Thaksin Supporter " Da Torpedo " Convicted Of Lese Majeste

[vail07]

Thai court jails Thaksin supporter for royal insult

Reuters - Fri Aug 28, 2009 12:56am EDT

BANGKOK (Reuters) - A Thai court on Friday sentenced a political campaigner to 18 years in prison for insulting the monarchy, the latest in a slew of lese-majeste cases critics say are stifling dissent and freedom of speech.

The Bangkok Criminal Court handed the harsh sentence to Darunee Charnchoengsilpakul, a "red shirt" supporter of ousted former premier Thaksin Shinawatra. She was convicted of three counts of royal insults, each with a six-year sentence.

"The court finds she intended to insult and make threats to the king and the queen," one of the three judges said, reading the verdict.

Darunee, 46, also known as "Da Torpedo," was arrested in July last year after delivering an exceptionally strong speech about the 2006 coup that ousted Thaksin.

"It is what I expect to happen," she told reporters after the verdict. "I will appeal."

Lese-majeste, or insulting the monarchy, is a very serious offence in Thailand, where many people regard 81-year-old King Bhumibol Adulyadej as semi-divine and above politics.

The trial, which began in June, had been held behind closed doors "for reasons of national security," which rights group Amnesty International said could jeopardize her chances of receiving a fair hearing.

Prior to her first hearing, Darunee said her speech was aimed at the generals who ousted former telecommunications tycoon Thaksin, who lives in self-imposed exile after his conviction on conflict of interest charges.

She told Reuters she had made no attempt to topple the monarchy and that she supported "a sustainable monarchy like in the United Kingdom and Japan."

Critics of the lese-majeste law say it is open to abuse since a complaint can be filed by anybody against anybody, no matter how minor the alleged disrespect.

The law has been a regular feature of the charged political atmosphere in Thailand in the past three years. The generals who overthrew Thaksin cited his alleged disrespect for the monarchy among other reasons.

Prime Minister Abhisit Vejjajiva has said he wants to strike a balance between upholding the law and freedom of expression, but critics say little has changed.

Edited August 28, 2009 by vail07

[vail07]

Da Torpedo sentenced to 18 years in jail for lese majeste

By The Nation

The Criminal Court on Friday found activist Daranee Chancheonsilapakul, aka Da Torpedo, guilty of lese majeste and sentenced her to a combined jail term of 18 years.

Daranee, 46, made a series of inflammatory speeches at the red-shirt rallies, notably the demonstration last June at Sanam Luang. Her remarks were against the 2006 coup but laced with offensive references to the monarchy.

The court said in its verdict that Daranee had maliciously offended the monarchy as per Article 112 of the Criminal Code.

She was penalised for three counts of lese majeste, each carrying the punishment for six year imprisonment.

The court found no cause for leniency because the defendant showed no remorse.

About 30 supporters showed up at the verdict session but none dressed in red.

Edited August 28, 2009 by vail07

[mc2]

18 years ???

<deleted>

[vail07]

Breakingnews » Breakingnews

18 years in jail for 'Da Torpedo'

Writer: BangkokPost.com

Published: 28/08/2009 at 12:19 PM

The Criminal Court on Monday morninng sentenced Daranee Chanchoengsilpakul, alias Da Torpedo, to 18 years imprisonment for lese majeste.

The court ruled that Ms Daranee, a United Front for Democracy against Dictatorship member, made several remarks deemed to be lese majeste in a speech on the stage at a UDD rally at Sanam Luang on June 7 last year.

The court sentenced her to 18 years in jail without suspension.

More article,

Edited August 28, 2009 by vail07

[Thai at Heart]

Her trial on lese majeste charges was closed for reasons of national security.

http://www.reuters.com/article/worldNews/i...E57R0MT20090828

Just adding some more oil onto the slippery slope I fear and has to add to the tension already surrounding Sunday's event.

[cdnvic]

Please tread carefully when posting on subjects that involve the Monarchy. Making posts which comment politically in any way on The Royal Family is forbidden by both the forum rules and the laws of Thailand. You will be held accountable for whatever content you link to, and this is one subject where we don't give the benefit of the doubt.

