Showing posts with label lese majeste. Show all posts
Showing posts with label lese majeste. Show all posts

Thursday, August 27, 2015

Remembering the victims of lese majeste | New Mandala

Remembering the victims of lese majeste | New Mandala
27 AUGUST 2015
Thai student Patiwat Saraiyaem, 23, left, and activist Porntip Mankong, 26, are escorted by prison security guards after their verdict at the Criminal Court in Bangkok. Photo: AFP.
Thai student Patiwat Saraiyaem, 23, left, and activist Porntip Mankong, 26, are escorted by prison security guards after their verdict at the Criminal Court in Bangkok. Photo: AFP.
As lese majeste sentences escalate under the junta, a system that protects the monarchy only punishes the people.
Lately, I can’t stop thinking about two Thai university students who were thrown in a filthy jail earlier this year for taking part in a play impersonating a fairy tale king and his political advisers.
In February, Patiwat Saraiyaem, 23, and Porntip Maunkong, 26, pleaded guilty to lese majeste following their arrest last August for their role in The Wolf Bride, a satire set in a fictional kingdom. The play was said to parallel Thailand’s current political conflict.
The Wolf Bride was only performed once, in 2013 at Bangkok’s Thammasat University, as part of a series of events marking the 40th anniversary of a pro-democracy student protest at the university that was brutally crushed by the military regime in October 1973.
At the time it went largely unnoticed and unremarked. That all changed after General Prayuth Chan-ocha seized control of the country in the May 2014 coup.
Now both former students have been charged with one count each of lese majeste, or insulting the monarchy.
Their original sentence was five years in jail, but, as with many lese majeste cases, the accused admitted their guilt and apologised to the king; their sentences subsequently cut in half. They pleaded and hoped for leniency, considering they had no prior convictions. In any case, they didn’t get it, and it was the first time the performance of a stage play in Thailand had landed someone in jail.
Even though they have pleaded guilty, and even if they both serve out their two-and-a-half year terms, upon release Patiwat and Porntip will be ostracised by Thai society. Victims of lese majeste prosecutions often carry a stigma with them for the rest of their lives — I should know.
Unfortunately, today in Thailand and under the current military regime the enforcement of the unjust lese majeste law is increasing in an ever relentless manner.
Just two weeks ago a US State Department spokesperson, Mark Toner, said his government was “deeply concerned” about recent lese majeste charges.
“No one should be jailed for peacefully expressing their views,” Toner said in a statement.
“We regularly urge Thai authorities, both privately and publicly, to ensure that freedom of expression is not criminalised and is protected in accordance with Thailand’s international obligations and commitments.”
Just to illustrate how bad things have become under the junta, earlier this month 48-year-old tour operator Pongsak Sriboonpeng was given a record lese majeste sentence for six posts made to Facebook that were deemed to insult the king. The military court judge sentenced him to 10 years for each post.
The 60-year-term was halved after he pleaded guilty.
In a separate case, a 29-year-old hotel worker and mother of two was sentenced to 56 years by a court in the northern city of Chiang Mai. Her sentence was also halved after a guilty plea.
As in most lese majeste cases, Thai authorities urged the defendants to plead guilty to save time. A prolonged trial could be seen to potentially damage the king’s reputation, someone who is often described as “compassionate”.
Of course there are those who refuse to plead guilty (either at trial or at least during the first five years after their arrest).
One such victim is Darunee Charnchoensilpakul, dubbed “Da Torpedo” for her sharp-tongued speeches. She received 15 years in jail for lese majeste because of talks she made at Red Shirt rallies in 2008.
Sentenced in 2009 and now in her seventh year in jail (she was imprisoned for a year without charge), she has recently been refused treatment for a gum infection.
There’s also Somyot Pruksakasemsuk, a prominent democracy activist and editor who in 2013 was sentenced to 11 years in prison for defaming the king. Several rights groups condemned his sentence as an affront to freedom of expression in the Southeast Asian country.
Somyot was convicted of publishing two articles in an anti-establishment magazine that made negative references to the crown. However, some argue that the heavy sentence is less for what he published, and more for his efforts to reform the lese majeste law.
He has filed an appeal with the royal court but has waited years to no avail for a decision. I have heard from his wife that he too may be forced to seek royal pardon, because of the physical and mental torture he has endured thus far.
That’s the way the system works, even for those who don’t plead guilty.
The lese majeste victim is charged and sentenced often without the details of the charges ever being particularly clear. Then the “benevolent monarch” is seen to grant a pardon, with the media sometimes giving more attention to the pardon than to the case itself.
Meanwhile, the nurturing and cherishing of such a draconian law, as well as long periods of imprisonment and vicious repression, occurs at the very time that the monarchy claims it has no need for such “protection” because it is loved by one and all.
It’s worth remembering that if Somyot is ever granted an appeal, the trial will take place in a court where there is a huge picture of the king hanging on the wall above the panel of judges.
It doesn’t bode well for the almost impossible task of winning such a case, particularly when the judges were appointed and approved by the king in the first place.
Chatwadee Rose Amornpat is based in London. She was charged with lese majeste by the Thai junta in July 2014. For previous New Mandala coverage of her situation see this post.

Friday, July 24, 2015

Chatwadee Rose Amornpat - The Republic of Siam? | New Mandala

The Republic of Siam? | New Mandala
Chatwadee Rose Amornpat, 24 JULY 2015

Bangkok's Democracy Monument shrouded in shadow. Photo by Natt Muangsiri on flickr.
Bangkok’s Democracy Monument shrouded in darkness. Photo by Natt Muangsiri on flickr.
If I had my way, my troubled home country would not be called Thailand, but the People’s Republic of Siam.
Lately, I’ve been thinking about how the Thai people should react to the country’s latest coup led by General Prayuth Chan-ocha.
So far, the people have largely been too scared to say or do anything, because there are thieves in uniform everywhere.
But for me, the problem in Thailand has always been the monarchy and its network. Nothing ever happens in Thailand without the top royal’s approval, and this latest attack against the Thai people is no exception.
Now that the constitution has been illegally “cancelled” by General Prayuth, he has a free hand to do just about anything under the direction and watchful eyes of top royals.
The previous constitution wasn’t democratic either and was, in fact, titled in favour of the country’s elites. For example, the majority of the senators were appointed rather than elected.
The whole political game in Thailand during the past six months has been ludicrous. It has wasted so much money and time, and put Thailand backward in terms of economic progress and prestige.
Top elites and royals have always had the upper hand in Thailand. But I am not sure if they will prevail this time. We, the freedom and democracy loving Thai people inside Thailand and abroad, should move quickly to declare a republic.
This would have three immediate and major effects.
Firstly, everyone would be financially better off, as the Thai king’s personal fortune of some US$30 billion dollars, according to Forbes, could be confiscated and shared among poor Thai people.
Secondly, Article 112, which supports the country’s lese majeste law, would be declared null and void. Political prisoners will be set free. All pending Article 112 cases would be dismissed without prejudice.
All of the country’s brave and patriotic men and women could come home to rebuild a better nation. The ills of the country would then also be openly discussed without fear of reprisal.
Thirdly, the nation would immediately experience a period of political and economic stability, as King Bhumibol’s negative influence in Thai politics is neutralised, putting an end to decades of royal meddling.
Long live democracy and long live the great people of Siam.
Chatwadee Rose Amornpat is based in London. She was charged with lese majeste by the Thai military junta in July 2014. For previous New Mandalacoverage of her situation see this post.

