Bangkok, Thailand (CNN) Five pro-democracy leaders reported to Thai police Monday to face accusations of lese majeste -- a controversial and sweeping law that prohibits criticism of … Hundreds Protest Thailand Lese Majeste Law In Bangkok. [99], Not The Nation, an anonymous website[100] that satirises a Thai newspaper, The Nation, satirised the media and the public response to the case of Thai American Joe Gordon in contrast to that paid to the drug-related case of Australian Schapelle Corby and to the pardoning of Greek-Cypriot-Australian Harry Nicolaides. Prachatai news reported this incident on February 19, 2021. In November, demonstrators marched to the royal palace to deliver handwritten letters to the king. In J.K. Rowling's magical world, the powerful Lord Voldemort is referred to as "You Know Who" or "He Who Must Not Be Named." With the decline of communism, however, lèse-majesté began to define new kinds of traitors. There is no need for the prosecuting authorities to bring any evidence to bear relating to foresight on the part of the defendant with regard to the fact of the statement or conduct. This allowed discussion over whether Thailand be a constitutional monarchy in 1949, and a 1956 lecture by a legal scholar which said the king should not express an opinion on economic, political and social problems with no countersign. The activists, Arnon Nampha, Parit Chiwarak, Somyot Pruksakasemsuk and Patiwat Saraiyaem, also face sedition charges which carries a penalty of up to 7 years in prison. Often the police, courts, and prosecutors are afraid they will be accused of disloyalty to the monarch if they fail to prosecute allegations of lèse-majesté. Thailand’s government announced on Wednesday that it would file a lese-majesty complaint against Thanathorn Juangroongruangkit, days … WHAT IS THAILAND’S LESE MAJESTE LAW? [11]:26–7, David Streckfuss, a scholar on Thai human rights and politics, commented that lèse-majesté is one factor defining neo-absolutism in Thailand. Prominent pro-democracy activist Panusaya “Rung” Sithijirawattanakul led the peaceful demonstration from 10am. The most serious charge – lese majeste – carries a maximum penalty of 15 years in jail. We urge the Thai authorities to ensure freedom of expression is respected and that Mr. Gordon, a U.S. citizen, receives fair treatment. [49], During 2020 Thai protests, the authorities revived lèse-majesté law in response. [5] However, she said she would not seek to reform the law. He was found guilty despite the law providing that mere preparation of the act is not a legal offence. ", As lèse-majesté is one of the offences relating to the security of the kingdom, according to Section 7 of the Thai Criminal Code. [38] A nurse wearing black on Bhumibol Adulyadej's birthday was charged with lèse-majesté. The gesture of resistance first emerged in 2014 as a form of silent defiance against the military regime led by Prayuth Chan-ocha, who seized power in a coup. The activists said they see themselves as "meteorites" that push government officials into extinction if they refuse to change. This was cited as one of the major reasons for the 2006 coup[6] and that of 2014. [12]:4 During that time, discussion about the monarchy was still free. [11]:24–5[clarification needed], The oldest version of lèse-majesté law was in the modern defamation law of 1900, enacted to protect the monarch's reputation. In the early stages of the protests, the authorities shied away from employing the country’s harsh lese-majeste law, which carries prison terms of up to 15 years for criticisms of the monarchy. Thailand has seen a surge in lèse majesté cases as the government cracks down on the blossoming pro-democracy movement. Privacy Policy | Protesters change rally venues at short notice as a popular tactic to confuse police. [67] Court decisions are often overturned in the higher courts, thus lengthening the proceedings. In the past, the laws have been used to protect governments and to shield military coups from lawful criticism. A web crawler is used to search the internet. [62], There have been occasions when lèse-majesté cases have been transferred to court-martial, most recently during the National Council for Peace and Order regime after the 2014 coup. A Section 112 defendant meets with official obstruction throughout the case. After a violent clash between anti-government protesters, protesters marched to the police headquarters the following day to tag the building with paint. [85][b], An attorney said lèse-majesté does not have any connection to democracy and does not know why there is activism citing it. [11]:43–4, In 2013, a person filed lèse-majesté charges against his own brother, showing how easily the lèse-majesté law can be misused, and that the law has now become a potential weapon in family feuds. Modern Thai lèse-majesté law has been on the statute books since 1908. "[34] The military government has never successfully extradited someone living abroad. [48] In August, protests against the government included calls to reform the monarchy, including the abolition of Article 112. The large inflatable toys were initially used to mock authorities who sealed off the parliament building, which is situated on a river bank in the capital, Bangkok. Protesters risk being prosecuted under a draconian royal defamation law. On 28 October 2008, The Ministry of Information and Communication Technology (MICT) announced plans to spend about 100–500 million baht to build a gateway to block websites with contents defaming the royal