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- 53-year-old man jailed for royal defamation over FB posts53-year-old man jailed for royal defamation over FB postseng editor 3
A 53-year-old man has been sentenced to 2 years and 8 months in prison for royal defamation over his Facebook posts questioning the monarchy’s tax spending.
Meechai (last name withheld) was prosecuted under the royal defamation law and the Computer Crime Act for two 2020 FB posts questioning the monarchy’s tax spending, according to Thai Lawyers for Human Rights (TLHR).
In one post, he questioned the need for state budgeting of the royal institution and in another, he wondered whether the money was well spent. The complaint was reported to the Bang Kaew Police Station in Samutprakan, causing Meechai to commute from another province to report himself. He was indicted in June 2021, the prosecutor stating that his FB posts potentially violated the royal defamation law.
Meechai admitted posting the messages but said that he intended to raise questions and discuss how the monarchy budget should be reduced for the benefit of the whole society. He insisted that it was sincere criticism, not defamation.
In 2022, he was found guilty as charged and sentenced to 4 years in prison. Due to his helpful testimony, his sentence was reduced to 2 years and 8 months. He was bailed pending appeal.
When the Appeals Court ruled to uphold the initial verdict, Meechai decided to appeal to the Supreme Court. The judges did not allow the case to be appealed. He, therefore, was sentenced to 2 years and 8 months. On the same day, he was taken to the Samutprakan Central Prison.
According to Section 218 in the Criminal Procedure Code, in cases where the Appeals Court has upheld a verdict of the lower Court or modified it only slightly, and sentenced the accused to 5 years or less in prison, the accused has no right to appeal to the Supreme Court.
TLHR reported that Meechai resides in Chanthaburi Province. He is the breadwinner for his family, which includes his daughter, a university student, and his 83-year-old mother. Before he was taken to the court, he expressed his concern for his family.
Meechai’s punishment brings the total number of political detainees to at least 45 people, with 28 facing charges of royal defamation.
26 July 26 202411042 at http://prachataienglish.com - Government urged to boycott Myanmar military’s oil and gas enterprises amid weapons trade scandalGovernment urged to boycott Myanmar military’s oil and gas enterprises amid weapons trade scandaleng editor 3
Thai civil society organisations have urged the government to boycott Myanmar military’s oil and gas enterprises in light of the weapons trade scandal.
Nitchakarn Rakwongrit from the Milk Tea Alliance Thailand and Thai People’s Network for Myanmarese People submitted a letter to the Committee on National Security, Border Affairs, National Strategy, and National Reform on Thursday (25 July), urging them to consider boycotting the Myanmar Economic Bank (MEB) and Myanmar Oil and Gas Enterprise (MOGE) as suggested by civil and international organisations, according to The Reporters.
The network’s representative stated that the international community successfully implemented measures to limit financial transactions with the MEB and MOGE, whose money is used to purchase weapons. At the same time, the Singaporean government cut ties with the Myanmar military. However, the Myanmar military is able to continue purchasing weapons through loopholes in countries that have yet to prohibit this type of transaction, one of which is Thailand.
Following the UN report ‘Banking on the Death Trade: How Banks and Governments Enable the Military Junta in Myanmar’, 5 Thai banks - Siam Commercial Bank, Bangkok Bank, KBank, TMB Thanachart Bank, and Krung Thai Bank – are reported to have inadvertently facilitated the Myanmar military’s procurement at least US$ 60 million worth of weapons in the 2022 fiscal year and at least US$120 million in 2023.
The network said that the PTT Group, a Thai oil and gas company, invests and engages in business with the MOGE. This raises concerns that the money paid by the company might be spent on weapons used in the Myanmar civil war.
The network asked the Thai government to implement the UN Special Rapporteur’s proposals to prevent the Myanmar military from accessing international transactions and thoroughly investigate Thai commercial banks to ensure that no transactions were related to weapons purchases.
The Thai commercial banks were urged to stop any transaction supporting the Myanmar military and the PTT Group was also urged not to engage in activities that violate human rights.
The network encouraged the PTT Group’s stockholders to withdraw their shares from the business due to concern that the income that the Myanmar enterprises received from the PTT Group could contribute to human rights violations in Myanmar.
Earlier this month, the Committee, together with Tom Andrews, the UN Special Rapporteur on the situation of human rights in Myanmar, summoned representatives of Thai banks and relevant government agencies to clarify the facts and discuss joint measures to prevent weapons procurement for the Myanmar military through Thai banks.
Rangsiman Rome, Chairperson of the Committee, said he will visit the Bank of Thailand and the Ministry of Foreign Affairs next month to follow up on the issue.
26 July 26 202411041 at http://prachataienglish.com - Cartoon by Stephff: Anon Nampa gets 14 years in jailCartoon by Stephff: Anon Nampa gets 14 years in jaileng editor 1
Cartoon by Stephff: Anon Nampa gets 14 years in jail
26 July 26 202411040 at http://prachataienglish.com - Student activist given suspended sentence for royal defamationStudent activist given suspended sentence for royal defamationeng editor 1
The Court of Appeal for Specialized Cases on Wednesday (24 July) found Bell (pseudonym), a 20-year-old student activist, guilty of royal defamation for posts made on the Facebook group of local activist groups in November 2020 and gave him a 1 year and 6 month suspended prison sentence.
Bell was charged with royal defamation, sedition, and violation of the Computer Crimes Act along with 3 other people for allegedly posting images of King Vajiralongkorn and Queen Suthida around Phatthalung city along with captions on the Facebook pages of local activist groups in Phatthalung. The public prosecutor indicted them on two counts for each Facebook page on the grounds that the captions defamed the King and Queen and were damaging to the monarchy.
Since Bell was charged when he was 17, he was tried in the juvenile court. In July 2023, the Phatthalung Juvenile and Family Court found Bell guilty on both counts and sentenced him to 2 years and 12 months in prison. However, because he was a minor when he was charged, the Court instead ruled to have him detained at a juvenile training centre in Surat Thani for 2 years instead of serving a prison sentence.
Yesterday (24 July), the Court of Appeal for Specialized Cases amended the verdict of the lower court and found Bell guilty of only one of the two counts of the charges because there is only evidence linking him to one of the Facebook pages.
The Court sentenced Bell to 1 year and 6 months in prison, but suspended the sentence for 3 years, ruling that it has enough ground to give him a suspended sentence instead of sending him to a juvenile training centre.
Bell is required to report to a probation officer every 3 months and must undergo a urine drug screening every time he reports to the officer. He must perform 24 hours of community service within 2 years. The Court also required him to stay in university or take a job, and prohibited him from socializing with people with “bad behaviour” or going to nighttime places of entertainment unless given permission by his guardian.
Meanwhile, the Phatthalung Provincial Court dismissed charges against the three people charged along with Bell on the grounds that evidence presented by the prosecution was insufficient to prove that they took the photos.
26 July 26 202411039 at http://prachataienglish.com - Anon Nampa faces 14 years in jail after fourth royal defamation convictionAnon Nampa faces 14 years in jail after fourth royal defamation convictioneng editor 1
Human Rights lawyer Anon Nampa was found guilty yesterday (25 July) of royal defamation and violation of the Computer Crimes Act for two Facebook posts made in January and February 2021 criticizing the King’s exercise of power, bringing his cumulative prison sentence for royal defamation to over 14 years.
Anon Nampa (File photo)
Thai Lawyers for Human Rights (TLHR) said that the posts were defamatory towards the King and were not an exercise of freedom of expression, which is protected by the Constitution. The Court sentenced him to 6 years in prison, reduced to 4 because the defence witness examination during the trial was useful.
The ruling noted Anon’s testimony that King Vajiralongkorn requested amendments to the 2017 Constitution, which had already been approved in a referendum, and said that this is not undemocratic because the King holds the same power as other Thai citizens to write the Constitution.
