Thai editorial: The folly of hunting lese majeste fugitives abroad

[webfact]

EDITORIAL
The folly of hunting lese majeste fugitives abroad
The Nation

Wielding the law for political purpose has already damaged the country's record on human rights

BANGKOK: -- The military government is busy squandering what is left of its international credibility by hunting lese majeste suspects who have fled overseas. The move can do nothing to improve Thailand's reputation, only further tarnish its record on human rights.

Last week Justice Minister General Paiboon Khumchaya caused further embarrassment to the country when he handed a list of three Thai nationals accused of demeaning the monarchy to the French ambassador.

The minister did not seek extradition of the three suspects, whose names have not been made public, but instead merely implied that Thailand wanted them prosecuted.

The justice and foreign ministers are working together on the matter, but both know very well that France and other countries thought to be harbouring lese majeste suspects have no such royalist Lawson their books. So they are reduced to communicating to foreign diplomats their "desire" that these fugitives be deported and hoping that friendly relations will persuade the countries in question to comply.

It is unfortunate for this government that most other nations around the world have no laws protecting monarchy. Those that do have them rarely enforce them, or at least the punishment is lenient. Unlike in Thailand, criticising and even insulting the monarchy is not regarded as a serious crime across most of the world, and it certainly does not warrant pleas for extradition of citizens who have fled overseas.

More importantly, governments all over the world - including those in countries that retain monarchical rule - have long recognised that the lese majeste law in Thailand is routinely enforced for political purposes rather than to protect the revered King. The charge is applied here mostly to people who criticise the elitist establishment.

Better known as Article 112 of the Penal Code, the law provides legal protection only to Their Majesties the King and Queen, the heir apparent and, as needed, the regent.

Article 112 simply says "Whoever, defames, insults or threatens the King, the Queen, the Heir-apparent or the Regent shall be punished with imprisonment of three to 15 years."

Other members of the Thai royal family are not covered by the law, and neither were the kings of Ayutthaya, Sukhothai, Lanna or Lan Xang.

The international community has come to recognise that the Thai military government is enforcing Article 112 as a means of silencing its opponents.

More citizens have been imprisoned for lese majeste under the current government than under any other administration in modern history, according to a survey by rights-protection group iLaw.

As of the start of this month, at least 51 people had been charged with lese majeste since last year's coup, iLaw found.

In many cases, the charge was applied for acts or statements that made no direct mention of the monarchy, but which officials loosely interpreted as defaming or libelling the royal institution. Two students who presented a play entitled "The Wolf Bride" at Thammasat University in 2013 were arrested last year and jailed for two years and six months under Article 112. A person who helped present the play has fled abroad to escape punishment. It seems that person's name is also on a wanted list that the junta has submitted to a foreign government.

Wielding the law for political purpose has already damaged the country's record on human rights. Hunting these fugitives abroad takes us to a new low.

Source: http://www.nationmultimedia.com/opinion/Hunting-lese-majeste-fugitives-abroad-30264841.html


-- The Nation 2015-07-21

[arthurboy]

At last, some sense on this issue. And about time, too.

[ChrisY1]

It would appear that the ruling junta doesn't give one fig as to what the rest of the world thinks of Thai human rights and the constant arresting, issueing of warrants and imprisonment of so called LM defendents. It's a persistant witch hunt for opponents, and sad to hear the international community' constant condemnation Thailand.

This really goes against any claims this junta makes, of bringing peace and democracy back to the nation.

[Bluespunk]

"So they are reduced to communicating to foreign diplomats their "desire" that these fugitives be deported and hoping that friendly relations will persuade the countries in question to comply."

They won't.

[dageurreotype]

Other members of the Thai royal family are not covered by the law, and neither were the kings of Ayutthaya, Sukhothai, Lanna or Lan Xang.

[MZurf]

And the sad thing is that the cheerleaders all are OK with this because of the Bogeyman in Dubai

Edited July 21, 2015 by MZurf

[Down the rabbit hole]

I suspect "Justice Minister General Paiboon Khumchaya" was a tad concerned at rumours of a reshuffle and ws keen to see his name in print. Thus he didn't mind making a fool of himself in front of a foerign diplomat. Again.

Edited July 21, 2015 by Down the rabbit hole

[Down the rabbit hole]

"Article 112 simply says "Whoever, defames, insults or threatens the King, the Queen, the Heir-apparent or the Regent shall be punished with imprisonment of three to 15 years."

And it doesn't say anything about offending them, nor "offending the Thai people", nor "breaking the hearts of all Thais"; these are the common 'interpretations' of the law by Thai judges. Not that most Thai judges have even a nodding acquaintancve with the law. they're not lawyers, they're just civil servants - patronage and bribery probably both rear their ugly heads.

Brings the word 'under-qualified' to an enirely new level.

[oneday]

It's a real shame to see what is happening here.

[z42]

The law is clearly abused. The penalties for those guilty are horribly inappropriate. I feel sympathy for those who have suffered such harsh penalties

[Toscano]

There is absolutely no point in hunting Lese Majeste offenders abroad . Extradition only applies where the crime is also a crime in the country they are in . Lese Majeste is only a crime in Thailand , so no other country would extradite the Thai offender for Lese Majeste .

[Just1Voice]

WHEN is Thailand going to have a leader intelligent enough, and brave enough, to either do away with this stupid law, or SEVERELY restrict it's use?

What would be nice is if every person charged with this was brought before the Royal family and then ask the Family if the statements, "harmed, embarrassed, or defamed them". If they said "no", the person should be immediately freed, while the one who brought the charge should be arrested and imprisoned for making a false accusation.

