Showing posts with label Article 112 amendment. Show all posts
Showing posts with label Article 112 amendment. Show all posts

Sunday, December 2, 2012

Thai Group helping lese majeste detainees upset with media, govt | The Nation

Thai Group helping lese majeste detainees upset with media, govt | The Nation
Pravit Rojanaphruk, The Nation on Sunday December 2, 2012

Nearly half a year ago, a group of family members affected by the controversial lese majeste law decided to form The Network of Family Members and Peoples Affected by Article 112.

This, they believed, was necessary as they felt not enough is being done to guarantee justice for those detained under the law while censorship and the curbs to freedom of expression are not adequately raised and discussed in society.

When the network launched itself, only Thailand's two-English language newspapers paid interest while the Thai-language papers ignored their formation. It is symptomatic of how the media and society warily treat the issue of lese majeste law, said 45-year-old Sukanya Prueksakasemsuk, wife of lese majeste detainee Somyos Prueksakemsuk.

"There are more foreigners who pay attention to the formation of our network," said the mild-speaking Sukanya, a private company employee, who had to learn about political activism from scratch after the group was formed to partly help her husband who has been behind bars for more than a year without bail. Sukanya cited a German radio journalist interviewing the group and a journalist from France. "Hardly any Thai media," she added.

That hasn't stop the group, with 18 members, to meet once a month and hold activities highlighting what they believe to be infringement of basic legal rights such as the denial of bail to most lese majeste detainees, and more.

One new member of the group knows this well; Surapak Phuchaisaeng was released from prison just at the end of last month after the court threw out his lese majeste case due to insufficient evidence. Surapak, 40, a computer programmer, was denied bail eight times while fighting the case.

He said that while he was in prison, the network visited him and other prisoners of conscience twice or three times a week, offering food and bringing news about the outside world as well as moral support that sustained him and others. The support the network proved invaluable, he said.

"I decided to join the network myself [after being released from jail] because we share the same predicament," Surapak, who is still trying to recover from life in jail, told The Nation on the phone from Buengkarn province. Surapak criticised the recent decision by the Pheu Thai-dominated Parliament to refuse to debate a proposed amendment of the law as an act of "cowardice" and said people will probably have to wait for a new parliament.

"What kind of system does this country have if Parliament dare not discuss laws pertaining to the monarchy institution?" asked Surapak, adding that in the future the network will seek

to identify political parties that will openly support the amendment of the law, which now

carries a maximum penalty of 15 years' imprisonment.

Sukanya said even if there's very little or no hope to see the law amended, she and others hope that the seven prisoners of conscience, including her husband, will have the right to get bail. She visited her husband once a week and clung to the hope that Somyos will be found not guilty when the court will hand the verdict on December 19, so she can celebrate the New Year with him.

Tuesday, May 29, 2012

Thailand: Article 112 amendment submitted to House | Bangkok Post

Thailand: Article 112 amendment submitted to House | Bangkok Post
Achara Ashayagachat, Bangkok Post, May 29, 2012

Supporters of a draft amendment to Article 112 of the Criminal Code, the lese majeste law, marched to the parliament on Tuesday morning to formally lodge their proposed bill for deliberation by the House.

The procession of 112 supporters of the citizens' bill proposed by the Campaign Committee for the Amendment of Article 112 began their symbolic march at the June 24, 1932,  marker which was embedded on the street at the Royal Plaza when the Khana Ratsadorn Party (People's Party) revolutionaries under Phraya Phaholpholphayuhasena  changed the country from an absolute monarchy to a constitutional monarchy 80 years ago.
Prominent but now retired history professor Charnvit Kasetsiri said the move to amend Article 112 is a follow-up from the change the Khana Ratsadorn leaders initiated when they started the democratisation of what was then Siam.

Dozens of motorcyclists led the marchers and a convoy of organisers carrying 29,968 signatures gathered nationwide to support the bill under Article 163 of the constitution, which provides that 10,000 signatories can  propose a bill to parliament for consideration.

Six signatories introduce the draft bill  -- 70-year-old Charnvit, Chiang Mai-based retired history professor Nidhi Eiwsriwong, Thammasat University associate law professor Jantajira Iammayura, Chulalongkorn University  assistant professor of political science Puangthong Pawakapan, Thammasat Unviersity associate law professor Worachet Pakeerut, and poet and writer Rawee Siri-Issaranant aka Wad Rawee.

Deputy House Speaker Wisut Chainarun, together with Surin MP Prasit Chaisrisa, Khon Kaen MP Cherdchai Tontisirin and Bangkok MP Jarupan Kuladiloke, received the bill.

Mr Charnvit said the CCAA 112 would like the parliament to thoroughly consider the people's bill within the constitutional and legal framework.

Mrs Puangthong said the use of the lese majeste law in its current form had led to violations of basic human rights and freedom of expression. Its tragic effects included the dead of the 61-year-old man, known as Ah Kong, who died in prison early this month after being convicted and jailed for lese majeste.

She briefed the parliamentarians on the key aspects of the bill, including taking Article 112 out of the security chapter of the Criminal Code and  adding a new chapter on defamation of Their Majesties, the heir and the regent; and separating the special protection for His Majesty the King from other provisions; changing the penalty to a ceiling sentence of not less than three years and separating general defamation from  defamation by advertisement; adding exception of crime in the case of decent and innocent criticism; adding exception of crime if the contents were proved valid and the truth benefits the public interest; and abolishing the right of every citizen to bring a lese majeste lawsuit and giving this right only to the Office of His Majesty's Principal Private Secretary.

Mr Wisut said the parliament had no bias against a people's bill. It had accepted other people's bills before.

However, “it might take more than a couple of months as there are more signatures than required and the authorities need to verify all of them", Mr Wisut said.

Mr Charnvit told reporters after submitting the bill and the signatures that he was not worried about signature validation, in fact there about 40,000 people had signed during the 112-day campaign for the amendment. Because the procedure was so cumbersome not all the people could provide all necessary documents such as copies of house registration books.

"What I’m concerned about is that MPs and senators, and the government itself, might be reluctant to support the people's bill for fear of a political backlash.

"But this is the right time for parliamentarians and leaders of this country to show their ethical and moral courage to undertake the inevitable reform of the monarchic institution," said Mr Charnvit.

He said that Thailand was facing another crucial juncture of democracy, whether the country could adapt in a time of globalising forces would be a key issue.

"Amending the lese majeste law would help maintain the institution of the monarchy in a sustainable manner, as other European countries have done, especially the British system which was the model for the majority of Thai laws," the historian said.