[vail07]

Links deleted. All words posted are those of the reporting news sources.

[Briggsy]

Sakdina

[sunholidaysun1]

I think she will be given a royal pardon at sometime, however giving someone a pardon is making a mockery of the law unless an injustice has been done.

If pardons are handed out nilly-willy then there will be further disregard because they know they will get out of jail after spending only a short time there.

Personally unless an injustice has been done , all of those who break the law should be kept under lock and key if the punishment is serious enough to warrent it .

[somluck]

I think she will be given a royal pardon at sometime, however giving someone a pardon is making a mockery of the law unless an injustice has been done.

If pardons are handed out nilly-willy then there will be further disregard because they know they will get out of jail after spending only a short time there.

Personally unless an injustice has been done , all of those who break the law should be kept under lock and key if the punishment is serious enough to warrent it .

lest majeste cases are usually followed by pardons

[TAWP]

A pardon is only handed out on admission of guilt. Not after someone is pleading innocence and then appeals the verdict.

[Plus]

She must request the pardon first.

That dude who posted offensive cartoons and got some ten years in jail doesn't want to request one, so none is given.

Australian writer asked for pardon, Swiss graffiti "artist" asked for pardon (or was his German, don't mention the war).

I think the idea is to truly repent, not just issue "I never meant to say that" statement.

[TAWP]

She must request the pardon first.

That dude who posted offensive cartoons and got some ten years in jail doesn't want to request one, so none is given.

Australian writer asked for pardon, Swiss graffiti "artist" asked for pardon (or was his German, don't mention the war).

I think the idea is to truly repent, not just issue "I never meant to say that" statement.

Indeed, the Swiss not only confessed but also wrote a personal letter of apology to HRM and never ever tried to veasel out of it.

HRM recognized that the Swiss wasn't angry at him, it was just a stupid act against a symbol of the nation after having a very difficult period of his life (marriage falling apart and more iirc), and his anger towards the group or nation, not HRM himself. But after sobering up he fessed up and took responsibility for his actions.

[sunholidaysun1]

AS we all know the Lese Majeste law is there to protect .

In the UK the royal family from time to time have had to take action against what has been said . If we had this law , other than the more serious law of Treason, then the UK Royal family wouldnt have to take such actions against those who libel them, the law would protect them as the law does in Thailand. I am all for it , and against those who slander .

[MyphuketLife]

wow, thats allot of jail time for only speaking words...

[h90]

In Austria a couple of people are in jail for having a not allowed opinion about the second worldwar....

I knew what that woman told and you would be also in europe in troubles if you tell these things just about your neighbor (but of course not 18 year jail, but for sure a larger payment)

[h90]

wow, thats allot of jail time for only speaking words...

But HMK will pardon everyone, please refer to his last birthday speech.

[PeaceBlondie]

Posts against the royal family, posts about moderation, and posts that quote such will continue disappearing. Forum rules.

[Plus]

I don't see why the royal instution can't have a special anti-defamation law that covers every other Thai. One thing Abhisit mentioned - the King can't sue his own subjects, so the usual defamation laws wouldn't work.

There was a story of a woman who sued some guy for posting offensive messages about her on the Net. Every Thai has the right to protect themselves, why not Royals?

[Splatter]

I think someone needs to update the Wikipedia entry on lese majesty and its section on Thailand.

It seems their quote of 15 years maximum sentence under Article 112 is wrong.

Does anyone know what it now stands at?

----------------------------

Source: http://en.wikipedia.org/wiki/L%C3%A8se_majest%C3%A9

Thailand

Thailand's Criminal Code has carried a prohibition against lèse majesté since 1908[2].

In 1932, when Thailand's monarchy ceased to be absolute and a constitution was adopted, it too included language prohibiting lèse majesté. The 2007 Constitution of Thailand, and all 17 versions since 1932, contain the clause, "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."

Thai Criminal Code elaborates in Article 112: "Whoever defames, insults or threatens the King, Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to 15 years."

Missing from the Code, however, is a definition of what actions constitute "defamation" or "insult".[3]

It is important to note that neither the King nor any member of the Royal Family has ever personally filed any charges under this law. In fact, during his birthday speech in 2005, King Bhumibol Adulyadej encouraged criticism: "Actually, I must also be criticized. I am not afraid if the criticism concerns what I do wrong, because then I know." He later added, "But the King can do wrong."

[daoyai]

....isn't discussing the acts of moderators against the rules? AND I believe that criticizing judicial rulings is also againt the law of the land!!! btw, I am totally apposed to all forms of cencurship.

[andyc2006]

AS we all know the Lese Majeste law is there to protect .

In the UK the royal family from time to time have had to take action against what has been said . If we had this law , other than the more serious law of Treason, then the UK Royal family wouldnt have to take such actions against those who libel them, the law would protect them as the law does in Thailand. I am all for it , and against those who slander .

Saying a person needs to be protected from words is tantamount to calling the person weak, since strong people don't need protection from words.

In essence, you've just committed lese majeste.

I hope you stand by your convictions and file a complaint against yourself.

----------------------------

Source: http://en.wikipedia.org/wiki/L%C3%A8se_majest%C3%A9

It is important to note that neither the King nor any member of the Royal Family has ever personally filed any charges under this law. In fact, during his birthday speech in 2005, King Bhumibol Adulyadej encouraged criticism: "Actually, I must also be criticized. I am not afraid if the criticism concerns what I do wrong, because then I know." He later added, "But the King can do wrong."

Yes sunholidaysun1, it does appear that your opinion is in direct conflict with that of somebody who matters more on issues of this concern.

I think someone needs to update the Wikipedia entry on lese majesty and its section on Thailand.

It seems their quote of 15 years maximum sentence under Article 112 is wrong.

Does anyone know what it now stands at?

It might be per offense... not sure.

Edited August 28, 2009 by ajc1970

[Wuffy]

My issue with the laws is the ease at which they are applied to people.

I have no problems with what they proctect.

The issue with these laws as with most laws is the people who wield them like a personal weapon and use them to aattack their opposition or detractors instead of dealing with them properly.

[h90]

I think someone needs to update the Wikipedia entry on lese majesty and its section on Thailand.

It seems their quote of 15 years maximum sentence under Article 112 is wrong.

Does anyone know what it now stands at?

----------------------------

Source: http://en.wikipedia.org/wiki/L%C3%A8se_majest%C3%A9

Thailand

Thailand's Criminal Code has carried a prohibition against lèse majesté since 1908[2].

In 1932, when Thailand's monarchy ceased to be absolute and a constitution was adopted, it too included language prohibiting lèse majesté. The 2007 Constitution of Thailand, and all 17 versions since 1932, contain the clause, "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."

Thai Criminal Code elaborates in Article 112: "Whoever defames, insults or threatens the King, Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to 15 years."

Missing from the Code, however, is a definition of what actions constitute "defamation" or "insult".[3]

It is important to note that neither the King nor any member of the Royal Family has ever personally filed any charges under this law. In fact, during his birthday speech in 2005, King Bhumibol Adulyadej encouraged criticism: "Actually, I must also be criticized. I am not afraid if the criticism concerns what I do wrong, because then I know." He later added, "But the King can do wrong."

why, she got 6 years in 3 different cases.

[Splatter]

I think someone needs to update the Wikipedia entry on lese majesty and its section on Thailand.

It seems their quote of 15 years maximum sentence under Article 112 is wrong.

Does anyone know what it now stands at?

----------------------------

Source: http://en.wikipedia.org/wiki/L%C3%A8se_majest%C3%A9

Thailand

Thailand's Criminal Code has carried a prohibition against lèse majesté since 1908[2].

In 1932, when Thailand's monarchy ceased to be absolute and a constitution was adopted, it too included language prohibiting lèse majesté. The 2007 Constitution of Thailand, and all 17 versions since 1932, contain the clause, "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."

Thai Criminal Code elaborates in Article 112: "Whoever defames, insults or threatens the King, Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to 15 years."

Missing from the Code, however, is a definition of what actions constitute "defamation" or "insult".[3]

It is important to note that neither the King nor any member of the Royal Family has ever personally filed any charges under this law. In fact, during his birthday speech in 2005, King Bhumibol Adulyadej encouraged criticism: "Actually, I must also be criticized. I am not afraid if the criticism concerns what I do wrong, because then I know." He later added, "But the King can do wrong."

why, she got 6 years in 3 different cases.

Thank you for the update.

I did not realise that there were 3 separate cases.

Because the details of lese majesty cases are rarely published or discussed, and that the session was held behind closed doors, I didn't know this.

Thanks again for the update.

[Splatter]

I think someone needs to update the Wikipedia entry on lese majesty and its section on Thailand.

It seems their quote of 15 years maximum sentence under Article 112 is wrong.

Does anyone know what it now stands at?

----------------------------

Source: http://en.wikipedia.org/wiki/L%C3%A8se_majest%C3%A9

Thailand

Thailand's Criminal Code has carried a prohibition against lèse majesté since 1908[2].

In 1932, when Thailand's monarchy ceased to be absolute and a constitution was adopted, it too included language prohibiting lèse majesté. The 2007 Constitution of Thailand, and all 17 versions since 1932, contain the clause, "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."

Thai Criminal Code elaborates in Article 112: "Whoever defames, insults or threatens the King, Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to 15 years."

Missing from the Code, however, is a definition of what actions constitute "defamation" or "insult".[3]

It is important to note that neither the King nor any member of the Royal Family has ever personally filed any charges under this law. In fact, during his birthday speech in 2005, King Bhumibol Adulyadej encouraged criticism: "Actually, I must also be criticized. I am not afraid if the criticism concerns what I do wrong, because then I know." He later added, "But the King can do wrong."

why, she got 6 years in 3 different cases.

Thank you for the update.

I did not realise that there were 3 separate cases.

Because the details of lese majesty cases are rarely published or discussed, and that the session was held behind closed doors, I didn't know this.

Thanks again for the update.

Having said that. I am a silly muppet... because it says three counts in the article quoted at the beginnning.

[crocodilexp]

18 years for speech in a closed trial!? For a woman, no less (courts are usually more lenient to females, justly or not). Even Stalin and his henchmen were usually softer on thought crimes.

The bravery of these people in not pleading guilty and not seeking pardon is remarkable. It eventually leads to such repressive laws will being challenged and repealed... or not -- mai bpen rai, this is Thailand, nothing to see, move along.

Sentence is outrageous, and it doesn't really matter what they said, even if they used the foulest language with direct malicious intent (which I doubt, but we'll never know due to secret proceedings). Burma and North Korea are surely in good company now.

[john b good]

som num naa

should have been 28 (or 38) years.

[Pui]

AS we all know the Lese Majeste law is there to protect .

In the UK the royal family from time to time have had to take action against what has been said . If we had this law , other than the more serious law of Treason, then the UK Royal family wouldnt have to take such actions against those who libel them, the law would protect them as the law does in Thailand. I am all for it , and against those who slander .

Yes i agree. if we had similar laws in the UK the tabloids wouldn't be able to write the trash they do about our Royal Family. The disgusting stuff they wrote about our queen after Diana had left the Royal Family 2 years previously and shacked-up with some Muslim chap. What was she doing at a Casino at that hour is anyone's business but certainly not the Queen of England. They complained in every way imaginable that Queen Elizabeth II a lady in her senior years didn't fly down from Scotland immediately.

Lese Majeste Law is good 18yrs is obviously outrageous and this law has been abused for political reasons. In a democracy there does need to freedom of speech its just striking a balance.

[Plus]

thought crimes

She wasn't just thinking, she was rallying thousands of people from a stage. She got six years, less than half maximum punishement. Unfortunately it was three times on three different occasions.