Thursday, January 31, 2013

UK Labour Party's Shadow Minister raises questions about Thai political prisoner Somyot | Asia Provocateur

UK Labour Party's Shadow Minister raises questions about Thai political prisoner Somyot |  Asia Provocateur

The UK's Shadow Foreign Affairs Minister, Kerry McCarthy MP (Labour Party) has raised questions with the UK government regarding the recent imprisonment of Thai journalist and trade unionist, Somyot Pruksakasemsuk. 




Somyot, the editor of the "Voice of Taksin" magazine received a 10year prison sentence from a Bangkok court last week for the crime of "lese majeste" - or defaming the monarchy - in relation to two articles that appeared in his publication. The sentencing, while extremely draconian, was also controversial as the articles in question didn't actually contain direct references to the Thai monarchy but made allegorical and fictional representations which the court then determined were defamations. 

An international campaign, involving trade unions and other activists to free Somyot is now emerging. Before sentencing the UK's Trade Union Congress General Secretary, Frances O'Grady, also raised concerns regarding Somyot's prosecution.  

Kerry's first question was

To ask the Secretary of State for Foreign and Commonwealth Affairs what reports he has received on the trial and conviction of Somyot Prueksakasemsuk in Thailand under that country's lèse majesté laws; and what recent representations he has made to the Thai government to support the promotion of human rights in that country. 
The response from the UK govt was
Our embassy in Bangkok has been following closely the case of Somyot Prueksakasemsuk. Three representatives of the embassy attended the trial on 23 January, and the embassy subsequently reported details of the outcome to me. Following the verdict, the European Union issued a statement expressing deep concern at the decision to sentence Somyot to 10 years imprisonment. The statement noted that the verdict seriously undermined the right to freedom of expression and press freedom. Our ambassador has also raised the issue with the Thai authorities.  The Government frequently raises human rights concerns with Thailand, both at ministerial and official level. For example, the then Minister of State, Mr Browne, raised human rights issues when he met Deputy Prime Minister Chalerm Yubamrung during his visit to Thailand in July 2012. That discussion included an exchange of views on lèse majesté. 
Kerry's second question was 
To ask the Secretary of State for Foreign and Commonwealth Affairs pursuant to the answer of 21 May 2012, Official Report, column 454W, on Thailand, what recent representations he has made to the government of Thailand in support of freedom of expression and reform of the lèse-majesté laws. 
The UK govt's response was

The Government frequently raises the issues of freedom of expression and the lèse-majesté law with Thai interlocutors, both at ministerial and official level. The then Minister of State, Mr Browne, raised lèse-majesté among other human rights issues when he met Deputy Prime Minister Chalerm Yubamrung during his visit to Thailand in July 2012.

Wednesday, January 23, 2013

Thailand sentences editor to 10 years in jail for royal insult | Asia News – Politics, Media, Education | Asian Correspondent

Thailand sentences editor to 10 years in jail for royal insult | Asia News – Politics, Media, Education | Asian Correspondent
, Jan 23, 2013

BANGKOK (AP) — A prominent Thai activist and magazine editor was sentenced to a decade in prison Wednesday for defaming Thailand’s monarchy, a verdict rights groups condemned as the latest affront to freedom of expression in the Southeast Asian country.

Somyot Pruksakasemsuk was convicted of publishing two articles in an anti-establishment magazine that made negative references to the crown.

The verdict came despite repeated calls by rights groups to free Somyot, who has been jailed since 2011. It also underscored the harsh nature of Thailand’s lese majeste laws, which critics say have frequently been abused by politicians’ intent on silencing rivals.

The articles in question were published under a pseudonym in Somyot’s now-defunct Voice of Taksin magazine, which he launched in 2009 to compile political news and anti-establishment articles from writers and contributors.

Judges found both pieces contained content that defamed the royal family and argued that Somyot, as a veteran editor, knew that and chose to print them anyway. The court announced two five-year jail terms — one for each story.

“(Somyot) should have better judgment than ordinary journalists. He must have understood that the articles contained lese majeste content, but chose to publish them anyway,” one of judges said in the sentence.

Somyot said he would appeal the verdict but would not seek a royal pardon.

Brad Adams, Asia director of Human Rights Watch, said the ruling “appears to be more about Somyot’s strong support for amending the lese majeste law than about any harm incurred by the monarchy.”

Although the articles were published in 2010, Somyot was only arrested the following year — five days after launching a petition drive to revoke Article 112 of the nation’s criminal code, which mandates three to 15 years in jail for “whoever defames, insults or threatens the king, the queen, the heir to the throne or the regent.”

Human Rights Watch said the author of the articles, who penned them under pseudonym, has never been charged with any crimes and is living in Cambodia.

The European Union also weighed in on the verdict, saying it “seriously undermines the right to freedom of expression and press freedom” and “affects Thailand’s image as a free and democratic society.”

More than 100 observers, including Thai and international scholars and journalists, diplomats and Somyot’s supporters, were in court to hear the verdict.

Somyot, who was brought in with his legs shackled, joked to a friend that he would no longer need books to read in prison because he thought he would be freed.

In addition to the 10-year punishment, Somyot was also sentenced to a one-year term in a separate criminal case in which he was charged for alleging a Thai general was behind the country’s 2006 army coup.

The coup ousted Prime Minister Thaksin Shinawatra and sparked years of sometimes violent political unrest from which the nation has yet to fully recover. Somyot was also a leader of the so-called Red Shirt movement, which supported Thaksin.

“His guilty verdict and sentence should be viewed as a sign that Thailand’s deep political schisms are far from healed,” Adams said.

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.

Saturday, December 1, 2012

Somsak 'Pessimistic' about Lese Majeste Law Fight | Prachatai English

Somsak 'Pessimistic' about Lese Majeste Law Fight | Prachatai English
Pravit Rojanaphruk, December 1, 2012

Well-known Thammasat historian Somsak Jeamteerasakul said he was both surprised and appalled by the decision of police to forward his lese majeste police complaint case to the Office of the Attorney General (OAG).

Somsak, who lectures at Thammasat University, said on the phone that since the complaint lodged against him was made by the “influential” Thai Army, the case which first surfaced last year, is unlikely to be dropped.

He insisted that he did not violate the controversial lese majeste law, which carries a maximum imprisonment term of 15 years, because he criticized Princess Chulabhorn who is not an heir apparent and thus not protected under the law.

Somsak requested and was permitted to defer his appearance to the OAG from to a date yet to be set in December in order to prepare his legal fight. “The prosecutor could arrest me [on that day], however,” said Somsak. “Lese majeste is a kind of legal case that has no way out. I look at it very pessimistically.”

The historian also criticized the House of Representatives and the Yingluck Shinawatra administration for not doing anything to amend the law, thus allowing the climate of fear to persist.

He said members of the campaign to amend to law must have been caught “clueless” by the recent rejection by the House to even debate the law. “The government is totally silent. The government has not even left a room,” said Somsak, who enjoys a large following for his writings critical of the law and the monarchy institution.