But, of course, something that logical would never occur in LOS. (Land of Stupidity)

[cooked]

His majesty himself has made comments about the situation. he doesn't like it.

[Time Traveller]

Wow, For once the Nation with an article that doesn't blame America for thailands problems !

[FangFerang]

I'm sure the old lady who sheds a tear on camera every time during Auld Lang Syne (Prayuth wrote that, by the way, in a previous incarnation) and which plays before the very popular show "Thailand Moves Forward!" -- I m sure she really loves this story about doing nothing and then making a credit of it.

Well done! Another step in the right direction.

[Thai at Heart]

My question is who comes up with the idea to pursue these people when they know there is zero chance of it working? Isn't that a definition of insanity?

[Just1Voice]

My question is who comes up with the idea to pursue these people when they know there is zero chance of it working? Isn't that a definition of insanity?

No, it's the definition of "Thainess". Oh....wait...same thing. Sorry.

[AlQaholic]

So the rift widens.......Nation being the voice of one faction.......

Edited July 21, 2015 by AlQaholic

[wabothai]

My question is who comes up with the idea to pursue these people when they know there is zero chance of it working? Isn't that a definition of insanity?

Thai thinking my friend. has to do with our interpretation of thainess which we will never understand, therefore your question.

[wabothai]

Good article, I hope the writer isn't going to be called in for an "adjustment".

[Srikcir]

The irony of the Thai lèse-majesté laws is that they were created by the Junta after overthrow of the king in 1933.

So it would seem the laws serve a dual role in the protection of the military from criticism and protest.

[ddavidovsky]

Should be the futility of hunting them abroad - and the folly of hunting them at home.

[bamnutsak]

"Article 112 simply says "Whoever, defames, insults or threatens the King, the Queen, the Heir-apparent or the Regent shall be punished with imprisonment of three to 15 years."

Some filed cases seek to extend those covered to some/any/all past royalty...

Lese Majeste Filed Against Historian For Questioning Ancient 'Elephant Battle'

Thai historian Sulak Sivaraksa at an academic seminar at Thammasat University on 9 October taken from his Facebook page.

BANGKOK — A group of ultra-royalists have accused a prominent Thai historian of defaming the monarchy by raising doubts about a historic elephant battle between an ancient Thai King and a Burmese general 400 years ago.

The royalists filed a lese majeste (insult of monarchy) complaint against the author, Sulak Sivaraksa, at Chanasongkram Police Station in Bangkok today, according a report on Chao Praya news site.

http://www.khaosodenglish.com/detail.php?newsid=1413549393

[Thai at Heart]

The irony of the Thai lèse-majesté laws is that they were created by the Junta after overthrow of the king in 1933.

So it would seem the laws serve a dual role in the protection of the military from criticism and protest.

This don't do irony. Lese majeste. Boing, hahaha.

[melvinmelvin]

I am not impressed by that article in the Nation.

And I don't find it strange at all that Thai authorities request suspected LM law offenders to be returned so that they can stand trial.

In fact I would be more worried if they did not issue these requests.

Thailand has her LM laws. One may argue that they should be done away with or significantly changed.

But as of today Thailand has what she has and its the duty of the law enforcement authorities to see to that they are adhered to.

The LM laws are taken fairly seriously by the authorities, its a serious crime to break 'em.

I find it just natural that they routinely issue requests for suspected offenders to be returned in order to stand trial.

Not doing that would be negligence of duty.

I wouldn't think they expect the requests to be honored, but they issue them as a matter of routine duty.

(several ministries of foreign affairs around the world issue routine requests they don't expect to be honored (different contexts though))

Edited July 21, 2015 by melvinmelvin

[Thai at Heart]

Someone should countersue that using this law like this is opening the monarchy up to international ridicule.

[EnglishJohn]

I think a lot of people here don't quite understand the bigger picture here and why Les Majeste is being enforced so rigidly.

Is it a coincidence that most of the offenders are red-shirts ?.

The King is the one person who enjoys the confidence and the support of the majority of Thai people. It's common knowledge amongst Thais that certain people have long seen that as an obstacle to complete power.

I agree completely that it is a draconian and outdated way of stopping efforts to solve that problem, but Thais are famous for deciding on ways of doing things which are ludicrous to the outside world.

The communists want rid of the rich 'elite'. They make no secret about that. Someone needs to tell them that communism doesn't work. As Maggie Thatcher said about it : "You soon run out of other peoples money".

[FBlue72]

I'll ignore your advice, but communists? C'mon. I think a lot of your assumptions above are false but I am subject to imprisonment if I expand on it.

[Tonawatchee]

It very well could be lower level elites being the cry babies here. The generals are just standard knuckleheads.

[Linky]

I think a lot of people here don't quite understand the bigger picture here and why Les Majeste is being enforced so rigidly.

Is it a coincidence that most of the offenders are red-shirts ?.

The King is the one person who enjoys the confidence and the support of the majority of Thai people. It's common knowledge amongst Thais that certain people have long seen that as an obstacle to complete power.

I agree completely that it is a draconian and outdated way of stopping efforts to solve that problem, but Thais are famous for deciding on ways of doing things which are ludicrous to the outside world.

The communists want rid of the rich 'elite'. They make no secret about that. Someone needs to tell them that communism doesn't work. As Maggie Thatcher said about it : "You soon run out of other peoples money".

I would think it best for Thai people to decide what style of govt they want. But they are not allowed.