institution. The pro-democracy movement has lost momentum since it took a break in December and January due to the pandemic, but attempts to reinvigorate the cause have been hampered by the arrest of protest leaders. Critics of the regime have been effectively silenced by a lese majeste law that shields the kingdom’s powerful King Maha Vajiralongkorn and the royal family from defamation, with prison sentences of up to 15 years per charge. He also handed over lèse-majesté cases to courts-martial. Defendants face up to 15 years in jail per offense, with consecutive terms possible. And in June 2018, there was a new regulation which allowed public persecutors to decide against prosecuting cases that did not serve the public interest. [84], Bowarnsak Suwanno, Ta hai legal scholar, argued that countries limited free speech according to their cultural-legal circumstances. [12]:17 Thai Rak Thai and Democrat Party as well as opposition movement People's Alliance for Democracy traded lèse-majesté accusations. [102] In December 2013, NTN circumvented the chilling effect of LMIT on discussion of succession with a discussion of the abdication of royal dog Thong Daeng. [4] Details of the charges are rarely made public. But not just a new tactic by current military-affiliated rulers, opposition voices have long been cast as a national security issue in the kingdom [50], King Rama VI believed that insults to the king are also insults to his power source—the people. [11]:28 However, the law included an exclusion clause for "an expression of good faith" or "a critical and unbiased comment on governmental or administrative acts". [44], As of November 2017[update], a total of 38 of these cases, 34.2 percent, were in the military court system. [82] Tiwaporn is quoted as saying, "I well understand that it is political to have to make people think I'm insane. [20], In 2005, cases registered in the Attorney General's office rose sharply from 12 new cases in 2000–2004 to 17. This was Thailand's longest recorded sentence for lèse-majesté. The pro-democracy movement has drawn protesters from a wide-range of interest groups. The proposed amendment by 44 Move Forward lawmakers comes a day after four leaders of youth-led […] He had images and captions deemed lèse-majesté in his electronic device—which, his accusers said, potentially could have been spread online. Some abuse their rights by spreading hate speech or distorted information to incite hatred towards the monarchical institution. Prominent historian Somsak Jeamteerasakul was arrested for proposing an eight-point plan to reform of the monarchy. At least 54 individuals in 39 lawsuits were charged under lese majeste since Nov 24, according to the Thai Lawyers for Human Rights. Activists are trying to reinvigorate the pro-democracy movement after a break due to the pandemic. In a Kafkaesque twist, even calls to reform lèse-majesté laws have, themselves, resulted in charges of lèse-majesté. During a rally, a group of activists, known as the "Bad Students," dubbed the government "dinosaurs" for their outdated mindset. The king felt every subject is also insulted. [59], In 2016, a singer and activist, in addition to his prison sentence for defaming the monarchy, was ordered to write a song promoting "national reconciliation" after completing his sentence. [14]:113 Thai mainstream media has supported the use of the law and avoid covering it. [75] Previously, she had been jailed without bail for nearly a year for not removing—in 2008[75]—an allegedly insulting comment from an article fast enough. Jakrapob Penkair, a former minister to the Office of the Prime Minister, commented: "It's not about your action; it's about the timing. Thailand's lese-majeste law, which forbids the insult of the monarchy, is among the strictest in the world. [18], Between 1990 and 2005, there was an average of five new lèse-majesté cases per year. Thai elites feared the Thai monarchy would be subjected to mockery once it was open to scrutiny, just like the British monarchy. Some reportedly threw homemade explosives as police tried to disperse the crowd. But protesters announced a last-minute shift to the Siam Commercial Bank’s headquarters. The lèse majesté law, under Section 112 of Thailand’s Criminal Code, carries a punishment of up to 15 years in prison for insulting or defaming the Thai Monarchy. Protesters staged a Harry Potter-themed rally in August to break the taboo. Thailand’s royal defamation law, known as lese majeste, punishes defaming or insulting the king by up to 15 years in prison. Crowd of hundreds of protesters on February 13 clashed with the police in Thailand, demanding the release of 4 activists that were arrested on charges of insulting Thailand's king. [76][77], In 2016, Facebook blocked users in Thailand from accessing a page satirising Thailand's royal family, citing the lèse-majesté law. [86][clarification needed], The Rubbish Collection Organization, a fascist ultra-royalist organization which was founded during the 2013–2014 Thai political crisis, supports persecution for lèse-majesté, and launched an ongoing online campaign of mobbing and doxxing victims, together with other methods of intimidation. [43], In 2017, there was a case of a 14-year-old who was accused of lèse-majesté for burning down a royal decoration arch in Khon Kaen. [103], In July 2014, British comedian John Oliver described Crown Prince Vajiralongkorn as a "buffoon" and showed the leaked video of Vajiralongkorn and his topless wife celebrating the birthday of the prince's poodle, Air Chief