There are currently at least seven people detained under the law with hundreds more in the process of possibly being charged or having received police complaints made against them.

Friday, November 9, 2012

US Man Jailed for Thai Insult Urges Law Change | The Irrawaddy Magazine

US Man Jailed for Thai Insult Urges Law Change | The Irrawaddy Magazine


BANGKOK—A Thai-born American who spent more than a year in prison on charges of insulting Thailand’s king says the country’s harsh laws outlawing criticism of the monarchy are holding back its democratic development. He has vowed never to return until his motherland stops being so “thin-skinned” and allows full freedom of expression.

Joe Gordon, who was convicted last year of translating excerpts of an unauthorized biography of King Bhumibol Adulyadej from English into Thai and posting them online, said those jailed under Thai laws protecting the royal family often suffer abuse from prison guards and are treated “like animals.” While he now denies committing any crime, Gordon pleaded guilty and was sentenced to two and a half years in prison before receiving a royal pardon in July.

The punishment was a high-profile example of the severe sentences meted out here for defaming Thailand’s royal family, a crime known as “lese majeste.” The issue has drawn international attention and raised concern about freedom of speech in this Southeast Asian kingdom best known as the easygoing Land of Smiles, a tourist paradise that draws some 19 million visitors per year.

Gordon’s case also raised questions about the applicability of Thai law to acts committed by foreigners outside Thailand, since he posted the link while residing in the US state of Colorado.

“Freedom of expression is not harassment, and Thai people don’t understand that,” Gordon told The Associated Press before his planned departure from the country Thursday. He said in Thailand the attitude is “if you don’t believe and you don’t follow us in the way we are doing things, it means you are insulting us.”

Bhumibol, the world’s longest-reigning monarch, is revered in Thailand and is widely seen as a stabilizing force. But Thailand’s lese majeste laws are the harshest in the world. They mandate that people found guilty of defaming the monarchy—including the king, the queen and the heir to the throne—face three to 15 years behind bars.

Opponents say that lese majeste laws are often abused to punish political rivals. That has been especially true amid the political turmoil that has followed a 2006 military coup that unseated Prime Minister Thaksin Shinawatra, who among other things was accused of disrespect for the monarchy.

Supporters say the monarchy is an essential part of the Thai identity and defending it is a matter of national security.

Gordon, 55, is accused of posting links to a translation of the banned biography “The King Never Smiles” in 2007 while in Colorado.

“As an American citizen, I didn’t do anything wrong,” Gordon said. “It’s my freedom of expression on American soil.”

He acknowledges posting the links to the translated biography excerpts on his personal blog, but denies translating it. Either would be enough to face charges in Thailand, where authorities have warned that Facebook users around the world who “share” or “like” content that insults the Thai monarchy are committing a crime.

In the book, author Paul Handley retraces the king’s life, alleging that he has been a major stumbling block to the progress of democracy in Thailand as he consolidated royal power over his long reign.

Gordon, who was born Lerpong Wichaikammart in Thailand, has lived in the US for about 30 years, mostly in Colorado, and he became a naturalized citizen in Denver. He was arrested in Thailand in May 2011 after he returned to seek treatment for arthritis and high blood pressure.

He said he was in his apartment in northeastern Thailand when it was stormed by about 20 plainclothes police officers who confiscated his computer and accused him of wanting to turn Thailand, a constitutional monarchy, into a republic. It’s a charge that hardcore opponents have also leveled at Thaksin.

Gordon said an officer pointed to a poster of the Declaration of Independence—a gift from a relative—that he had hung on his wall. “He said ‘You want to change this country to be like this. You want a republican,’” Gordon recalled.

After being repeatedly denied bail, he pleaded guilty in October last year in hopes of obtaining a lenient sentence. The judge said at the time that the punishment, initially set at five years, was reduced because of Gordon’s plea.

“The only easy way to get out is to accept it,” Gordon said, explaining why he didn’t fight the charges.

During his 14 months in prison, Gordon said his health problems grew worse because of conditions he described as inhumane. He said the situation was worse for those accused of political crimes, such as lese majeste prisoners or those associated with the Red Shirt political movement, which is aligned with Thaksin.

“When the doctor knows that your case is a lese majeste or you are a Redshirt or you are a political prisoner, they will not treat you, they will not give you medicine,” he said.

There have been allegations that other prisoners charged with lese majeste have not been able to get proper treatment, including a 62-year-old grandfather who died of cancer in prison.

Prison official Sorasit Chongcharoen denied that lese majeste prisoners were abused.
“Doctors and prison officials are giving fair treatment to every prisoner or detainee, regardless of their charges,” he said.

Gordon said the lese majeste law should be scrapped because it is too strict and rather than protecting the royal institution causes it more harm.

“If Thailand wants to move forward to catch up with globalization, they need to get rid of lese majeste and release all the political prisoners,” he said.

He said the country’s attitude toward controversial speech was holding it back.

“Thailand needs to learn to handle the truth. Have a thicker skin to move forward,” he said.
He said his experience in Thailand has left him emotionally scarred and he had no plans to return. He said he plans to stay in Los Angeles initially on his return to the US.

“I’m very aware now that Thailand is not really the land of smiles, and you have to be careful what you are doing in this country,” Gordon said. “It seems like on the surface a nice country, but if you dig deeper it is dangerous and can harm you.”

Wednesday, October 17, 2012

“We think the same”: A Letter from Thanthawut, lese majeste prisoner | Prachatai English

“We think the same”: A Letter from Thanthawut, lese majeste prisoner | Prachatai English
Tyrell Haberkor, October 10, 2012


Thanthawut Taweewarodomkul (also known as “Num” and “Num Red Non”) is a 40-year-old father currently serving a 13-year sentence for alleged violations of Article 112 and the 2007 Computer Crimes Act. In September 2012, he withdrew his appeal petition as part of the process of applying for a pardon. Shortly thereafter, he wrote this letter to his lawyer, Anon Numpa, who then posted it on the website of the Ratsadornprasong Legal Institute. Thanthawut’s recognition that those who are imprisoned are no different than those people who remain outside is an urgent and important one.

The “Droplet Email Project” (โครงการอิเมล์หยดน้ำ) that Thanthawut mentions is a project he initiated to send emails to political prisoners. More information can be found about the project here, which notes that the name came from a comment Thanthawut made that emails, postcards, and visits to political prisoners function as “droplets of encouragement” for them to keep fighting and struggling.  Like droplets of water to someone who is thirsty, encouragement is necessary.

*

Thanthawut Taweewarodomkul – Zone 1
33 Bangkok Special Remand Prison, Ngam Wongwan Road
Lad Yao, Chatuchak, Bangkok 10900
Email: BK_REMAND@HOTMAIL.COM; FREEDOM4PP@GMAIL.COM (Droplet Email Project)


No. 131-2555/36A
SAT, SEP 15, 2012


Hello Khun Anon,

And just like that, after waiting a long time, I am now a No. Cho. (1)  Thank you very much for all of your help and the true solidarity from all of the friends who showed up to offer me encouragement on that day, even though it was to withdraw my appeal. I believe, however, that friends outside will understand my decision. I did not make this decision for myself. I made it for the future of Nong Web, my son. And I wrote a letter to tell my little one. Even though I do not know when I will be freed, this was one more step to get to the point of freedom. It is my hope that nothing will delay or derail it in the final stage.

