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Sunday, September 15, 2024

Exiled, jailed or silenced: Thailand’s youth protest leaders languish under prosecution blitz

(Clockwise from top left) Benjamaporn Nivas, Panusaya Sithijirawattanakul, Bunkueanun Paothong and Patsaravalee Tanakitvibulpon. 
PHOTOS: COURTESY OF BENJAMAPORN NIVAS, TAN HUI YEE

Tan Hui Yee
Indochina Bureau Chief
Sep 15, 2024, 05:00 AM


BANGKOK - Benjamaporn Nivas, 19, sells bubble tea in Vancouver while taking adult education classes to make up for her interrupted schooling.

It has been two years since she has seen her friends and family in Thailand, and four years since she co-founded a student group to reform Thai education.

The mass protests she helped to lead eventually challenged the status quo and demanded reform of Thailand’s powerful monarchy.


But she paid the price for her activism.

“I never imagined I would end up so far away,” she told The Straits Times in a video call from Canada, where she received asylum after fleeing a possible lese majeste conviction in 2022.

“Sometimes I feel sad and miss home. But I am safe. There are things which I had to give up in exchange for that, and it was painful. But I have to keep going.”

Four years after student protests first broke out across South-east Asia’s second largest economy – challenging the then military-linked government and eminence of King Maha Vajiralongkorn – the young people who drew thousands of protesters onto the streets are grappling with prosecutions that have driven some into exile, others to incarceration and many more to silence.

Benjamaporn Nivas shows artwork she created in Canada about the Thai political situation
PHOTO: COURTESY OF BENJAMAPORN NIVAS

According to advocacy group Thai Lawyers for Human Rights, more than 1,900 people have been charged – for taking part in public assemblies or expressing their political opinion – since youth protests first broke out in July 2020.

Among them were 272 people charged with lese majeste – an offence that carries a jail term of up to 15 years.

At least 126 of the 155 lese majeste cases known to be concluded so far have resulted in jail sentences. Prominent protest leader and activist lawyer Arnon Nampa, 40, is serving 14 years in prison for the royal insult cases against him concluded so far.

Arnon was the first activist at the protests to call for discussion about the King, who controls his own military units as well as billions of dollars of assets he took over from the Crown Property Bureau, an agency which managed assets on behalf of the palace.

For lese majeste defendants yet to be convicted, pre-trial detention in prison is common. Democracy activist Netiporn Sanesangkhom, who was facing lese majeste and other charges, died in detention in May at the age of 28, after a months-long hunger strike to protest against the justice system.

Some youth leaders have decided to skip town. Fugitive activist Panupong Jadnok, 27, reportedly arrived in New Zealand in August after missing a lese majeste-related court date months earlier. Parit Chiwarak, a 26-year-old student leader who goes by the nickname of Penguin, was saddled with 25 royal defamation cases when he skipped a court hearing in June. He is presumed to have fled Thailand.

Youth protest leaders who remain in Thailand say they are forced to structure their lives around a revolving door of court appointments and make peace with the ever-present possibility of losing their freedom.

Panusaya Sithijirawattanakul, 25, is trying to cram studies for a master’s degree in human rights with attending court hearings for the 31 cases filed against her. Nine of them involve alleged lese majeste.

Panusaya Sithijirawattanakul has 31 cases filed against her. 
ST PHOTO: TAN HUI YEE


Rung, as she is known among friends, stunned the Thai public in August 2020 when she read out a list of 10 demands for monarchy reform before thousands of protesters just outside Bangkok. Among other things, it called for the monarch to be stripped of legal immunity and the royal budget to be reduced in line with economic conditions. It also demanded that the lese majeste law be abolished.

Then a sociology and anthropology undergraduate at Thammasat University in Pathum Thani province, Rung went on stage to speak at many other protests as part of a group called the United Front of Thammasat and Demonstration.

But the resulting state surveillance, prosecution and body-shaming online attacks by conservatives left her “stressed and anxious”, she told ST.

“I am still an activist and human rights defender,” she said in an interview near her home in Nonthaburi province. “With the time that I have left, I will use it to study human rights and democratisation. If I am sent to jail, I would have some knowledge or skills that can protect other inmates in prison.”

Other youth leaders – spooked by state pressure on them and their relatives – have sworn off demonstrations.

Bunkueanun Paothong, a 25-year-old international relations undergraduate at Mahidol University, told ST: “A lot of protest leaders paid a price. I am no different. Even though I hate to admit it as much, I believe that now it’s not a price I can pay any more.”

