© AFP “His untouchable Majesty” Censorship and emprisonment : the abuses in the name of lese majeste

February 2009 Investigation : Clothilde Le Coz Internet Freedom desk Reporters sans frontières 47, rue Vivienne - 75002 Paris Tel : (33) 1 44 83 84 71 - Fax : (33) 1 45 23 11 51 E-mail : [email protected] Web : www.rsf.org “But there has never been anyone telling me "approve" because the King speaks well and speaks correctly. Actually I must also be criticised. I am not afraid if the criticism concerns what I do wrong, because then I know. Because if you say the King cannot be criticised, it means that the King is not human.”.

Rama IX, king of Thailand, 5 december 2005 Thailand : majeste and emprisonment : the abuses in name of lese Censorship

1 Thailand : Censorship and emprisonment : the abuses in the name of lese majeste room”. tem inthekingdom, known asthe “war euros) toset upanInternetfilteringsys- spend 80millionbaht(nearly 1.7million Ranongruk Suwanchawee, alsodecidedto monarchy. The new information minister, damaging tothe ments andarticles said that10,000siteshadpostedcom- ging themonarchy”. The justiceministry blocked becauseoftheir “content dama- took control, nearly 4,000websites were the Internet. Just over onemonthafter it one ofitsprioritieshasbeentoregulate Thailand since20December2008, and A new government hasbeeninpower in state? Thai prince. How didthingsgettothis like acriminalfor writingafew linesona and an Australian hasbeenimprisoned censored, fear stalksintellectualcircles Today, thousandsofwebsites have been speech. laws onthissubjecttopunishfree linked todevotion. There are harsh very the monarchy asa system, isnotsolely criticism towards theking, hisfamily or born onaMonday. Buttheabsenceof clothes inhonouroftheking, whowas dreds ofthousands Thais donyellow of life in Thailand. Monday, Every hun- Devotion tothe kingisamajorfeature agricultural andeconomicdevelopment. shown great interest inhis country's 1927, studiedinSwitzerlandandhasalso Rama IX, , bornin Crowned underthedynasticnameof head ofstateandprotector ofreligion. nal monarchy thatassignshimtherole of in Thailand. The kingdomisaconstitutio- since 5May 1950, enjoys hugepopularity Adulyadej, whohasbeenonthethrone It isundeniablethatKingBhumibol in thenameofking. redoubling tosilencecritics, itsefforts all People's Alliance for Democracy(PAD), past withouttherulingcoalition, the to 1991”!Henceforth, barely aday goes the “last timethelaw wasuseddatedback ago, Amnesty Internationalwassaying that offences ofnationalsecurity”. Ten years 112 ofthe Thai penalcoderelating to “from three to15years inprison(Art prince ortheregent”. Offenders face threatens theKing, theQueen, thecrown ned as: “anyone whodefames, insultsor for thecrimeoflesemajeste. This isdefi- who have beenvictimsofaninvestigation ofsixpeople report presents thestory sonment ofaround 100people. This Internet, theoffence hasledtotheimpri- majeste. Inaddition tocensorshipofthe of thelaws regulating thecrimeoflese Without Borders callsfor prompt reform In thelightofthissituation, Reporters that affects themonarchy. censorship assoonanything comesup have onepointincommon: they useself- press isfree anddiverse, butjournalistsall press freedom insouth-east Asia. The Thailand isquiterightly seenasamodelof every criticism? use thelaw of lesemajestetopunish father? And ifheisn't, willtheauthorities Wachiralongkorn beaspopularhis cession arises. Will thecrown prince With akingaged81, theissuesofhissuc- expression inthekingdom. this crisisthatisthreatening freedom of sovereign toaskhimfindasolution tion isaddressing itselfdirectly tothe from thepalace. That iswhy ourorganisa- crime oflesemajestecouldonly come Borders, areform ofthelaws onthe According toReporters Without 2 Thailand : Censorship and emprisonment : the abuses in the name of lese majeste complaint. This washow rities toopeninvestigations intoeach royal family. Itisthedutyofpoliceautho- orpublicationthatdamagesthe article son suspectedofbeingtheauthoran can callfor aninvestigation intoany per- ensues from thisprinciplethatany citizen or action.” (Chapter 2, Section8). It expose theKingtoanyofaccusation sort tion ofrevered worship. Nopersonshall ““The Kingshallbeenthroned inaposi- According tothe2007Constitution, a courtesy. Respect not forthekingisarule, has never beenquestioned. However, this criminal codesince1957 anditsexistence The crimeoflesemajeste hasbeeninthe years inprison. the maximum sentencefrom 15to25 recently proposed anamendmentraising to nationalsecurity”. The rulingcoalition the monarchy must betreated asathreat security. Whatever isdeemedasaffecting lic institution. Itisthepillarofnational monarchy in Thailand isnotjustasymbo- on16January,an interview saying: “The Pirapan Salirathavibhaga, confirmedthisin ging nationalsecurity. Justice Minister, means nothinglessthanpotentially dama- Under thelaw, tospeakabouttheking affairs. the monarchy inthekingdom'spolitical figure saidquestionedtherolemilitary of ted onthewebsite ofthe against himby acolonel, over pos- articles plaint for thecrimeoflese-majeste, laid thered attheendof2008, athird com- Asia correspondent, Jonathan Head, wea- be harshly punished.Even theinternational press - islikein Thailand everywhere, youdon'trespect butif it, youwill “When itcomestothemonarchy, reason goesaway. Themonarchy books, have very littleroom formanœuvre” BBC BBC , whichthe South-East the monarchy. Reporters Without from working freely onsubjectslinked to Above all, thisoffence prevents thepress said tohave beencommittedby him.” giously disproportionate tothe'crime' imposed onthe Australian writerisegre- occur from timetoandthepenalty the few SpanishandDutchcasesthat in Thailand cannotbecompared even with 19, said: “The current useoflesemajeste dom ofexpression organisation Article But Peter Noorlander, juristfor thefree- 3,000 euros, in2007. were sentencedtoeachpay afineof wife againsttwo press cartoonists, who Europe, pittedthePrinceofSpain andhis crime oflesemajestewasinvoked in of themostrecent casesinwhichthe of allkinds, regardless offrontiers.” One freedom toseek, receive ideas andimpart right includes “freedom ofopinionand tions “provided for underthelaw”; this of expression, restric- subjecttocertain Rights whichdefinestherighttofreedom the European Convention onHuman stands incontradictionto 10 of Article void. Within Europe for example, italso argument oftendeemedtobenull and Netherlands, convictions are rare and such asSpain, Jordan, Nepaloreven the In mostcountrieswhere thiscrimeexists, freedom ofexpression”. rence… everyone shallhave therightto the righttoholdopinionswithoutinterfe- 1997, underwhich: “Everyone shallhave Political Rightsthat Thailand ratifiedin International Covenant onCiviland definition contravenes 19ofthe Article BBC A Thai reporter A Thai etc -and 3 Thailand : Censorship and emprisonment : the abuses in the name of lese majeste citizens of the country are worriedcitizens ofthecountry about In thisclimateofgeneralised surveillance, rities toblockwebsites are notknown. hazy. The exactcriteriausedby theautho- towards thesepublications remains very royal family, thethreshold oftolerance whicharecontain articles linked tothe most ofthe4,000blocked websites do tioned intheComputerCrime Act. And if name oflesemajeste, whichisnotmen- veillance hasbeen strengthened inthe at theinformation ministry, Internetsur- Since RanongrukSuwanchawee tookover suspect ofbeingusedillegally. also authorisedtoseizecomputersthey without any judicialcontrol. Police are have thepower tochecktheinformation Internet usersfor 90days. The authorities viders tokeep individualinformation on force pro- in2007obligesInternetservice The ComputerCrime Act thatcameinto their work computersintheoffice. exceeding 0,50euro anhour)orthrough them getconnectedincybercafés (not - 500timesmore thanin2000. Mostof Some 14million Thais go onlineevery day space for free expression andexchange. comes totheking. Internet-usersfindita tical role now cededby themediawhenit means ofcommunication. Itfulfilsthecri- has becomemore andmore popularasa As inmost Asian countries, theInternet Internet :presumed guilty? straight toprison”. would benodoubtabout thepunishment: journalist criticisedtheroyal family, there wellvery andcensorthemselves. Ifa Thai sed oflesemajeste. They know therules single caseofa Thai journalistbeingaccu- speaksvolumes: “I donotrecall a Dubus, ofFrench daily this respect, thecommentof Arnaud (threats againstmediaandjournalists). In press freedom violationsduring2008 Borders recorded more thanadozen Libération in from andappointed theDemocratic Party allies ofPrimeMinister Abhisit Vajjajiva, colours: red and yellow. The yellows are Thais, now separated intotwo political onwards heightenedtensionbetween Demonstrations heldfrom August 2008 Yellow red shirts against shirts told Reporters Without Borders. it even tougher”, Supinya Klangnarong government wantstoamenditandmake Crime Act.Computer Apparently,the to besure oftheprospect ofthe and then, more thanthelesemajesteuse, group setupby himto findacompromise progress. Butwe asked for aworking is only abeginningandwe cannotclaim “The negotiation withthePrimeMinister 2009. the primeministeron14January veillance, the Thai NetizenNetwork met means tokeep Internet-usersundersur- Faced withthestrengthening ofjudicial user Suwicha Thakor. ment onanotherwebsite like Internet- Ji Ungpakorn, or even for asimplecom- personal website, like theacademicGiles their opinionsasaresult ofpostsona Internet-users canbeactedagainstfor lese majestecrimerepresses them”. So keeps onInternetusers, surveillance the enough. While theComputerCrime Act Computer Crime Act are notsevere punishment andpenaltiesprovided inthe said, “The authoritiesmightthinkthatthe Network Netizen Bangkok-based Thai Supinya Klangnarong, coordinator for the everyone must have towards him”. image” andraiseawareness ofthe “loyalty new measures to “protect theking's government hasceaselessly announced Since itcameintopower, thecurrent politicalsituation. about thecountry's lese majesteafterpronouncing aspeech 2009for fearJanuary ofbeingaccused Nakbangsai, chosetoleave in thecountry the oppositioncoalition, Suchart the crimeoflesemajeste. A memberof 4 Thailand : Censorship and emprisonment : the abuses in the name of lese majeste who isgenuinely popularinsociety, asfar The current monarch isthesolefigure ment andtakingover all power. law,ring martial dissolvingthegovern- police, repealing theConstitution, decla- forces (army, airforce andnavy) andthe Reform, madeupofthethree armed head oftheCouncilfor Democratic post inthisBuddhist kingdom, became chist andthefirstMuslimtohold Boonyaratgin, aged59, anardent monar- his exileinLondon, GeneralSonthi After thefallof and calledfor institutionalreform.particular this populistparty, loyal to Thaksin, have in thern ruralareas. The red-clad militantsof amongthenor- hassupport the party that toppledhimon19September2006, coup Thais) atthetimeofmilitary the Thai Rak (Thaisfor the Thai party mer primeminister Thaksin Shinawatra of thecontroversialFounded tosupport for- (PPP)wonParty generalelections. the dateonwhichPeople's Power the government since23December 2007, The reds have beeninthemajoritywithin tion oftheimageking. derives from inpart thiszealousprotec- abusive useofthecrimelesemajeste above allcallfor respect oftheking. The intheroyalshirts yellow colour, they that isappointed andnotelected. Wearing are pressing for examplefor aparliament by thekingon20December2008. They kingdom”. the of givesselves image anegative and publicly isunacceptable threesing sentencesof to15years inprison forexpressing them- blish theirpower citizens ortheirrepute. Investigating impo- and king, theauthorities otherpoliticalfigures many and trytoesta- the of Byusingtheimage the crime lesemajesteinThailand. of more criticism. Ourorganisation condemnstheusebeingmadeof “A monarch whogetsclose tothepeopleisnecessarily subjectto Secretary general of Reporters generalofReporters Secretary Without Borders. royal anthemwasplayed atthe cinema. monarchy for refusing tostand when the Chotisak Onsoongof insultingthe Police on22 April 2008accusedstudent The spirit thelaw of cally”. costlynot todoitcouldbevery politi- it enthusiastically becausethey know that ple for thecrimeoflesemajeste. They do tocrackdown onpeo- feel itisobligatory political journalistsaidthat “the police Why thisexcessive zealousness?One Thai king isnotabove criticism”. address, in2005, inwhichhesaid that “the only oneoccasion, duringhisannual Bhumipol Adulyadej raisedtheissueon claim itinthenameofmonarchy. today usingthecrimeoflesemajestealso legitimacy ofthekingandthosewhoare in the2006coupclaimtostandfor the express any politicalposition. The actors rarely expresses anopinionandhecan't ter in Thai politicallife”. Buttheking symbol ofthecountry. Heisalsothearbi- the life ofthecountry. Bhumipolisthe the monarchy hasalways beencentral to is theimagethatcountsin Thailand and Studies andResearch (CERI)explained: “It the Paris-basedCentre for International David Camroux, a researcher linked to majeste… rity would beseenas a crimeoflese as onecantell, for any pollonhispopula- Jean-François Julliard, 5 Thailand : Censorship and emprisonment : the abuses in the name of lese majeste months earlier. Heremployer, asubsi- during a TV programme broadcast three rence totheactofChotisakOnsoong, not acrimetostandup”, inrefe- wearing bearingthewords at-shirt “It is Kotchadej wassacked from herjobfor afterwards,Shortly tradeunionistJitra website Prachatai. withthenewsdent saidinaninterview wellbeing, they canberevoked”, thestu- right, anachronistic, oragainstpeople's unlike laws. Ifthey're notappropriate, not stand. […] Traditions are man-made, not it isnotagainstthelaw, soIchosenotto real power over us. ButIunderstandthat I willabideby thatlaw, asthelaw hasthe “If thelaw states thatthisagainstthelaw, which everyone respects. which isnotenshrinedinany law, but whatever you are doingisatacitrule, evening at8.30pm. Standingandstopping ded by thisanthem, whichringsoutevery publicactivityin Every Thailand isprece- into thecompany …atanotherbranch. Jitra Kotchadej wasdiscreetly taken back from 30July to13September2008that more than2,000workers went onstrike mining theunion'sweight. Itwasn'tuntil to prevent herfrom damagingandunder- press believed thatthecompany wanted Jitra Kotchadej toldthe Thai press. The “I never received any summons,” court tement. sands ofmilitantsdemandingherreinsta- tions by thecompany's staffandthou- 8 July. Hersackingprompted demonstra- monses from inBangkok thecourt since she wasdismissed, following two sum- Triumph, sentfor on29July totellher oftheGermanlingeriecompany diary summons”, “I never received court any Thai branchoftheGermany company Jitra Kotchadej, trade unionistatthe Triumph International 6 Thailand : Censorship and emprisonment : the abuses in the name of lese majeste 41-year-old Australian A chargeoflesemajestewasmadeagainst the monarchy”, thejudgesaid. the king, thecrown prince, Thailand and Nicolaides wrote abookthatslandered Bangkok 2009. ruledon19January “Harry years”, in thejudgeatcriminalcourt confessed, thepenaltyisreduced tothree sentenced himtosixyears, but, sincehe 112ofthepenalcode.Article The court Nicolaideswasfound guiltyunder “Harry “A baddream” “No onewasmentioned by name. The His Australian lawyer, MarkDean, said, whom hedidnotname. son for having referred toa Thai prince, than five monthsat Bangkok centralpri- Phuketinfo.com. Hehasnow spentmore column onthewebsite 2005. Duringthattime, hewrote a Nicolaides lived in Thailand from 2003to Luang inChiangRai, northern Thailand. courses attheUniversity ofMaeFah without any interference togive his from Thailand between 2006and2008 kingdom. The authormadetripstoand was therefore officially authorisedinthe ved apublicationnumber in Thailand and and despitethefactthatbookrecei- which 50copieswere publishedin2005, in 2006for hisbook “Verisimilitude”, of ©Reuters Harry Nicolaides Harry pardon. sentence before beinggrantedaroyal four monthsofhis in prisonandserved ning out. Hewassentencedtotenyears ofthekingafteradrunkenportrait eve- arrested in2007for throwing paintata A Swissnational, Oliver Jufer, 57, was same request on22January. ner. The Australian government madethe king tograntaroyal pardon tothepriso- outcome ofthetrial. They calledonthe family were “extremely distressed” by the thy andpositive inthecircumstances”. His to ensureremains thatHarry strong, heal- the family would do “everything they can Reporters Without Borders thatheand November 2008. Hisbrother told the firsthearingincaseon21 He hadpleadednotguiltytothechargeat suffering.” possibly bereal. Iregret thatmy family is “This hastobeabaddream. Itcannot Nicolaides toldthe August 2008have allbeenrefused. since hisarrest atBangkok on31 airport book's plot.” Four bailapplications made monarchy isnoteven central tothe original English. The reference tothe was basedonthe Thai translation, notthe 226-page book. Furthermore, thecharge case involved only three sentencesinthe agitator”. notan expectations.Iam and country's traditions, customs respecting of importance this king orhiskingdom.Iknow the tion toattackHisMajestythe have hurt. Itwas notmyinten- “I am sorrythatmywords“I am may BBC Harry Nicolaides Harry after theverdict: 7 Detained for a comment posted millions of his peers, he surfs the Internet online for pleasure. His arrest is a warning to all Internet users in the country. It shows just Suwicha Thakor was arrested by the how far the government is prepared to go Department of Special Investigation (DSI), to punish those who express themselves while he was at the home of friends on 14 about the king”, Reporters Without January 2009. His computer's Internet Borders said. address matched the address from which the comments about the king and his aides had been sent, the DSI said, adding that he had left Bangkok because he knew “The arrest of Suwicha Thakor he was guilty. His lawyer appealed unsuc- is a warning to all Internet cessfully against his imprisonment on 16 users in the country.” January. His application for bail was refu- sed on 26 January. Vincent Brossel, head of the Asia desk, Reporters Without Borders

The powered para-gliding enthusiast (http://www.212cafe.com/freewebboard/v iew.php?user=tvs007&id=604) is cur- rently being held in Klong Prem prison after denying lese majeste charges against him. His situation has similarities with that of Duranee Charnchoengsilpakul, better known under the pseudonym “Da Torpedo”. The pro-Thaksin militant was arrested in July 2008 after making a 30- minute speech against the PAD. He “Suwicha Thakor is neither a militant, nor remains in custody without any official a political figure nor an intellectual. Like charge being put to him. Thailand : majeste and emprisonment : the abuses in name of lese Censorship

8 Red and yellow PAD coalition that they were “elites which talk about democracy but who pro- On 22 January 2009, around 100 red- mote their system of patronage and do shirts rallied in front of the Burmese and not want to abide by the verdict of the embassies in Bangkok. The ballot box”. He also said “so the patro- demonstrators, who were led by nage system of helping people or being Jakrapob Penkair, were urging dependant [on the state] had been chan- various governments to boycott the sum- ged into the state of protection. If you mit of the Association of East Asian have loyalty to the King, unquestionable Nations (ASEAN) which was to be held in loyalty to the King, you would be protec- Hua Hin, from 17 February to 1st March ted. In order to show this protection 2009. On the following day, Jakrapob, a more clearly, people who do otherwise former minister in the government of must be punished.” Thaksin Shinawatra and one of the foun- ding members of the United Front for Democracy against Dictatorship (UDD) “I was told to stop my activi- was officially charged with lese majeste. ties to avoid being charged”

Jakrapob Penkair

The 48-year-old has devoted his entire political career to the struggle of Thaksin Shinawatra. He got himself noticed by the then prime minister in 2003, when he was rapporteur of the summit of Asia-Pacific Economic Cooperation (APEC). Thaksin Shinawatra appointed him government spokesman before the end of the year. When in 2006, the prime minister was in the process of being ousted, it was he who became head of the UDD, rallying pro-Thaksin movements to support him. In May 2008, a masters' student at the This coalition won general elections on Buddhist University of Mahamakut in 23 December 2007, bringing to power a Bangkok had accused him of wanting to prime minister close to Thaksin change the kingdom's legislative and poli- Shinawatra. tical system. He accused him of “treason” and “the crime of lese majeste” because (You can find Jakrapob Penkair's speech to of a speech he made at the foreign corres- the conference of the Foreign pondents' club in Bangkok … in August Correspondents Club of Thailand on 2007. He had said of the then opposition Reporters Without Borders' website). Thailand : majeste and emprisonment : the abuses in name of lese Censorship

9 “The foundations of a govern- the king's rule in 2006. He also made clear ment rest on its ethics” his opposition to the government of Thaksin Shinawatra, calling him a “pitiful Sulak Sivaraksa is as well known to dog” in 2006 during a demonstration Thais as he is to the police. The 75-year- organised by the PAD. old holds the record for lese majeste complaints against him, the first of which His lawyer, Somchai Homlaor, said howe- dates back to 1984. The most recent, on 7 ver that his remarks at the 2007 event November 2008, was for remarks he were “mild”. He also raised the issue of made at Khon Khaen University in why it had taken the authorities a year to December 2007 where he was guest lec- arrest him. He believed the arrest was turer. more likely linked to Sivaraksa's comment about a statement by ex prime minster Thaksin Shinawatra, who said that demonstrations in the autumn were sup- ported by the army and the palace. Sulak Sivaraksa studied at Lampeter University in Wales. On his return, in 1961, he became director of Sangkhomsaat Paritat (Social Sciences Review) and was forced to leave the country for two years after the 1976 coup.

“The five top leaders of the People's Alliance for Democracy, as well as some other key figures in the party, act with arrogance. They consi- This writer and an ardent Buddhist, is vie- der that they are at the head of wed as a “social critic”. He was arrested at the good party, while unfairly his home in Bangkok on 7 November, by repressing other political police from the Khon Khaen province movements” (450 kms north-east of the capital) where the university he teaches at is based. He Sulak Sivaraksa was questioned and then released a few hours later. He was accused of lese majeste for the Founder of the organisation first time in 1984. Further proceedings “Sathirakoses-Nagapradipa Foundation” were launched against him from 1991, which mixes Buddhist and ecological phi- after he described members of the royal losophy to campaign for a peaceful trans- family as “ordinary people” while speaking formation of society, Sulak Sivaraksa has to students at in taken up a trenchant position against the Bangkok. Following his victory before the government and institutions. The offen- courts, he was won the 1995 Right ding comments made in Khon Khaen Livelihood Award. His arrest on 8 were a criticism of the palace's expenses November 2008, was at least his tenth for the jubilee celebration of 60 years of charge for the crime of “lese majeste”. Thailand : majeste and emprisonment : the abuses in name of lese Censorship

10 An academic at risk wing publication of the book, on 11 January 2009, he launched a petition calling for its abo- When you ask Giles Ji Ungpakorn lition which attracted 1176 signatures so far. what he teaches in his political science course at the University of Chulagongkorn In “A Coup for the Rich”, he wrote that “the in Bangkok, he replies that he deals with major forces behind the 19th September “several questions, including democracy, coup were anti-democratic groups in the the monarchy in Thailand, as well as social military and civilian elite, disgruntled busi- movements”. He was charged with the ness leaders and neo-liberal intellectuals and crime of lese majeste on 20 January 2009 politicians The coup was also supported by because of the publication of his book, “A the Monarchy. What all these groups have in Coup for the Rich”, which was published common is contempt and hatred for the in 2007, shortly after the September 2006 poor. For them 'too much democracy' gives military coup. This book, which sold 1,000 'too much' power to the poor electorate copies can also be downloaded from his and encourages governments to 'over- blog (htpp://wdpress.blog.co.uk). The out- spend' on welfare. For them, Thailand is divi- come of his case is not yet known. ded between the 'enlightened middle- classes who understand democracy' and the 'ignorant rural and urban poor'”.

Giles Ji Ungpakorn was born and raised in Thailand. He went to the at the university. His father, Dr Puey Ungpakorn, was an economist who opposed Thailand's successive military regimes from the 1950s onwards. At a time when he was president of the University of Thammasat in Bangkok, the authorities forced him to leave the country following the 1976 military coup.

“The army generals and the Democrat party want an exam- ple. They want to stop criticism of their lack of democratic legi- Shortly after publication, the book was only timacy. I am prepared to fight withdrawn from sale in the university library, any lese majeste charges in which gave it to the Police. However, it was order to defend academic free- available in other academic librairies. The accu- dom, the freedom of expression sation came from the institution itself, which and democracy in Thailand. ” denounced the author to the police, objecting Giles Ji Ungpakorn to eight paragraphs pointing a finger at the role of the monarchy in the 2006 military coup that toppled Prime Minister, Thaksin Shinawatra. Political science professor at the Ji Ungpakorn has called himself a “socialist” for University of Chulalongkorn in Bangkok more than 30 years. He started the “Turn Left” since 1996, Giles Ji Ungpakorn has publi- movement that opposes PAD, calls for the shed books in English and Thai such as abolition of the crime of lese majeste and the “Social Movements in Thailand (in Thai) establishment of welfare state in Thailand. and “Debates around political questions in After he was summoned by the police follo- South-East Asia”. Thailand : majeste and emprisonment : the abuses in name of lese Censorship

11 Thailand : Censorship and emprisonment : the abuses in the name of lese majeste the capital's airports. He wrote: “The Democracy (PAD), whowere occupying the militantsinPeople's Alliance for possibility thattheroyal palacesupported In thisarticle, thejournalistaddressed the “How didthe Thai protestors manageit?”. published on3December2008headlined lese majeste. Hecomplainedofanarticle the third timeinayear for thecrimeof Jonathan Headon23December2008for This colonellaidacomplaintagainst Mungkandee... whospeaksnoEnglish. Lieutenant-Colonel Wattanasak prime minister, Thaksin Shinawatra, the oneofopponentsformer has beenhoundedthrough by thecourts and hascovered Thailand since2006. He pondent inSouth-East Asia for 13years Jonathan Head Jonathan no English figure military Thai whospeaks British victimtoa journalistfalls ned inwhatwe say.” respect berestrai- and thelaw the monarchy, but we must trating todiscuss notbeing able “As ajournalist, it'svery frus- has been Jonathan Head BBC corres- about themonarchy onthe Mungkandee were linked tohisarticles Jonathan Headby Lieut-Col. Wattanasak The two complaintsmadeagainst ween thetwo sidesisalmostimpossible.” believed tobeatstake, compromise bet- the existingsocialorder. With somuch Thailand intoarepublic andoverthrow the pro-Thaksin campintendstoturn PAD anditsmiddle-class followers believe rob themoftheirelectoralmandate. The there isapalace-army-elite conspiracyto government anditsruralfollowers believe against Jonathan Headare completely judicial process, theallegations made Williams, said “While we respect the Thai World news editorofthe tal-crown-report-from-fcct.html. thailand.blogspot.com/2007/12/coup-capi- speech isavailable online: http://reallife- monarchy are deeply linked.” ofthis A part for ever…democracy, andthe themilitary the Kingisnow 80, hewillnotbearound restrained inwhatwe say […]HisMajesty chy, butwe must respect thelaw andbe ting notbeingabletodiscussthemonar- had said: “As ajournalist, frustra- it'svery said thatthemoderator, Jonathan Head, One personwhoattendedtheconference launched adebatebetween four speakers. Crown” presented two publicationsand The conference, “Coup, Capital and Thailand (FCCT), on13December2007. the Foreign Correspondents' Clubof spoke duringaconference heorganisedat on8 started April, afterthejournalist investigation thatfollowed onealready lined Jonathan Head. Police openedan also cited, someofwhichwere notby- media's website. A scorewere ofarticles monarchy” were postedonthe British majeste”, afterphotos “insulting the Jonathan Headofthe “crime oflese- Wattanasak Mungkandeeaccused in thethree cases. investigations andproceedings have got to The journalistdoesnotknow where BBC BBC website. , Jon 12 unfounded. We understand that the police Mungkandee. The former journalist and in Thailand are required to investigate all member of the FCCT in Bangkok, is also complaints of lese majeste and will suspected by some people of secretly fil- cooperate with that investigation. We ming meetings at the club for use against look forward to it clearing Jonathan in Jonathan Head as well as against Jakrabop due course”. Penkair (see p. 10).

A source close to the case, said the com- Read “How did the Thai protestors plaint had been made maliciously on the manage it?”: part of a former British journalist who http://news.bbc.co.uk/2/hi/asia-paci- works closely with Lieut-Col. Wattanasak fic/7762806.stm Thailand : majeste and emprisonment : the abuses in name of lese Censorship

13 Open letter to King Bhumibol Adulyadej of Thailand

“Your Majesty,

Reporters Without Borders, an international organisation that defends press freedom, would like to draw your attention and your goodwill to the damage being done to free- dom of expression in your kingdom.

The use made of the crime of lese majeste in your name, apart from seriously harming the image of your kingdom, constitutes a violation of freedom of expression enjoyed by your subjects. All the police investigations for “the crime of lese majeste” that we have learned about, have been opened since the establishment of the new government, often for remarks made more than a year ago. This zeal disturbs us in terms of the fate of those people, who have only expressed their point of view. The ease with which accusations can be made against Thai citizens and foreigners living in the kingdom is dis- concerting and police and judicial opacity that surrounds them makes them ambiguous.

Reporters Without Borders would also like to draw your attention to the threat to free expression and development of the Internet in the country posed by the actions of the information and communications ministry. In order to better monitor Thai Internet users, the information ministry has no hesitation in strengthening Intenet fil- tering but without explaining the reasons for the step. While in a kingdom that is so concerned for the wellbeing of its subjects, it is hard to understand that a citizen can face proceedings solely for posting a comment on a website, even if it does refer to the royal family. Did not Your Majesty Himself say in 2005 that his Excellency was not “above all criticism”?

We respectfully ask you, Your Majesty, to use your power and your authority so that charges are dropped against Jonathan Head, Giles Ji Ungapkorn, Sulak Sivaraksa, Jakrapob Penkair, Suwicha Thakor, Chotisak Oonsong and Jitra Kotchadej. We also res- pectfully ask you to grant a royal pardon to Harry Nicolaides.

We are entirely at your disposal, Your Majesty, to provide you will any further informa- tion and with proposals for reform for a lasting guarantee for free expression in Thailand.

Yours respectfully,

Jean-François Julliard Secretary General Thailand : majeste and emprisonment : the abuses in name of lese Censorship

14 Further information

- The website Thai Netizen Network (mainly in Tha), posts news and information about the state of the Internet in the country. This Thai organisation, founded in 2008, was behind an initiative to open dialogue with the prime minister about individual free- doms in the country. It also wants to set up a collective of lawyers who could defend Internet users facing proceedings. http:// www.thainetizen.org

- News website Prachatai (in Thai and English), posts news and information about social movements in Thailand. It is a news site that provides good analyses of the situa- tion within the country. Its journalists have also posted an interview with student Chotisak Oonsong (http://www.prachatai.com/english/news.php?id=607). It has been censored several times within the country. http://www.prachatai.com

- The website defending Internet freedom, Freedom against (FACT), is a mine of information on censorship in the kingdom. It covers all Internet filtering issues, from the problems of pornography to recent crimes of lese majeste. Run by Australian CJ Hinke, it posts information in English. http://www.facthai.wordpress.com

- The blog New Mandala belongs to Nicholas Farelly, head of Asiatic studies at the Australian National University. http://www.rspas.anu.edu.au

- The blog by Jotman (in English), is recognised as one of the region's most interes- ting sources. Based on the border between Thailand and Burma, Jotman is a source of information that brings a different point of view on both countries. He is also a laureate of the 2007 Reporters Without Borders' Special Prize at the international Best of the Blogs (the BOBs) competition organised by Deutsche Welle. http://jotman.blogspot.com/

- The website Thai political prisoners monitors the case of victims of abuse of power. The cases presented in this report, can also be found there: http://thaipoliticalprisoners.wordpress.com/ Thailand : majeste and emprisonment : the abuses in name of lese Censorship

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