In the year and a half since my case was decided, I have not been in the world outside the prison. The day [of withdrawing my appeal] was the first time that I have been out in the open air. I glimpsed ordinary outside life, life like my own before I entered prison. I watched and smiled with happiness. I daydreamed and in my imagination I could see a car. I was driving and Nong Web was sitting close to me. We were going on a trip. Oh! Simply thinking about this brought me happiness.

I have received encouraging emails urging me to continue on from the “Droplet Email” Project.  I want to thank those who have sent emails and those who have visited me here too. I am trying to find a way to send replies to those who wrote, who include Khun Som, Khun Thanet, Khun Nucharee, Khun Karnt, Ajarn Yukti, Khun Lee, Khun Jum Jim, Khun Thiraphong, Khun Plaen, Khun Tee, Khun Joehawaii, Khun Pravitchayo, Khun Pornpit, Nong Leng, Khun Tuan, and Khun Art Chiang Mai. I hope there will be an opportunity to hear more news from them through the Droplet Email Project. I want to ask people to please send encouragement to friends at Laksi Prison also (2). Even though some of us there are high-level people, those of us who are there are important people, their feelings are not any different. Through the Project, I myself send encouragement to friends who are there.

One younger friend came to visit and told me that Ajarn Somsak Jeamteerasakul spoke about me and sent his wishes to me. I want to thank Ajarn Somsak for considering and thinking about an unimportant person like me. For certain, within the group of people charged under Article 112, the majority of people only know about P’Somyos and Ajarn Surachai. It is also true that the majority of people know more about Jatuporn Prompan, Jeng Dokchik, etc., than about ordinary people like us who are imprisoned. We must persevere and struggle with greater hardship, many times over, than famous people do. I myself am lucky, because I have Khun Anon, Khun Pla and the Prachatai team. They help provide a channel for unimportant prisoners to express ourselves. By now, people outside the prison have plenty of information about us, but the results have been spare. I want to tell Ajarn Somsak and everyone else that “Perhaps I would not have to do the duty of helping our friends, if our side [outside] sympathized with us more.”

Another thing that made me feel very warm is that today, P’Suchart Nakbangsai [or Warawut Thanangkorn, his real name], or, as I called him, P’Chart, my older brother whose ideals are very close to mine, came to see me. He has already been released and made good on his promise that “I will not forget you.” He has passed through the exit door of the prison, made it out. To put it simply, he has done what is difficult for some of us (one more … me … ee-ee). In short, please tell P’Suchart that I am very comforted by what he has done, and what he promised to do. One day, if I have the opportunity, I am going to do the same things that P’Suchart has done. Because we are ‘the people.’ As far as finding me a wife, no need for him to do it. By the time I get out, I will be too old. Hee hee.

Something else that I and other friends in the 112 family feel very good about is the comeback of a friend who shared our same fate, someone I knew only from the pages of the newspaper, Khun Suwicha Thakor. [Suwicha has recently been seen active again on some internet forums.] The day that I was arrested was close to the day that Khun Suwicha was released. My sense is that I think that because Khun Suwicha is also the father of a small child, he can well understand my situation.  Up until today, I still clearly remember the picture of Khun Suwicha and his children in the Bangkok Post. I used to wonder what happened to Khun Suwicha after he was released from prison. Today I have the answer. I consider him another important force to help people in Thailand and the world understand the nefariousness of this law. What matters is that I realize that Khun Suwicha, P’Chart, and I, share the same thinking [ideas or feelings]: that is, feeling grateful to the people, the compatriots and our friends around the world, as well as losing faith in politicians in this country.  I offer thanks [to them] on behalf of all 112 friends for their caring and for being an example to the people who share their fate, like me to have faith and come together and act justly in the future.

The inspiration for this came from what P’Chart said to me. Khun Anon, please transcribe the recording and give me the transcript to read. This would be a tremendous gift.

Faithful and steadfast,
Num Daeng Non (Red Non)
Father of Nong Web


P.S., Your new haircut is very handsome!




Tuesday, October 2, 2012

Stricter Web Regulation in Southeast Asia | Prachatai English

Stricter Web Regulation in Southeast Asia | Prachatai English
Mong Palatino, Global Voices Onlin, October 2, 2012

While Southeast Asian governments are enhancing the delivery of online services for the benefit of their citizens, they are also instituting tougher internet regulations which many analysts believe could be used to curtail media freedom.

This post is a summary of recent Global Voices articles which discussed several controversial internet regulation policies in the region.

In Cambodia, the government is enforcing a circular drafted earlier this year which requires internet cafes to set up surveillance cameras and to register callers. It’s supposedly a crime prevention measure but critics have argued that it violates privacy rights.

In Singapore, the proposed Code of Conduct for bloggers which didn’t get a favorable response from the local internet community was finally discarded by the government in favor of a Media Literacy Council. Established last August 1, the council is tasked to promote public education on media literacy and cyber wellness. But critics have questioned the lack of transparency in appointing the members of the council which is seen by some as another internet censorship tool.

Andrew Loh reminds the Singaporean government that netizens or bloggers should not be viewed as troublemakers:

"The problem is not with the Internet, or its practitioners. The problem is not with bloggers or, as the Government like to call them, “netizens”. It is not a problem with those who are actually active online, as opposed to those who sit in their comfortable offices tucked somewhere in some unknown places dictating what and how the online landscape should look like.

Nah, the problem is with a Government which still wields much control, and which has little patience for messiness, for diversity, for spontaneity and indeed for robust debates and disagreements."

Recently, the Philippines enacted the Anti-Cybercrime Law which aims to prevent the cyberspace from degenerating into a ‘lawless realm.’ But the law was described as a threat to media freedom by journalists who protested the last-minute inclusion of libel in the law.

Lawyer JGBernasSJ Blogs mentions the ‘frightening’ provisions of the law:

"Libel has been decriminalized in other civilized jurisdictions. Our legislature, instead, will throw us back to the dark ages by imposing a higher penalty for libel. In effect, advance in communication technology is being treated not as a boon but as bane."

Like the Philippines, Malaysia has introduced amendments in the law which could curtail internet freedom. Under section 114A of the revised Evidence Act of 1950, law enforcement authorities are able to identify the persons who should be made accountable for uploading or publishing content in the internet. Media freedom advocates have warned that the amendment could force online writers to resort to self-censorship and web moderators could disallow critical comments in order to avoid prosecution and harassment suits.
The Lee & Chong Team explains how the amendment can affect ordinary internet users:

"This amendment will create troubles for the public. Everybody is using the Internet daily and with this new amendment, the public has to change the password for the network service and also social network site frequently to avoid being misuse by other people. Besides that, the café or restaurant that used to provide free wifi service may no longer provide the free wifi service to their customer. This will indirectly affect the business of the restaurant or café"

The Philippines and Malaysia may have been inspired by Thailand’s experience which has gained notoriety for using restrictive laws to punish government critics. Article 112 of Thailand’s criminal code is often described as the world’s harshest Lese Majeste (anti-royal insult) law. The controversial law is often invoked to censor web content and shut down websites. Global Voices conducted an interview with a former member of the police committee that handles Lese Majeste cases.