The ruling said that the King has the authority to take actions that are directly under his command, such as giving and removing titles, giving royal decorations, and appointing or dismissing officials under his command. He also has the right to take actions as the monarch to show his power. For example, the King may give advice to the Cabinet and has the right to know what goes on in the country. It is therefore within his constitutional authority to take away the titles and decorations given to Chao Khun Phra Sineenat, his royal consort, as well as to later retore these titles and decorations, or to transfer his daughter, Princess Bajrakitiyabha, to the Royal Security Command and give her military ranks.
The Court noted Anon’s testimony that the King has been expanding his power by amending the 1936 Royal Property Act so that the Crown Property Bureau’s assets are now managed “at His Majesty's discretion” and by transferring the 1st and 11th Infantry Regiments to the Royal Security Command by an Emergency Decree. However, it said that it is not within its authority to rule whether the content of these laws are appropriate or correct or not.
Anon was charged with royal defamation and violation of the Computer Crimes Act for two Facebook posts criticizing the King’s exercise of power. One post, made in January 2021, said that it is against democratic principles for King Vajiralongkorn to interfere with governing the country. The second post, made in February 2021, criticized the transfer of Princess Bajrakitiyabha to the royal security command as the King was using his power to govern the country according to his own whim, which is undemocratic and a reason the country needs change.
This is the fourth royal defamation verdict delivered against Anon, who has now been held in detention pending appeal since 26 September 2023. He now faces a cumulative prison sentence of 14 years and 20 days.
26 July 26 202411038 at http://prachataienglish.com - SWING Foundation proposes repeal of anti-sex work lawSWING Foundation proposes repeal of anti-sex work laweng editor 1
Last week, the Service Worker in Group (SWING) Foundation submitted a proposal backed by 14,484 voters for the repeal of the 1996 Prevention and Suppression of Prostitution Act to pave the way for the protection of sex workers in Thailand.
The National Assembly Radio and Television Broadcasting Station reported on 18 July that Surang Chanyaem, SWING Foundation’s director, submitted the proposal and the list of voters to Padipat Suntiphada, First Deputy House Speaker.
Surang said that the 1996 law has been in effect for 28 years and has never been amended to fit the changing times, while criminalisation of sex work pushed sex workers underground and led to discrimination. It also deprived them of protection under labour law. The Act therefore violate the rights of those who become sex workers out of their own will, Surang said, since they have the right to their own bodies and the freedom to work. It is necessary to repeal the Act to restore dignity and rights for sex workers and pave the way for sex workers to be accepted and protected by Thai labour laws.
Padipat noted that the House has a sub-committee studying the legalisation of sex work, and that its concerns were not about morality but about public health, the economy, labour, human trafficking prevention, child protection, and coercion. He said that it is time to hold open and mature discussions on issues relating to sex work without allowing morality to cover other aspects that could lead to exploitation or the destruction of people in a profession that deserves the same protection as any other.
Mulan (pseudonym), one of the representatives who came to submit the proposal, said that she believes sex work is a profession that feed sex workers and their families, and that sex workers should be able to work without being criminalised and be allowed access to welfare without facing discrimination.
She asks that members of parliament act as representatives of the people, pointing out that over 14,000 voters backed the proposal and that MPs now need to take action to make it come true.
25 July 25 202411037 at http://prachataienglish.com - Chiang Mai activists demand bail for political prisonersChiang Mai activists demand bail for political prisonerseng editor 1
Activists in Chiang Mai have filed petitions addressed to the President of the Supreme Court, the Region 5 Chief Justice, and the Move Forward Party calling for bail for political prisoners detained for royal defamation.
Activists submitting their petition to a court representative. (Photo from We, The People)
The activist group Stand Against Tyranny, which has been staging weekly protests at Tha Phae gate in Chiang Mai city since 2020 to demand the release of political prisoners, went to the Chiang Mai Provincial Court last Friday (19 July) to file petitions to the President of the Supreme Court and the Region 5 Chief Justice calling for bail for political prisoners.
The group said that denying bail to those charged with royal defamation violates both local and international laws. Under the 2017 Constitution, the group said, those accused of a crime should be considered innocent until proven guilty and detaining an accused person must only be done as necessary to prevent them from fleeing. The principle of Presumption of Innocence is also enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICPPR).
Those held in detention pending trial or appeal on a royal defamation charge, or anyone who has been accused but not yet found guilty of a crime in a court of law, also deserves bail, the group said. The group also noted that everyone should be afforded the same treatment as former Prime Minister Thaksin Shinawatra, who was indicted for royal defamation and granted bail.
The group said that denying bail without a reasonable cause not only go against Thailand's commitment under both location and international law. It also deprive them of the detainees of their right to a fair trial. The Court should therefore respect legal principles and grant bail to those held in detention pending trial or appeal, espcially those charged with royal defamation - a charge which has been used to silence political dissenters and not for protecting the monarchy.
Move Forward Party leader Chaithawat Tulathon (third from right) receiving the petition.
Last Saturday (20 July), during the Move Forward Party’s “Policy Fest” event, the activists filed a petition with party leader Chaithawat Tulathon and Pita Limjaroenrat, former party leader and current chair of the party’s board of advisors, noting the increasing number of political prisoners and the possibility that those charged with royal defamation, who make up the majority of political prisoners remaining in detention, will not be granted amnesty if an amnesty bill is passed.
The activists called on the Move Forward Party to demand bail for political prisoners and amnesty for those charged with royal defamation. They also asked that the party do more for freedom of expression, including by bailing out detained activists.
They pointed out that Future Forward Party, Move Forward’s predecessor, was dissolved even though it was clearly not going to amend the royal defamation law, suggesting that remaining silent on such matters was no guarantee that Move Forward would not be dissolves in turn. This said, they called upon the party to stand by dissenters, keeping the promise it made during its election campaign and acting in a manner deserving of representing its 14 million voters.
According to Thai Lawyers for Human Rights (TLHR), at least 272 people have been charged with royal defamation for political expression and participation in protests since November 2020. Of the 24 people held in detention pending trial or appeal on charges relating to political expression, 17 are detained on a royal defamation charge. 10 others are also detained following a final verdict from the Supreme Court or after a decision not to appeal, while 1 minor is being held in a juvenile detention centre.
25 July 25 202411036 at http://prachataienglish.com - Activist faces additional jail term for his 8th royal defamation chargeActivist faces additional jail term for his 8th royal defamation chargeeng editor 3
Activist Shinawat Chankrajang has been sentenced to 1 year and 6 months in prison over a royal defamation charge related to a speech he gave about the King’s property during a protest. The case is his 8th royal defamation charge and he is currently facing a total of 15 years and 24 months in prison.
The political activist faced charges of royal defamation and unauthorized use of a sound amplifier at an activity on 4 February 2022. During the activity, a sign saying “Abolish 112”, and pictures of political detainees were displayed at the scene, according to Thai Lawyers for Human Rights.
Shinawat also gave a speech about the transfer of the royal assets held by the Crown Property Bureau to the King’s personal property.
The allegation claimed that the speech was defamatory towards the King, suggesting that the King engaged in corruption and misappropriation of national assets for personal gain. It was also found that the activist did not ask for permission to use a sound amplifier.
Shinnawat was found guilty as charged. He was initially sentenced to 3 years for royal defamation and fined 200 baht for unauthorized use of a sound amplifier. However, the sentence was reduced to 1 year and 6 months in prison due to his guilty plea.
This is the last royal defamation charge he faces. In the previous 7 cases he received a suspended sentence in only one case. His total jail term is 15 years and 24 months (equivalent to almost 17 years).
Shinawat has been detained in the Bangkok Remand Prison since 29 February 2024 after he was denied bail in a case where he gave a speech during a protest in front of the Siam Commercial Bank headquarters.
24 July 24 202411035 at http://prachataienglish.com - Court to rule on PM’s dismissal on 14 AugustCourt to rule on PM’s dismissal on 14 Augusteng editor 3
On 14 August, the Constitutional Court will deliver its verdict on a petition seeking the dismissal of Prime Minister Srettha Thavisin for appointing a person with a criminal record to a cabinet position.
Following a discussion on 24 July, the judges agreed to issue a ruling on 14 August. The verdict will delivered at 15.00.
The Court reportedly has sufficient evidence to rule on the case and no further deliberation is needed.