He is instead focusing on his work in the Mahidol University student council, of which he is a member.

Bunkueanun Paothong is focusing on his work in the Mahidol University student council. ST PHOTO: TAN HUI YEE


He recalled “almost” losing his sanity after being constantly tailed by people he identified as police officers.

“I lost the ability to confidently walk and do things without being surveilled all the time,” he said.

New political developments have drawn public attention away from these youth leaders.

The street protests eased as Thailand emerged from the Covid-19 pandemic and held a general election in May 2023.

Coup leader and then prime minister Prayut Chan-o-cha – a major source of public ire – was relegated to political obscurity after a disastrous showing by his political party in the 2023 general election. He is now a privy councillor.

Many people who took to the streets in 2020 to call for reforms later pinned their hopes on the progressive Move Forward Party, which won the 2023 election but was blocked by royalist factions in Parliament from forming a government.

The Constitutional Court deemed that Move Forward’s campaign to amend the lese majeste law was illegal – and dissolved the party on those grounds. This pushed the possibility of amending the draconian law even further back.

Meanwhile, election runner-up Pheu Thai Party has joined hands with parties across the political spectrum to form two coalition governments so far.

While the current government is helmed by 38-year-old Prime Minister Paetongtarn Shinawatra, it is thought to be controlled by her father Thaksin Shinawatra.

Mr Thaksin, himself a former prime minister, spent 15 years in self-exile to evade graft-related charges but returned to Thailand in 2023 through what was seen as a political deal for lenient treatment. Tellingly, he prostrated himself before a picture of the King and Queen as soon as he returned.

Still, while fading from public consciousness, the youth protesters have left an indelible mark on Thai politics.

“The main legacy of the youth movement is their contribution to the ideological shift in Thailand,” said Dr Janjira Sombatpoonsiri, a Bangkok-based research fellow at the German Institute for Global and Area Studies. “The popular mood back then – right in the middle of the pandemic – was a questioning of the status quo. There was real resentment against injustice and elite privileges.

“The movement voiced this in public, and it started the conversation about key institutions that undergird the status quo.”

She added: “Now that cannot be undone, regardless of the repression of the movement and the fact that there is currently no mass mobilisation against the elite.”

Some youth leaders say they can afford to wait.

Patsaravalee Tanakitvibulpon, 29, is fighting 15 protest-related charges – including three involving lese majeste. She has focused on campaigning work related to resources like land and water, which she feels are closely tied to Thailand’s power structure.

“I am still fighting, but the method that I have chosen is appropriate for the current circumstances,” she told ST. “Discussions about the monarchy are still taking place online even though there is no protest.”

Patsaravalee Tanakitvibulpon is fighting 15 protest-related charges – including three involving lese majeste. 
 ST PHOTO: TAN HUI YEE

While there have been efforts to introduce an amnesty Bill for victims of political prosecution, individuals accused of lese majeste are unlikely to get a reprieve under this move, said Dr Janjira, who is a member of a parliamentary committee looking into this.

This is because there is not enough support among legislators or even the public for amnesty on this controversial issue.

Despite the threat of jail, Rung is optimistic about political change in Thailand, simply because the biggest defenders of the status quo belong to the older generation.

“They are older than us. They will die before us,” she said matter-of-factly. “If we can maintain the idea of change, the idea of democracy, the idea of equality within our generation and the generation after us, maybe one day Thailand will become more diverse and more equitable.”

Benjamaporn, meanwhile, has no regrets despite being driven into exile.

“The Thai education system has gradually changed and students have become braver and more aware of their rights,” she said. “I am proud of what I had done. Even if I could turn back the clock, I still would have done what I did.”

More On This Topic





Thursday, August 15, 2024

With PM’s Dismissal, Thailand’s ‘Network Monarchy’ Strikes Back

The Constitutional Court’s unseating of Srettha Thavisin has once again plunged the country into political uncertainty.

By Sebastian Strangio
August 15, 2024
THE DIPLOMAT

Former Thai Prime Minister Srettha Thavisin attends an event in Bangkok, Thailand, on August 14, 2024, ahead of his dismissal by the Constitutional Court.

With another controversial ruling, Thailand’s Constitutional Court has once again returned the country to a new era of political stasis and uncertainty. Yesterday, the court voted 5-4 to dismiss Prime Minister Srettha Thavisin from office for a minor “ethical violation,” relating to the appointment to his cabinet of an official who had previously served a prison sentence for bribing a court official.

