeste accusation levelled against him.”

Piyabutr posted on Facebook “that police had initially summoned him for questioning on June 12. However, he and his lawyer were busy and asked to postpone the meeting to next Monday [20 June] at 10am.”

Apparently, the summons results from “a complaint filed by independent historian Thepmontri Limpaphayom accusing Piyabutr of insulting the monarchy under Article 112 of the Criminal Code.” We are not entirely sure what “independent historian” means. In any case, we do know that he’s an ultra-royalist.

Piyabutr “has maintained that his comments about the Thai monarchy and calls for reforms were purely aimed at helping the institution survive modern-day challenges.” He stated: “None of my comments suggested transforming [the Thai political system] into that of a republic. No insults were levelled against the monarchy…”.

Piyabutr was referring to commentary he has provided about the monarchy and reform for over a decade. He added: “None of my comments can be seen as violating Article 112…”. This is the first time he’s been accused of lese majeste.

He claimed that this complaint by “those hyper royalists and ultra-royalists” was only “aimed at discouraging him from commenting on reforms of the monarchy…. They want to make me stop speaking, but they can’t…”.





Updated: Lazada madness

17 06 2022

Back in May, royalists went berserk over a TikTok advertisement produced for the Chinese firm Lazada, screaming lese majeste.

On 16 June 2022, the police arrested Aniwat Prathumthin, aka “Nara Crepe Katoey”, Thidaporn Chaokuwiang, aka “Nurat”, and Kittikhun Thamkittirath, aka “Mom Dew,” and charged all three with Article 112 offenses. Aniwat has also been charged under the computer crimes law.

The three were arrested by Technology Crime Suppression Division police, Thidaporn in Ayutthaya, Aniwat at Don Muang airport, and Kittikhun in Bangkok’s Wang Thong Lang district. Each was released on bail of 90,000 baht.

The charges stemmed from a “Lazada clothes shopping clip features Thidaporn in traditional Thai costume and sitting in a wheelchair, while Aniwat was seen accusing Thidaporn, who plays her aristocratic mother, of stealing her clothes.”

The video immediately drew criticism from ultra-royalists who claimed the video mimicked royals, including Princess Chulabhorn who is sometimes seen in a wheelchair. The royalists also reckoned the advertisement mocked the disabled, but that was a smokescreen for their real complaint based on their own hypersensitivity on things royal. Their immediate reaction led to a hashtag campaign on Twitter to boycott Lazada, a call taken up by the Royal Thai Army, Royal projects and foundations, among others.

Clipped from Thai PBS

Lazada issued an apology, as did “Intersect Design Factory, the company which hired the influencers to promote the Lazada sales campaign…”. It was serial campaigner and royalist activist Srisuwan Janya who lodged a complaint with the Technology Crime Suppression Division police, “accusing Aniwat of offending a member of the royal family.”

Aniwat refused to “issue a public apology or show regret has only added fuel to fire.” Quite correctly, but further angering ultra-royalists, in a television interview, Aniwat said that “anyone has the right to wear a traditional costume,” and that “the so-called reference to a Royal was imagined by the netizens.”

Army chief Gen Narongpan Jitkaewtha quickly announced “that he has banned members of all military units to stop buying goods from Lazada. He also banned all Lazada delivery trucks and motorbikes from entering Army compounds.”

Joining the royalist pile-on, Prime Minister Gen Prayuth Chan-ocha expressed his “concern about the clip on May 7 and noting that Thais love and respect the monarchy.” Meanwhile, the “Digital Economy and the Society Ministry also instructed the Police Technology Crime Suppression Division to check if the TikTok clip violated any laws.”

Aniwat had earlier gained online followers “among youngsters fed up with General Prayut Chan-o-cha’s style of governance. She has openly pushed for the PM’s resignation and often criticized his supporters.”

Of course, Princess Chulabhorn is not covered by Article 112 but that has never stopped bizarre lese majeste cases in the past.

Update: Coconuts Bangkok reports on the arrest of Kittikhun “a transgender blogger and  model known as Mom Dew, [who] was being held Thursday afternoon at the Technology Crime Supression Division in Bangkok’s Lak Si over a complaint that she impersonated the Queen Mother Sirikit in an ad campaign that was quickly pulled after it aired last month.”

Like Chulabhorn, Sirikit is not covered in Article 112. To refresh memories, Article112 of the Criminal Code states, “Whoever defames, insults or threatens the King, the Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to fifteen years.”








%d bloggers like this: