orders and announcements, and charges of usage
or possession of firearms used in wartime.
A lot of lèse majesté cases with civilians as defendants went to military courts where some of the
judges are military personnel without legal backgrounds. Under the military court’s procedure, the
court usually does not schedule the dates of trial
continuously, so there is a large lapse of time between each witness examination; thus the trials
take a long time. So far there has not been any
lèse majesté case under military court where the
defendant denied the charge. In many cases, the
military courts also try the cases in secret. No observers, including the defendant’s relatives, can be
present in the courtroom.
Prosecutions of false claims using the lèse
majesté law
A new phenomenon in the use of Section 112, which
has appeared since the 2014 coup, is the arrest and
prosecution of those who have close connections
with the institution of the monarchy on charges of
making false claims about the monarchy to seek
personal benefit.
In November 2014, the prosecution of people
charged with making false claims, fraud and lèse
majesté which attracted much public attention involved a network of high-ranking police officers, led
by Pol. Lt. Gen. Pongpat Chayapan, Commander of
the Central Investigation Bureau, and Pol. Maj. Gen.
Kowit Wongrungroj, Deputy Commander of the Central Investigation Bureau. At least 26 people have
been accused of associating with this monarchy-citing network of high-ranking police, 19 of whom have
already been charged with lèse majesté. Out of this
number, 16 suspects have been brought to trial.
In October 2015, there was another similar
prosecution of false claims under the lèse majesté
law. Three people were accused of making false
claims about the monarchy to seek personal benefit. They were Suriyan Sutjritpolwongse, aka Mo
Yong, a well-known fortune teller who was involved
in organising the “Bike for Dad” event; Jirawong
Wattanathewasilp, his close associate; and Pol.
Maj. Prakrom Warunprapa, an inspector in the Technology Crime Suppression Division. Suriyan died in
custody and Pol. Maj. Prakrom reportedly committed suicide in his cell.4
There is no clear record of the number of people arrested for “false claims” since most of the
accused are related to the royal institution and are
not known to the public. It is believed that there
are more than 50 persons involved. Some of the
suspects in the news report are relatives of the former Princess Srirasmi, Royal Consort to the Crown
Prince.5 The “false claim” lèse majesté cases are far
more mysterious and scary than the cases against
free expression.
The impact of lèse majesté charges on society
The massive number of people prosecuted under
Section 112 and the harsh penalties applied, coupled with the trial procedure whereby most of the
accused have been denied bail and the court has
ordered a secret trial, have engendered a burgeoning climate of fear. It has engulfed the whole society
with the notion that the monarchy is untouchable
and people are supposed to practise self-censorship. They have to be cautious when discussing
any issues about the monarchy during both personal and public communication. This has gravely
compromised Thai people’s knowledge and understanding about the monarchy.
Case study 1: Jatupat6
Jatupat or Pai, 25, was a student at the faculty
of law at Khon Kaen University. He became a
social activist and was a member of the Daodin
group. He also participated in many activities
in northeast Thailand together with people
who were affected by economic development
projects. Jatupat and the Daodin group
organised many anti-NCPO activities.
On 2 December 2016 around 5:07 a.m., the
Facebook account under the name “Pai Jatupat”
shared a BBC Thailand article with a biography of
the new King of Thailand. In the same Facebook
post, Pai also copied part of the article. Lt. Col.
Phitakpol Chusri, the acting head of the Civilian
Affairs Division of Military Circle 23, saw Pai’s
post and filed a complaint with the police. On
3 December 2016, the police arrested Jatupat
under a lèse majesté charge. Jatupat was
detained at a police station for one night before
he was released on bail on 4 December 2016.
5
4
AFP. (2015, 9 November). Thai fortune teller held under royal
defamation law found dead. The Guardian. https://www.
theguardian.com/world/2015/nov/09/thai-fortune-teller-moryong-held-under-royal-defamation-law-found-dead
6
Reuters. (2015, 11 March). Parents of former Thai princess jailed for
insulting monarchy. The Telegraph. www.telegraph.co.uk/news/
worldnews/asia/thailand/11464642/Parents-of-former-Thaiprincess-jailed-for-insulting-monarchy.html
“Jatupat: shared BBC’s article”. Freedom of Expression
Documentation Centre. https://freedom.ilaw.or.th/en/case/756
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