No. 7/2014 and Order No. 3/2015), and also other
laws to repress opponents to the establishment
(the Public Assembly Act of 2015, the Computer
Crimes Act, and the Referendum Act). The NCPO has
summoned more than 1,300 people to report and
forced them to be under an “attitude adjustment”
programme. It has arrested at least 500 people on
political grounds, and has also established jurisdiction of the military court over civilian cases under
“national security” offences or charges against people who do not kneel before the NCPO.
As this report will show, the prosecution and
conviction rates under existing criminal and civil
procedure laws have increased dramatically. Arbitrary arrests and incommunicado detentions under
the NCPO have become commonplace.
Indeed, the NCPO uses repression as a central strategy to enact and enforce its policies. This
was clearly seen in the use of the Referendum Act
in the August 2016 constitutional referendum. The
Act, in effect, criminalised any form of campaigning
against the junta-written constitution. Within this
repressive environment, the new constitution entrenches the role of the military in the future politics
of Thailand, with the Senate being fully appointed
by the NCPO, a new electoral system that disadvantages large, established parties being instituted,
and non-party members eligible to become the
prime minister. In addition, Section 44 has also
been used at least 160 times by General Prayuth to
push through a raft of administrative and economic reforms. The NCPO-appointed National Reform
Committee is also in the process of drafting a 20year National Strategy Plan, which is a series of
long-term policies that future elected governments
will be legally forced to adhere to.
This report will focus on the legal means that
the NCPO uses to entrench itself politically and repress dissent. Specifically, it will examine the use of
provisions in the criminal code and civil procedure,
executive orders and announcements, and laws
approved by the rubber-stamp National Legislative
Assembly.
Lèse majesté: Section 112 of the Penal Code
The lèse majesté law in Thailand is located in Section 112 of the Thai Penal Code, and is classed under
offences against the monarchy. Section 112 states:
“Whoever defames, insults, or threatens the King,
the Queen, the Heir-apparent, or the Regent, shall
be punished with imprisonment of three to fifteen
years.”
Due to the fact that Thailand has a long-lasting
history of absolute monarchy, the people’s beliefs
and national culture are very much based on the
monarchy institution. This law became problematic
during the reign of King Bhumibol Adulyadej, King
Rama IX of the Chakri dynasty, who was in the Guinness Book of World Records as the longest reigning
monarch. Before he passed away on 13 October
2016, King Rama IX had carried out a lot of royal
projects for social benefit. During the military regimes in the 1950s to 1970s, the new ideology was
promoted, the monarchy was established as the
heart of the nation, and the penalty for lèse majesté
offences was increased. The mainstream ideology
among the Thai people considered the King as god
and as a symbol of goodness. Thai constitutions
usually state that the King shall be enthroned in a
position of revered worship and shall not be violated. No person shall expose the King to any sort of
accusation or action.
The lèse majesté law and its enforcement have
become the most sensitive and controversial issue
in Thai political conflict for the past 10 years. Political opponents have accused the other side of being
disloyal to the monarchy and thus guilty of lèse
majesté. This accusation is the most severe in Thai
society. People who are accused of lèse majesté can
be perceived by the society as wicked people and
also a threat to national harmony.
During the crackdown on red shirt protests
in 2010 that led to nearly a hundred deaths, the
government accused protesters of being anti-monarchy. Soon after the crackdown a number of people
were arrested under the charge of lèse majesté for
expressing their views on the political conflict. The
demand for reforming the lèse majesté law was also
rising during that time. However, even the elected
government led by Yingluck Shinawatra did not consider the proposal from the pro-democracy wing to
amend the law.
From 23 May 2014 to 17 May 2017, under the
NCPO regime, at least 90 people were charged with
lèse majesté for peacefully expressing views on the
King and other royal family members.1 Since the
political movement was restricted in other media,
most of the cases concerned online expression, especially on Facebook.
The problems of the enforcement of Section 112
The problematic aspects of the lèse majesté law
have been discussed for years. Legal experts
and other academics including those from many
1
iLaw. (2016, 10 May). Interesting statistics concerning
bail in 112 cases in NCPO era. Freedom of Expression
Documentation Centre. https://freedom.ilaw.or.th/en/blog/
interesting-statistics-concerning-bail-112-cases-ncpo-era
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