Srettha, speaking shortly after the verdict, said he respected the ruling and always sought to act ethically during his time in office, which fell just short of a year. “I’m sorry that I’d be considered as a prime minister who’s unethical, but I’d like to insist that I believe that is not who I am,” he said, according to the Associated Press.

The Constitutional Court’s decision is just the latest in a long line of significant interventions in Thai politics, and came a week after another ruling that disbanded the Move Forward Party, the largest party in the Thai parliament, and banned 11 of its executives from politics for 10 years.

The lopsided mismatch between the alleged ethical transgression and the punishment echoes the Constitutional Court decision of 2008 that dismissed Prime Minister Samak Sundaravej for hosting a cooking show. (The Constitutional Court also ruled in 2021 that Deputy Agriculture Minister Thammanat Prompao could keep his post in Prime Minister Prayut Chan-o-cha’s cabinet, despite reportedly being jailed in Australia for trafficking heroin.)

The verdict, which has been roundly denounced by opposition parties and human rights groups, offered a reminder of where power really lies in Thailand: not with democratically elected leaders but with a powerful “network monarchy,” as scholar Duncan McCargo has described it, acting through the military, a pliant judicial branch, and other state institutions.

The decision is seemingly related to the political pact between the conservative establishment and Srettha’s Pheu Thai party, which allowed the party’s patriarch, former Prime Minister Thaksin Shinawatra, who returned to Thailand after more than 15 years of self-exile after the general election of May 2023. In exchange for Thaksin’s return (and the rapid dilution of his eight-year prison sentence for corruption), Pheu Thai agreed to join with military-backed and conservative parties to form a new government under Srettha, a real estate mogul with no previous experience in politics. The purpose of the pact was to blunt the more radical threat posed by Move Forward, which had won a plurality of votes at the election.

However, Thaksin has since flaunted his newfound freedom, traveling across Thailand, meeting with local politicians, and even offering his services as a mediator of the conflict next door in Myanmar. Far from a narrow concern about ethical conduct, yesterday’s verdict was a veiled signal to Thaksin to keep his political ambitions confined to a narrow terrain. Also hanging over Thaksin is a lese-majeste charge relating to a newspaper interview he conducted in 2015, on which he was formally indicted in June.

Whether or not Pheu Thai remains the main force in government remains to be seen. Srettha’s Cabinet will remain in place on a caretaker basis under first Deputy Prime Minister Phumtham Wechayachai, pending Parliament’s approval of a new prime minister. Parliament has already scheduled a vote for Friday, though there could be more than one round of voting before a final selection is made. The caretaker Cabinet could also dissolve Parliament and call a new election, though that remains unlikely, given that the newly formed People’s Party – the rebranded Move Forward party – could well prevail.

The question then turns to the question of who will replace Srettha, and what complexion the new government will have. Crucially, the Senate’s role in the selection of the prime minister – its military-appointed members helped block the Move Forward from forming government after last year’s election – expired when its term came to an end in May. This means that a simple majority of 251 votes in the House of Representatives is all that is necessary to anoint the new PM.

However, as Ken Mathis Lohatepanont noted yesterday in an analysis for the Thai Enquirer, the 2017 Constitution restricts the vote to those prime ministerial candidates that were submitted at last year’s election, and whose parties won at least 25 seats. This narrows down the choice to just seven candidates: Paetongtarn Shinawatra and Chaikasem Nitisiri from Srettha’s Pheu Thai party, Anutin Charnvirakul from Bhumjaithai, Prawit Wongsuwan from Palang Pracharath, Prayut Chan-o-cha and Pirapan Salirathvibagha from the United Thai Nation Party, and Jurin Laksanawisit from the Democrats. Conveniently, Pita Limjaroenrat of the now-defunct Move Forward party – by some wide margin the most popular choice for PM in the country, according to recent polls – is ineligible after being banned from politics last week.

Of these seven, two initially seemed to be in pole position: Paetongtarn, the youngest daughter of Thaksin, and Anutin Charnvirakul from Bhumjaithai, which came in third in last year’s election. However, this morning brought reports that the Pheu Thai was preparing to nominate Chaikasem, a 75-year-old who served as minister of justice in the government of Thaksin’s sister Yingluck Shinawatra during 2011-2014, in tomorrow’s parliamentary vote.