Elsewhere, Vietnam has recently convicted three bloggers accused of spreading anti-government propaganda. Earlier, the Prime Minister has openly criticized some opposition-leaning blogs whom he accused of fomenting disunity in the country.

Governments in the region have justified the imposition of harsh web policies ostensibly to protect the rights of ordinary internet users and uphold public morality. The new policies were met with public opposition but so far the governments have remained firm in implementing the new internet laws.

###

This article by Mong Palatino was originally published by Global Voices Online, a website that translates and reports on blogs from around the world.

Friday, September 21, 2012

Protesters rally for release of lese majeste prisoners | The Nation Thailand

Protesters rally for release of lese majeste prisoners | The Nation Thailand
Pravit Rojanaphruk, The Nation, September 20, 2012

Twenty opponents of the lese majeste law held a 112-minute vigil outside the Criminal Court yesterday to condemn the postponement of lese majeste detainee Somyos Prueksakasemsuk's sentencing. The verdict has been postponed to December 19.

The protesters wore black eye masks reading "release political prisoners", while one placard read "justice delayed is justice denied".


Photo by Prainn Rakthai

Somyos has been detained for 17 months now and his bail request denied 11 times.

Inside the court yesterday, another lese majeste and Computer Crimes Act detainee, 41-year-old Surapak Phuchaisaeng, became the first such prisoner to be prosecuted and tried under the Yingluck Shinawatra administration.

Surapak, whose trial was in its second day yesterday, is accused of being behind a Facebook page with a name that is deemed defamatory to the King. "I shall rule through…" is part of the title of the account, which cannot be revealed in its entirety by The Nation for fear of violating the lese majeste law.

Surapak, who was arrested on September 2 last year, told The Nation that it is "disgusting" that he has to wear shackles and prisoners' garb even though no concrete evidence has been produced linking him to the Facebook page, which is still active even though he is in prison. His bail request has been denied about half a dozen times now.

"Think about it. This is Thailand! The justice process never protects the people, only the elite," Surapak said as prosecution witness Pol Major Niti Inthurak, an officer at the Computer Crimes unit, told the court that it was not the police force's job to trace the suspect's IP address.

Surapak, who hails from Nong Khai province and is a computer programmer, said he had lost lots of job opportunities while in prison, adding that prosecutors would never be able to prove that he was linked to the Facebook account.

He is scheduled to testify in court tomorrow.


Free Somyot Now | Prachatai English

Free Somyot Now | Prachatai English
September 19, 2012

Human rights and labour organizations today urge that magazine editor and human rights defender Somyot Prueksakasemsuk be immediately released from 17-month pre-trial detention.  If convicted, he faces up to 30 years in prison under Article 112 of the Criminal Code (the lèse-majesté law) for the publication of two articles deemed insulting to the monarchy.  The group further called on the Thai authorities to uphold international standards of freedom of expression, and to stop using Article 112 and arbitrary detention to criminalize or restrict free speech.

The outcome of Somyot’s trial is a litmus test of Thailand’s commitment to protect the rights to freedom of opinion and expression, the group said

Somyot has been held in prison since his arrest in April 2011, five days after he launched a petition campaign to collect 10,000 signatures required for a parliamentary review of lèse-majesté law.  Lengthy pre-trial detention of Somyot clearly violates Thailand’s obligations to refrain from arbitrary detention.

On 18 September, the Thai Criminal Court cancelled a court hearing in his case scheduled for 19 September, prolonging his pre-trial detention indefinitely.  The Criminal Court did not provide reasons for the cancellation or a new date for the hearing.

Background

Authorities have turned down Somyot’s eleven requests for release on bail. In denying him provisional release, the court has not provided adequate justifications, as required by Section 40(7) the Constitution and Section 107 of the Criminal Procedure Code, which restrict pre-trial detention to exceptional circumstances, and by the International Covenant on Civil Political Rights (ICCPR), which Thailand has ratified.

During the past two years, Thai courts have repeatedly denied bail to alleged lèse-majesté offenders. The UN Human Rights Committee, which oversees compliance of States with the ICCPR, has reminded States that pre-trial detention may, in itself, be a violation of the rights to liberty and presumption of innocence.

Thailand’s lèse-majesté law prohibits any word or act, which “defames, insults, or threatens the King, the Queen, the Heir-apparent, or the Regent”. The law overrides the Thai constitution and places the country in contravention of its international legal obligations to uphold international standards of freedom of expression. Thai civil society groups, families of those prosecuted under the lèse-majesté law, and United Nations human rights experts have repeatedly called for a public debate on reform of the lèse-majesté law. When Thailand’s human rights record was examined in October 2011 during the Universal Periodic Review of the UN Human Rights Council, its member states addressed more than a dozen recommendations to amend or repeal both the lèse-majesté law and the 2007 Computer Crimes Act that criminalizes online defamation under the same provision.  Four of the alleged lèse-majesté offenders, including Somyot, have pending requests to the Constitutional Court to rule on the constitutionality of Article 112.  On 19 September, Somyot was expected to learn if the Constitutional Court had ruled on whether Thailand’s lèse-majesté law complies with guarantees of freedom of expression and the press in the 2007 Constitution.

The UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression “reiterate[d] the call to all States to decriminalize defamation” in his report (A/HRC/17/27) to the UN Human Right Council in May 2011. The UN Declaration on Human Rights Defenders guarantees the right “[t]o submit to governmental bodies and agencies and organizations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may impede the realization of human rights.” Thailand has increasingly criminalized writers and editors of publications that carry articles deemed offensive to the monarchy.

Wednesday, August 29, 2012

Two Thai lèse majesté convicts released | prachatai.com

Two Thai lèse majesté convicts released | prachatai.com
prachatai, August 29, 2012

On 24 Aug, Warawut Thanangkorn, aka Suchart Nakbangsai, and Suriyan Kokpuey were released from Bangkok Remand Prison under the 2012 Royal Decree for Royal Pardon on the occasion of HM the Queen’s birthday on 12 Aug.

Warawut, an anti-coup activist, was sentenced to 6 years’ imprisonment, which was reduced by half due to his guilty plea.  He was imprisoned for about one year and 10 months.


Warawut

Suriyan, a shoe repairer, was sentenced to 6 years and one month in prison, and the jail term was also halved due to his guilty plea.  He was imprisoned for about one year and 11 months.


Suriyan and his parents

Suriyan’s parents Suwit and Surin arrived at the prison at 6am in anticipation of their son’s release, after having been disappointed the previous day due to a delay caused by bureaucratic paperwork.

Other people who also came to greet the two released prisoners included Warawut’s elder brother, Chairwoman of the United Front for Democracy against Dictatorship Thida Thawornsate and her husband Weng Tojirakan (a red shirt leader and Pheu Thai MP), Chulalongkorn University lecturer Suda Rangkuphan and some 40 red shirts.  Reporters from various news organizations were also present.

The pardoned prisoners were released in groups about 15 minutes apart, about 30 in each group.  A total of 304 prisoners were released on that day.
 
Warawut and Suriyan were released in the second group at about 9.30 am.  They came out and were met with the sound of greetings and were given garlands and flowers.