Marshal Foo Foo, in a satirical piece about monarchy in general on Last Week Tonight with John Oliver. [21][22][23] After the coup, dozens of radio stations were shut down because of alleged lèse-majesté. Around 1,000 protesters staged a rally in Bangkok after the parliament spared Prime Minister Prayuth Chan-ocha and nine ministers. We have discussed Mr. Gordon's case extensively with Thai authorities, stressing at every possible opportunity his rights as an American citizen. Kaye went on to say that such laws, "have no place in a democratic country" and called for Thailand to repeal them. They see the monarch as sacred and inviolable, a semi-divine embodiment of both the nation and Thai Buddhism. [91] Amnesty International considers anyone jailed for insulting Bhumibol to be a political prisoner; if they had a peaceful expression and intent, a prisoner of conscience. [14]:117 Lèse-majesté and communism were once the definition of the ultimate traitor. Except for World War II Empire of Japan, Thailand is the only constitutional monarchy that strengthened lèse-majesté in the 20th century. To maintain the status quo. The groups are calling for the resignation of Prime Minister Prayuth Chan-ocha and his government, the constitution to be made more democratic, and for the monarchy to be made more accountable. Until recently, the monarchy was considered a taboo topic. And regarding the institution of the monarchy, it should be revered by the people, in an inviolable status, always above any criticism. [32][33] The courts were dubbed "kangaroo courts. [11]:43 Lèse-majesté leads to self-censorship and vigilantism. Contact They chanted the names of human rights lawyer Anon Numpa and student leader Parit Chiwarak, and called for the release of former civil servant Anchan, who was jailed in January for more than 43 years for insulting the monarchy. [36], In December 2014, the parents of Srirasmi Suwadee, formerly a Thai princess, were sentenced for "insulting the royal family and lodging a malicious claim". Critics of the regime have been effectively silenced by a lese majeste law that shields the kingdom's powerful King Maha Vajiralongkorn and the royal family from defamation, with prison sentences of up to 15 years per charge. You can find more information in our data protection declaration. The stage-managed role of the monarch, the compulsory respect shown to the institution, and the pressure of social conformity left many people with a taste of bitterness which few felt confident to express. The protest was largely peaceful and was organized by a coalition of several protest groups. [14]:124 The law was interpreted to cover past monarchs and symbols associated with the monarch. This whole [royal] image is created to bolster a conservative elite well beyond the walls of the palace. Section 112 of Thai Criminal Code currently reads as follows: "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. [95], Activists against the law or those who seek to reform it include: Mainueng Kor Kunatee (a poet who was assassinated in 2014);[96] Somsak Jeamteerasakul; Giles Ji Ungpakorn;[97] Pavin Chachavalpongpun,[98] a former diplomat, and an associate professor at the Kyoto University and a leader of a campaign to abolish Article 112 of the Thai criminal code; and The Nitirat group—an association of law lecturers who campaign for constitutional reform and a change of Thailand's lèse-majesté law–including Worachet Pakeerut, Piyabutr Saengkanokkul, and Sawatree Suksri. Monarchical reform is by far the most contentious of the movement's demands. It penalised persons who displayed malice or defamed the King, the [40], The Office of Prevention and Suppression of Information Technology Crimes maintains a "war room" to monitor for pages which disparage the monarchy. Queen Consort, the Heir-apparent, or the Regent. The Thai authorities shut down access in Thailand to the Facebook page, which has accumulated around one million users. [3]:134 Acts deemed insulting to the royal image include placing photographs of anybody on a website above those of the king. More than 3,000 police were stationed ahead of the protest — one of several across the city. [40], In December 2016, Jatupat "Pai" Boonpattararaksa, a rights group member, was accused of lèse-majesté for sharing a BBC Thai biography of Thailand's new king, Vajiralongkorn. In 2011, the number increased to 70,000. Thailand: Hundreds protest lese majeste law in Bangkok; Thailand: Hundreds protest lese majeste law in Bangkok. [24], Academics have been investigated, imprisoned, and forced into exile over accusations of lèse-majesté. [12]:3 Other sections provided protection from displays of malice or defamation of "the princes or princesses from whichever reign"[12]:3 or from those who "create disloyalty" or "insult the king", and "cause the people to transgress the royal laws". Prior to the law's revival in 2020,[7] for three years the Thai government often invoked other laws, such as the Computer Crimes Act and sedition laws, to deal with perceived damages and insults to the monarchy. Lese majeste (lez majest-ay) comes from the Latin laesa maiestas, or “injured majesty.” Though it has become increasingly associated with Thailand in … [14]:129 A Thai official said that the lèse-majesté law is similar to a libel law for commoners. [14]:117 The media do not discuss the role of the monarchy in politics, thus creating a distorted view of the political scene. The United Nations Working Group on Arbitrary Detention determined that the pretrial detention of an