Whoever ends up assuming the prime ministership, the result will still be only a vague representation of the will of the Thai electorate. This month’s court rulings are a dispiriting reminder that no matter the result of elections, political outcomes will eventually be trimmed and shaped to conform to the interests of the country’s remote and unaccountable “network monarchy.”

Thaksin’s daughter backed by lawmakers to be next Thai PM

Ms Paetongtarn (right) is the youngest of Mr Thaksin Shinawatra’s (left) three children and the nominal leader of the Pheu Thai party. 

Aug 15, 2024

BANGKOK – The daughter of former Thai leader Thaksin Shinawatra is now the favourite to become the South-east Asian nation’s next prime minister, a move that would signal continuity after another party member was ousted from the top job on Aug 14.

Ms Paetongtarn Shinawatra, 37, received the backing of a majority of lawmakers in Mr Thaksin’s Pheu Thai party at a meeting on Aug 16.

The final decision will be taken by party executives, who plan to meet at 4pm local time, senior party member Suriya Juangroongruangkit told reporters.

Ms Paetongtarn is the youngest of Mr Thaksin’s three children and the nominal leader of Pheu Thai, the biggest group in an 11-party coalition seeking to retain power after a court disqualified fellow Pheu Thai member Srettha Thavisin as prime minister.

Local media earlier reported that another party member, former law minister Chaikasem Nitisiri, 75, was the frontrunner to become the next premier.

The 500-member elected House of Representatives is scheduled to hold a special session on Aug 16 to choose a new leader after Mr Srettha was removed from office by the nation’s Constitutional Court for an ethical violation.

The appointment of either Ms Paetongtarn or Mr Chaikasem would signal few changes to policies pursued by Mr Srettha’s administration, which focused on bolstering growth through looser fiscal policies and tackling the high cost of living and near-record household debt.

Pheu Thai, which is effectively controlled by Mr Thaksin and his family, has secured the support of some of the nation’s biggest pro-royalist conservative parties after a deal that brought the former leader back to Thailand following a prolonged exile.

As long as the alliance holds, it has the support of more than 300 lawmakers in the lower house, enough to overcome any opposition.

Mr Anutin Charnvirakul, leader of the second-biggest group Bhumjaithai Party and a top contender from the conservative camp, said his party would back any Pheu Thai nominee.

“While it is still too early to tell, a new cabinet that is able to provide a good balance between coalition parties may stand to last the remainder of the four-year term and provide some medium-term political stability,” according to Mr Kaseedit Choonnawat, an analyst at Citigroup Inc. BLOOMBERG

Saturday, August 10, 2024

JUNTA AND CORRUPT MONARCH

Thailand Outlaws Popular Progressive Party

Caracal
August 9, 2024
Asia
Photo Credit: Fox59


Thailand, the constitutional monarchy, once again failed its people. From the day the Move Forward Party, which aims to scrap outdated laws like lese majeste from the Thai constitution, came to light, the authorities have been working to bring it down. Even though the people voted for them and gave them the most seats in last year’s general election, they were denied administration. The party faced many cases, and finally, Thailand’s constitutional court ordered the dissolution of the country’s most popular and promising youth-led party, banning its leaders from politics for ten years over their election promise to reform the country’s strict and often cruel lese-majesty law. It seems the country doesn’t look for any chance to “move forward ”, despite people craving progress.

On Wednesday, the constitutional court unanimously decided to dissolve the party and ban its executive committee, including its charismatic leader Pita Limjaroenrat, from politics for ten years. This decision followed a ruling by the same court in January, which declared the party’s pledge to reform the lese-majesty law unlawful and demanded an end to such efforts. Speaking at the party’s headquarters after the verdict, Pita stated that their movement would continue and that a new party and leadership would be established. The successor party, which Move Forward MPs will join, is expected to be announced on Friday.

Thailand’s courts have often dissolved political parties and banned politicians, and the country has faced two coups since 2006 as part of a continuing power struggle between popular parties and the conservative establishment. Move Forward’s predecessor, Future Forward, was dissolved by a court ruling in 2020 for allegedly violating election funding rules, a decision its supporters argued was politically motivated to remove them from the political landscape. The ruling sparked mass youth-led protests demanding democratic reforms and breaking a longstanding taboo by calling for changes to the royal family. Since then, at least 272 people have been charged with lese-majesty. In May, political activist Netiporn Sanae-sangkhom, 28, who was charged under the law, died in pre-trial detention after a 65-day hunger strike protesting the imprisonment of political dissidents.