After his release, Warawut waited to visit other political prisoners still imprisoned there and ordered food for them, while Suriyan and his parents went to Lak Si Prison to visit political prisoners there.

Warawut told reporters that he would hold a talk show on 3 Nov to share the experiences of his anti-coup activities, prosecution and life in prison, with tickets priced at 112 and 2,000 baht.


(From left) Nat Sattayapornpisut, Suriyan Kokpuey and his parents at Amphon's funeral on 26 Aug

Warawut Thanangkorn, having been released a few days before the funeral


Saturday, August 18, 2012

Doctors find woman accused of lèse majesté insane | prachatai.com

Doctors find woman accused of lèse majesté insane | prachatai.com
prachatai.com, August 18, 2012

A 63-year-old woman, who was alleged to have committed lèse majesté during a protest in front the Constitution Court in July, has been diagnosed as mentally ill by psychiatrists.

On 16 Aug, Pol Lt Col Phiphob Sukkam, a Deputy Superintendent of Investigation at Thung Song Hong Police Station in Bangkok, said that the Galya Ratchanakharin Institute, where Thitinan Kaewjantranon had been held since her arrest, had already submitted its diagnosis of her mental health.

Thitinan was examined by a team of psychiatrists, psychologists and other specialists, led by a former Director-General and a Deputy Director-General of the Department of Mental Health under the Ministry of Public Health.

‘According to the diagnosis, Thitinan is mentally ill and is in need of at least a further two months’ medical treatment at the institute.  She is now incapable of giving any testimony and handling any legal action,’ the police officer said.

The case will be forwarded to Deputy Commander of Metropolitan Police Pol Maj Gen Parinya Chansuriya, the chief investigator in charge of the case, to consider what to do next, he said.

On the same day, Criminal Court Director-General Thawee Prachuablarb told reporters that in cases where the accused claimed during police investigation that they were mentally ill [in committing alleged crimes], police investigators were obliged to send them to be examined by psychiatrists. 

If the accused are found to be permanently mentally ill, having committed the alleged crimes without being able to control themselves, they will probably be acquitted.  But, if found to be temporarily mentally ill, they will probably be sentenced to punishment less severe than that prescribed in the law, he said, citing Section 65 of the Criminal Law:

Whenever any person commits an offence at the time of not being able to appreciate the nature, or illegality of his act or not being able to control himself on account of defective mind, mental disease or mental infirmity, such person shall not be punished for such offence.

But, if the offender is still partially able to appreciate the nature or illegality of his act, or is still partially able to control himself, such person shall be punished for such offence, but the Court may inflict less punishment to any extent than that provided by the law for such offence.

As Section 112 of the Criminal Code prescribes a penalty of lèse majesté of from 3 to 15 years’ imprisonment, those who are found to be ‘partially able’ to control themselves might, for example, be sentenced to one or two years’ imprisonment, he said.

If investigators or the courts view that the accused are mentally ill and not capable of handling their legal cases, they are authorized by law to suspend any legal proceedings and send the accused to receive medical treatment at mental institutes or hospitals until they are considered able to account for themselves, he said.

Thitinan, a New Zealand resident, was accused of lèse majesté for her allegedly improper actions against a picture of HM the King in front of the Constitution Court on 13 July.
Having been held under medical care by the institute since her arrest, she has been officially forbidden go abroad by the police. 

Tuesday, June 12, 2012

THAILAND: Freedom of expression under attack

THAILAND: Freedom of expression under attack
Asian Legal Resource Centre, JUne 12, 2012

he Asian Legal Resource Centre (ALRC) wishes to bring the crisis of freedom of expression in Thailand to the attention of the Human Rights Council. This statement is the third on this topic that the ALRC has submitted to the Council since May 2011. During the seventeenth session of the Council in May 2011, the ALRC highlighted the rise in the legal and unofficial use of section 112 of the Criminal Code and the 2007 Computer Crimes Act (CCA) to constrict freedom of expression and intimidate citizens critical of the monarchy (A/HRC/17/NGO/27). In February 2012, the ALRC detailed some of the threats faced both by those who have expressed critical views of the monarchy, both legal and extralegal, as well as those who have expressed concern about these threats (A/HRC/19/NGO/55).

The ALRC is again raising the freedom of expression to stress the persistence of the threat present, foreground the intensification of the dangers to human rights in Thailand broadly, and to acknowledge the continued courageous actions by citizens to revise or revoke section 112 and the CCA, despite these threats and dangers. As the ALRC has continually stressed, within the context of the political crisis that began with the 19 September 2006 coup and greatly increased with the violence of April-May 2010, the protection of fundamental human rights, including freedom of expression, is essential if there is to be the possibility of successful democratization and widespread access to justice in Thailand.

Section 112 criminalizes criticism of the monarchy and mandates that, “Whoever defames, insults or threatens the King, Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to fifteen years." Statistics provided by the Office of the Judiciary indicate a sharp rise in lese-majesty charges filed since the 19 September 2006 coup, with 33 charges filed in 2005, 30 filed in 2006, 126 filed in 2007, 77 filed in 2008, 164 filed in 2009, and an extraordinary 478 charges filed in 2010. While statistics released for the first five months of 2011 indicate a reduction in the number of charges filed, information for the second half of 2011 and 2012 to date has not been made available publicly. The failure of the Government of Thailand to provide information itself raises many unanswered questions about the use of the law to diminish space for freedom of expression through the use of secrecy and generating of uncertainty.

Court judgments in cases of individuals charged and prosecuted under a combination of section 112 and the CCA are similarly resistant to scrutiny and ready comprehension. Section 14 of the CCA notes that anyone can be jailed for five years if found to have imported to a computer "false computer data in a manner that it is likely to damage the country's security or cause a public panic… any computer data related with an offence against the Kingdom's security under the Criminal Code." As section 112 also is classed as a crime related to national security, it can be powerfully combined with the CCA to punish dissent, or perceived dissent, carried out via electronic means. Two recent cases, of Mr. Amphon Tangnoppakul and Ms. Chiranuch Premchaiporn, illustrate the dangers to freedom of expression posed by categorizing criticism of the monarchy as a crime against national security and the lacunae in the CCA, which makes it a ready vehicle for enhancing these dangers.