A complaint was filed in May by a group of 40 outgoing senators who claimed that the PM violated the Constitution by appointing lawyer Pichit Chuenban as a cabinet minister attached to the PM’s Office. The petition seeks the removal of both Srettha and Pichit from their respective offices.
Pichit is a former lawyer with a close relationship with the Shinawatra family. He was entrusted with countering lawsuits targeting Thaksin. During the administration of Yingluck Shinawatra, he served as both an MP and the leader of a legal team defending her in the rice-pledging scheme scandal.
Pichit was jailed for contempt of court in 2008 and had his law license suspended for 5 years after he allegedly attempted to bribe Supreme Court officials with 2 million baht hidden in a paper bag. The incident occurred when he was representing former PM Thaksin Shinawatra and his ex-wife Potjaman Na Pombejra in the Ratchadaphisek land case. Thaksin was sentenced to 2 years in prison in 2008. Pichit and two of his colleagues were given 6-month jail terms.
After the complaint was filed, Pichit announced his resignation from the ministerial position.
The verdict in this case will come after the 7 August ruling on a petition seeking the dissolution of the poll-winning Move Forward Party for its election campaign to amend the royal defamation law. Earlier this year, the Court ruled that the campaign was treasonous.
24 July 24 202411034 at http://prachataienglish.com - Southeast Asian MPs launch International Parliamentary Inquiry to investigate the impact of industries on environmentSoutheast Asian MPs launch International Parliamentary Inquiry to investigate the impact of industries on environmenteng editor 1
On Monday (23 July), ASEAN Parliamentarians for Human Rights (APHR) held the first hearing of its International Parliamentary Inquiry (IPI) on the adverse impacts of industry activities on the environment, particularly focusing on nickel mining and deforestation in Indonesia.
“We need to do better as parliamentarians, we need to protect our people and our environment,” APHR Chair and member of the Indonesian House of Representatives Mercy Chriesty Barends said in her opening remarks for the hearing. “We are conducting this inquiry to better understand and hear from each and every one of you and to propose recommendations on what needs to be done.“
The hearing, held at the Indonesian House of Representatives in partnership with the House’s Commission IV (which oversees agriculture, forestry, maritime affairs, fisheries and food) and Commission VII (which oversees energy, natural mineral resources, research and technology, and the environment), featured parliamentarians as well as representatives from government ministries, state institutions, the private sector, and civil society.
The hearing was attended by members of APHR’s IPI Committee – Mercy Barends, former Malaysian member of parliament Charles Santiago, Thai member of parliament Nitipon Piwmow, and Malaysian member of parliament Lee Chean Chung – as well as Commission IV deputy chair Anggia Erma Rini and Commission VII chair Sugeng Suparwoto and Commission VII members Bambang Pattijaya and Dyah Roro Esti.
The parliamentarians spoke about the need to ensure that industries that have the potential to damage the environment are properly overseen. The hearing particularly focused on nickel mining because Indonesia has 42% of the world’s nickel reserves, as well as substantial reserves of copper, gold, tin, and, notably, coal.
“Prime and pristine forests are not easily replicated, even with reforestation and rehabilitation policies. This is something that the government needs to seriously take into account,” said Lee Chean Chung.
“We need to look out of the box, we need to ensure that just energy transition truly results in justice for the most vulnerable in our societies,” added Charles Santiago.
The hearing is the first in a series that will be conducted in two other countries in Southeast Asia, namely the Philippines and Thailand. The IPI’s focus is on industries related to large-scale deforestation, degradation and depletion of coastal and marine resources, and pollution of natural water resources.
Information gathered during the IPI will go through a verification process, and a final report will be launched emphasizing the panel’s key recommendations for ASEAN, governments, parliaments, the private sector, civil society, and other stakeholders. The IPI aims to better understand the situation and foster collaborative approach in the hope that parliamentarians across the region can develop better policies.
“We are all facing the same problems in balancing economic interests and protecting the environment. If we share our experiences, ASEAN countries can move forward together,” said Nitipon Piwmow
24 July 24 202411033 at http://prachataienglish.com