alleged lèse-majesté offender violated international human rights law. Several dozen protesters were reportedly arrested. Secret trials were held. The activists read out 112 letters, symbolising Article 112 (the lese majeste law), in support of 10 protesters being held in the jail on lese majeste and other charges. Thai courts have demonstrated they will prosecute and jail even non-Thai citizens for offences committed outside of the kingdom as proven in the case against American citizen Joe Gordon who police arrested in May 2011 when he visited Thailand for medical treatment. [7] In January 2021, a woman was sentenced to 43 years imprisonment for multiple charges of sharing sensitive audio clips online without commenting. [58][failed verification], In 2013, a man was found guilty of "preparing and attempting" to commit an act of lèse-majesté. [15] In March 2007, Oliver Jufer, a Swiss man, was sentenced to 10 years in prison for daubing black paint on portraits of King Bhumibol while drunk in Chiang Mai,[16][17] although he received a royal pardon the following month. [65] Asked why the Criminal Court did not grant the benefit of the doubt to the defendant in the case of Ampon Tangnoppakul, Court of Justice spokesperson Sitthisak Wanachaikit replied: When the public prosecutor who institutes the proceedings can exercise his burden of proof to the extent of bringing to light the evil intent of the defendant...the defendant needs to be punished according to the gravity of the case.[66]. [4] Political scientist Giles Ungpakorn noted that "the lèse-majesté laws are not really designed to protect the institution of the monarchy. [42] As of November 2018, at least 127 people have been charged with lèse-majesté since the latest coup. The change broadly expanded the applicability of the law. Officials seized personal communication devices to search for incriminating evidence. Around the same time, there was speculation that the junta was able to obtain private chat logs of Facebook users. [14]:130, Court proceedings are lengthy, and defendants often pleading guilty as the quickest route to freedom. The law has played an important part in Thailand’s recent politics. After almost a three-year hiatus in which lese majeste prosecutions were not brought before the courts, in November 2020 Prime Minister Prayuth … [11]:23–24 Crimes against royal symbols greatly affected the social structure of the sakdina era. When an offending image or language is found, the office obtains a court order blocking the site. There is substantial room for interpretation, which causes controversy. "Article 112 of the Criminal Code is a legislation which supports Article 8 of the Constitution for practical implementation, so there are no grounds to claim it violates or is inconsistent with Article 8 of the Constitution." They wait until the moment when you seem most vulnerable. Professor Peter Leyland of SOAS, University of London and Professor Emeritus of London Metropolitan University, explained: It [the lese majeste offence] can be committed entirely without criminal intent. 1 like • 8 shares. Protesters staged a Harry Potter-themed rally in August to break the taboo. Ratusan protes undang-undang lese majeste di Bangkok 'Actually, it is the "court cluster” who are loyal and fight for Umno' 'Pakai susuk tak boleh makan sate, sedangkan saya sendiri buat sate!' [44] There were several low-profile instances where the authorities did not prosecute, but used other intimidation methods instead, such as holding the individual in military custody for seven days, checking for communication devices, asking them to unfollow a Facebook page, or asking them to make a video expressing loyalty to the monarch. The law has criminalised acts of insult since 1957. Protesters returned to the streets of Bangkok against a law prohibiting insult to Thailand's king. [11]:30[clarification needed], On 1 January 1957, the criminal code of 1956 came into force. Judges have also said the accuser did not necessarily have to prove the information was factual claiming, "because if it is true, it is more defamatory, and if it isn't true, then it's super-defamatory". [28], During the government of Yingluck Shinawatra, the number of arrests and convictions for lèse-majesté offences declined significantly. The three-finger salute from the dystopian film series "The Hunger Games" has become a common sight at protests. When water cannons pummeled the peaceful crowds, protesters used the ducks as improvised shields. [12]:2 Human rights groups say the lèse-majesté laws have been used as a political weapon to stifle free speech. [63], Detainees are seen barefoot and shackled at the ankles when brought to court. Rubber ducks have emerged as the new symbol of the pro-democracy movement. Authorities on Wednesday stacked shipping containers and set up razor wires in central Bangkok to cordon off the Crown Property Bureau from protesters. Thailand’s political opposition Move Forward Party has submitted a proposal to amend Thailand’s strict Lese Majeste law. The protest was a clear jab at King Maha Vajiralongkorn. The Supreme Court of Thailand decided in 2013 that the law also applies to all previous monarchs, further broadening the law's reach. [13], Court decisions shortly after the change still took context into consideration. In August 2015, the Bangkok Military Court sentenced Pongsak Sriboonpeng to 60 years in prison for his six Facebook postings (later reduced to 30 years, when he pleaded guilty).
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