On 8 May 2012, Mr. Amphon Tangnoppakul, a 61-year-old man, was found dead in prison custody. At the time of his death, Amphon was serving a 20-year sentence received upon being convicted of four violations under section 112 and the CCA on 23 November 2011. Amphon was convicted for allegedly sending four SMS messages defaming the Thai queen and insulting the honor of the monarchy. In this submission, we concentrate on the legal ambiguities and lacunae in the case that go to the criminalizing of free speech through the use of section 112 and the CCA in Thailand:

a. Similar to other court decisions in cases of alleged violations under section 112 and the CCA, the judges in this case had to infer the meaning of the four SMS messages in question (which was imprecise), the alleged intention of the defendant, and speculate on any potential damage caused to the monarchy and national security. At best, the court’s interpretation could be described as legally inexact. At worst, it can be described as complete fiction.
b. The court’s logic in finding the four SMS messages in question criminal rested on an argument about the validity of the information contained within them and on what this might cause readers of the messages to believe. More specifically, the judgment reads that the messages were
“… the import to a computer system of false computer data, that was defamatory, insulting, and threating to the king, queen, heir-apparent, and regent. would cause those who saw it to believe that the content of the messages was the truth, which would damage the nation’s security. As a result, some of the aforementioned actions of the defendant are likely to damage the honor and reputation of the king, queen, heir-apparent, and regent and to cause them to be insulted and despised. With an intention to cause the people to dishonor, fail to venerate, and threaten the king, queen, heir-apparent, and regent.”
Throughout the decision the adjective “likely” is used; in other words, damage was not caused by the SMS messages, but was probable in the opinion of the court. The ruling was not one that found the defendant guilty beyond doubt, but rested on a highly uncertain balance of probability.
c. In addition, to interpret under the CCA the sending of a rude SMS message as “the import to a computer system of false computer data” is to stretch the category of “false computer data” beyond the already broad ambit provided by the law. Several pages later in the court decision, “false” is elaborated in political, rather than scientific or legal terms. The judges write that the four SMS messages in question
“… are entirely false because the truth reflected for the people around the country is the king and the queen are full of compassion. They are concerned for every person in the land and perform their royal duties for the benefit and happiness of the Thai citizenry.”
While this may be the judges’ opinion of the monarchy, to categorize it as truth is an ideological stance inappropriate for an ostensibly independent judiciary to take, and does not constitute any form of grounds for conviction under law. Further, given the increased frequency with which section 112 is being enforced, this statement is difficult to appeal against, either in law or in public debate, without also risking being charged under the law.
d. Finally, even if the accused in this case had committed the offences as alleged, the 20-year sentence raises significant concerns about the proportionality of punishment for crimes of defamation in Thailand and speaks manifestly to an imbalance in the law of Thailand as written and as currently enforced between protecting the sovereign and protecting the human rights of people residing in the country.


On 30 May 2012, Ms. Chiranuch Premchaiporn, a 44-year-old human rights defender and webmaster of Prachatai, an independent online news site, was found guilty of one count out of ten alleged charges of violating the CCA. The charges against her in this case stemmed from her alleged failure to remove comments deemed offensive to the monarchy from the Prachatai webboard quickly enough. The prosecution alleged that this indicated her support of and consent to the comments, which constituted a violation under the CCA. She was sentenced to one year in prison and a 30,000 baht fine, which was reduced to a suspended sentence of eight months and a 20,000 baht fine.

a. In the decision, the judges responded with an assessment of the appropriate length of time. The decision notes that in nine of the ten comments in question, they were removed within one to eleven days, and that this indicates that Chiranuch did not intentionally support or consent to them. In the instance of the tenth comment, which remained online for twenty days before she removed it, however, the court concluded that this duration indicated “implied consent.”
b. Of particular concern to the ALRC was a statement in the ruling that while apparently endorsing freedom of expression in fact does precisely the opposite by imposing on the public the obligation to self-censor or be subject to criminal actions:
“The court acknowledges that freedom of expression is a basic right of citizens that is guaranteed and protected in every Thai Constitution. This is because freedom of thought and expression reflects good governance and the democratization of a given entity or nation. Criticism from the people, both positive and negative, provides an opportunity to improve the nation, given entity, and individuals for the better. But when the defendant opened a channel for the expression of opinions within a computer system, she was the service provider and it was within her control. The defendant had a duty to review the opinions and information that may have impacted the country’s security as well as the liberty of others which deserves similar respect. the defendant cannot cite freedom of expression in order to be released from liability.”
This statement, far from being an endorsement of free expression, is a direct attempt of the Court to disavow the right to freedom of expression found both in the Constitution of Thailand and in the ICCPR. The role of the Court and the judiciary in a broad sense should be to aid the development of justice and the rule of law, not aid in its dismemberment.
The ALRC is concerned that the cases of both Amphon Tangnoppakul and Chiranuch Premchaiporn are both indicative of how the judiciary in Thailand is marshaling spare evidence to convict persons of offences under political laws, and in so doing, of its role in eroding institutions and structures that are supposed to guarantee human rights and protect freedom of expression.

The ALRC also wishes to draw the Council’s attention to the courage of human rights activists, media advocates, and citizens in Thailand who continue to call for reform of section 112 despite the growing legal and extrajudicial threats they face. Under the 2007 Constitution, if at least 10,000 citizens sign in support of a proposed amendment to law, then it must be examined by the parliament. On 28 May 2012, the Campaign Committee for the Amendment of Section 112, a coalition of human rights and media activists, writers, artists, and citizens, presented 26,968 signatures in support of an amendment to section 112 limiting its use and reducing the punishment for violations. It is essential that in the coming months, the 26,968 citizens who signed in support of the draft amendment do not experience harassment or other repercussions for doing so.

The Asian Legal Resource Centre expresses solidarity with those persons in Thailand working to have laws aimed at narrowing the freedom of expression revoked or amended, and calls upon the Human Rights Council and also Special Procedures of the Commissioner for Human Rights to contribute to their efforts by urging the Government of Thailand to make the necessary changes to protect this fundamental human right. In this regard, the ALRC calls on the Special Rapporteur on Freedom of Expression to continue to monitor the situation on the ground in Thailand and to request the government to make an official visit to the country at the nearest possible opportunity to meet with concerned persons and produce a report with recommendations to the Government of Thailand for legal and institutional changes to the same end.

A written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organisation with general consultative status
HUMAN RIGHTS COUNCIL
Twentieth session, Agenda Item 3, Interactive Dialogue with the Special Rapporteur on freedom of expression

Friday, June 1, 2012

EU says Chiranuch prison sentence could stifle free speech | Bangkok Post

EU says Chiranuch prison sentence could stifle free speech | Bangkok Post


The European Union has expressed "deep concern" over a suspended prison sentence handed down to the Prachatai webmaster for comments posted on her website by other people which were deemed to be insulting to the monarchy.

The EU said it was encouraged that Chiranuch Premchaiporn would not serve prison time for failing to speedily delete a post on her Prachatai news site, but said the guilty verdict would have "damaging effects".

An eight-month suspended jail sentence was handed down to Ms Chiranuch, 44, by a Bangkok court on Wednesday.

"The EU expresses its deep concern about the damaging effects of a guilty verdict, and the ensuing conviction, on freedom of expression in Thailand by criminalising intermediaries for content posted by other internet users on websites," the EU delegation in Bangkok said yesterday.

The case comes amid heated debate about a surge of prosecutions under laws criminalising criticism of the monarchy, commonly referred to as the lese majeste laws.

Web giant Google said the sentence set a legal precedent that would compromise companies hosting internet platforms, and pose a danger to web users.

The "guilty verdict for something somebody else wrote on her website is a serious threat to the future of the internet in Thailand", a Google spokesman said following the court's ruling.

Danny O'Brien, of the Committee to Protect Journalists, served as an expert witness during the trial. He said Ms Chiranuch's conviction shows internet bystanders can still be caught up in expensive and uncertain criminal prosecutions for postings on their site which they did not write, edit or support.

Critics say politically motivated charges under tough royal defamation laws are increasingly common.

The country has been rocked by periods of civil unrest instigated by rival factions since a 2006 coup by royalist generals ousted former prime minister Thaksin Shinawatra.

Ms Chiranuch's time in court is not over. She faces a second trial under the kingdom's lese majeste laws that could result in a maximum sentence of 15 years on each charge.

Wednesday, May 30, 2012

THAILAND: Verdict in landmark freedom of expression case

THAILAND: Verdict in landmark freedom of expression case
Asian Human Rights Commission, May 31, 2012

Dear friends,

On 30 May 2012, the Criminal Court read its verdict in the case in Black Case No. 1667/2553, in which Chiranuch Premchaiporn was charged with ten alleged violations of the 2007 Computer Crimes Act (CCA). Chiranuch is the 44-year-old webmaster of Prachatai, an independent online news site, which has served as an important platform for critical news, discussion, and debate for over seven years in Thailand. The charges against her in this case stemmed from her alleged failure to remove comments deemed offensive to the monarchy from the Prachatai webboard quickly enough. The Court found Chiranuch guilty for one out of the ten charges, and she was sentenced to one year in prison and a 30,000 baht fine.  Resulting from her cooperation with the Court and the fact that this was her first offence, this was immediately reduced to a suspended sentence of eight months and a 20,000 baht fine.

The Asian Human Rights Commission (AHRC) welcomes the news that Chiranuch will remain outside prison and be able to continue her and Prachatai’s ground-breaking work expanding and sustaining the space for freedom of expression in Thailand. Yet we are gravely dismayed at the broader threat to freedom of expression and human rights represented by the return of a guilty verdict in this case.

Throughout this case, what has been of concern is the use of the CCA’s vague provisions to constrict freedom of expression by not only making an individual who writes or posts a comment, image, or video online potentially criminally liable, but also making the providers of internet services, such as webboard moderators, equally liable. Under section 14 of the CCA, anyone can be jailed for five years if found to have imported to a computer "false computer data in a manner that it is likely to damage the country's security or cause a public panic… [or] any computer data related with an  offence against the Kingdom's security under the Criminal Code". Under its section 15, the service provider found to “intentionally supporting or consenting to” the use of the computer for this purpose is equally liable as the person committing the offence, which in the case of Chiranuch is the crime of lese majesty, as stipulated in section 112 of the Criminal Code, that, "Whoever defames, insults or threatens the King, Queen, the Heir-apparent or the Regent, shall be punished (with) imprisonment of three to fifteen years." In the case of Chiranuch Premchaiporn, the prosecution alleged that she should have removed comments deemed to be damaging to the monarchy more quickly, and in not doing so, had violated the CCA.

One of the crucial issues for both the prosecution and the defense was the determination of what constitutes “intentionally supporting or consenting to” and, more specifically, an appropriate length of time within which questionable webboard comments must be removed.  In the decision, the abbreviated version of which has been posted on the Prachatai website, the judges responded with an assessment of the appropriate length of time.  The decision notes that in nine of the ten comments in question, they were removed within one to eleven days, and that this indicates that Chiranuch did not intentionally support or consent to them. In the instance of the tenth comment, which remained online for twenty days before she removed it, however, the Court concluded that this indicated “implied consent”. On the basis of this assessment, Chiranuch was found guilty of one charge of violating the Computer Crimes Act.

As Google noted in a statement released after the verdict was announced on 30 May 2012, the CCA poses threats to a free and open internet in Thailand because it lacks “transparent rules about how to identify and react to unlawful content.”Although Thailand’s legal system is not precedent-based, this decision partially begins the process of clarifying the constituent vagueness of the Computer Crimes Act. Within this decision, a period of up to eleven days to remove a comment deemed damaging is acceptable and legal; a period of twenty days is unacceptable and criminal.  Yet the decision introduces another dangerous lack of clarity with the category of “implied consent.” The text of the CCA mentions intentional support and consent, and the category of “implied consent” indicates that whether or not the consent is explicit or implicit is immaterial in the eyes of the law.

Further, in the abbreviated decision the Court addressed the issue of freedom of expression and its relevance in this case. As a reminder, Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a state party, mandates that:

"1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals."

While not acknowledging Article 19, the Court addresses section 3 (b).  It is worth quoting at length from the abbreviated decision here:

"The court acknowledges that freedom of expression is a basic right of citizens that is guaranteed and protected in the Thai Constitution. This is because freedom of thought and expression reflects good governance and the democratization of a given entity or nation. Criticism from the people, both positive and negative, provide an opportunity to improve the nation, given entity, and individuals for the better. But when the defendant opened a channel for the expression of opinions within a computer system, she was the service provider and it was within her control. The defendant had a duty to review the opinions and information that may have impacted the country’s security as well as the liberty of others who must be respected as well…. [with respect to comments found to be damaging] the defendant cannot cite freedom of expression in order to be released from responsibility."

On the one hand, there is nothing vague about this statement. Webboard moderators, editors, service providers, and anyone else covered by Article 15 of the CCA must anticipate potential threats to national security by anyone who writes, posts, or uses their services. Yet what remains unclear is the precise method by which the comments on the Prachatai webboard were a threat to national security or the liberty of others. Within this unexplained gap, restrictions on the freedom of expression and related human rights violations flourish. The onus remains on the Court to precisely outline the meaning of national security and the specific threats posed to it.

In view of the above facts, the Asian Human Rights Commission calls on the Thai government to explain this decision, and the logic supplied for it, with its obligations under Article 19 of the ICCPR. Simultaneously, within the context of these continued threats to freedom, the AHRC congratulates Chiranuch Premchaiporn and Prachatai on their continued opportunities to work for the full realization of human rights in Thailand. As additional recent charges and convictions under Article 112 and the Computer Crimes Act indicate, this work is needed now more than ever.

Webmaster gets deferred jail term | Bangkok Post: news

Webmaster gets deferred jail term | Bangkok Post: news
Agence France-Presse, 30 May 201

The Criminal Court on Wednesday convicted an online editor for hosting posts critical of the revered monarchy on her website, but suspended her jail sentence.


Chiranuch Premchaiporn was found guilty of failing to speedily delete comments posted by other people that were deemed insulting to the royal family from her popular news website, Prachatai. The Bangkok court fined her 20,000 baht ($630).

But Judge Kampol Rungrat, while sentencing Chiranuch to eight months in jail, suspended the sentence for a year, saying that she had cooperated with the court and had "never violated the law herself''.

"The defendant cannot deny responsibility for taking care of content on her website," he said, adding she was initially given a one-year jail term but that this was cut to eight months for her "useful" testimony to the court.

According to the verdict, there were nine comments critical of the monarchy on Chiranuch's website.

Eight of the comments were deleted promptly, inside 20 days, but one of them remained on the website for 20 days. The law requires slurs on the monarchy to be removed within 20 days.

She still faces further charges - at a date to be set - of breaching Article 112 of the Criminal Code which outlaws insults to the royal family and allows for a maximum 15-year sentence for every conviction.

Hers is one of several high-profile cases that have stirred fierce debate in Thailand, where authorities are accused of trampling on free speech by exploiting the strict "lese majeste" law against defaming the royal family.

On Tuesday, a petition signed by almost 27,000 people urging reform was submitted to parliament in the first mass action of its kind.

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.