Although the dissolution might anger millions of young and urban voters who supported Move Forward and its progressive agenda, the ruling’s impact may be minimal, with only its 11 party executives facing 10-year political bans. Consequently, mass protests similar to those in 2020 may not occur. Hours after the ruling, Move Forward’s leaders announced that the remaining 143 lawmakers would establish a new party on Friday, similar to the response in 2020 when Future Forward, their predecessor, was dissolved.

In Thailand, individuals have faced prosecution for making political speeches, wearing clothing considered to impersonate the royals, or selling satirical cartoons, all under Article 112 of Thailand’s criminal code, known as lese-majeste. In recent years, criticism of this law has grown, largely due to the mass protests that erupted in 2020. During these protests, young people demanded democratic reforms and challenged a deeply ingrained taboo by calling for changes to the monarchy’s role in public life. their key demand was the abolition of the lese-majeste law.

It looks like Thailand’s youth politicians will not compromise with the authorities, and they have the support of the people, as evidenced by last year’s voter turnout. It is clear that a new party with new leadership but the same ideology will emerge in the next election. Sirikanya Tansakun, who is seen as a potential future leader, stated that while the party’s ideology would be preserved, its strategy would be dynamic and adaptable. Even if the constitutional authorities prevent them from participating in the administration and impose bans, the youth, including many from Gen Z who are globally connected through the internet, are not backing down. This cycle will continue until the people dismantle the authority. The constitutional monarchy is an absolute disgrace in the 21st century.

Friday, July 19, 2024

Cambodia-China traditional friendship to be further deepened: Cambodian king
WHY STALINISTS CAN USE LESE MAJESTE

Xinhua, July 19, 2024

Cambodian King Norodom Sihamoni said on Wednesday that China is an eternal friend of Cambodia, and the traditional friendship between the two countries will be further deepened as cooperation in various fields will achieve more fruitful results.

The monarch made the remarks at the Royal Palace in Phnom Penh while accepting the credentials presented by China's new ambassador to Cambodia Wang Wenbin.

Sihamoni said that he highly appreciated China's tremendous development achievements and sincerely thanked the Chinese government and people for their long-term valuable support and assistance to Cambodia.

He said Cambodia firmly adheres to the one-China policy and supports the China-proposed Belt and Road Initiative.

For his part, Wang said under the joint guidance of the leaders of the two countries, China-Cambodia relations have entered a new era of building a high-quality, high-level and high-standard community with a shared future.

The ambassador added that he will work with Cambodian people from all walks of life to carry forward the baton of China-Cambodia friendship and make every effort to consolidate and deepen China-Cambodia friendship.

Wang arrived in Cambodia on July 5 to assume his new office.




Tuesday, July 02, 2024

STALINIST LESE MAJESTE

Cambodia jails activists for plotting against government | REUTERS

A Cambodian court handed jail terms of up to eight years to 10 activists of environmental group Mother Nature, on charges of plotting against the government and insulting the king, the group's founder and a lawyer said

Friday, June 21, 2024

Niger reinstates prison sentences for journalists for defamation, insult

LESE MAJESTE BY ANY OTHER NAME

 
 On June 7, Niger’s head of state Abdourahamane Tchiani, seen here declaring himself the country's leader after a July 2023 coup, reintroduced prison sentences and fines for defamation and insult via electronic means of communication, news reports said. (Screenshot: YouTube/The Times and the Sunday Times)

June 20, 2024 


Dakar, June 20, 2024—Nigerien authorities must decriminalize defamation and ensure that the country’s cybercrime law does not unduly restrict the work of the media, the Committee to Protect Journalists said on Thursday.

On June 7, Niger’s head of state Abdourahamane Tchiani, who overthrew the democratically elected president in July 2023, reintroduced prison sentences of one to three years and a fine of up to 5 million CFA francs (US$8,177) for defamation and insult via electronic means of communication, according to news reports.

A jail term of two to five years and a fine of up to 5 million CFA francs (US$8,177) were also set for the dissemination of “data likely to disturb public order or undermine human dignity,” even if such information is true, according to CPJ’s review of a copy of the law.

“The changes to Niger’s cybercrime law are a blow to the media community and a very disappointing step backwards for freedom of expression,” said CPJ Africa Program Coordinator, Muthoki Mumo, in Nairobi. “It is not too late to change course by reforming the law to ensure that it cannot be used to stifle journalism.”

Previously, the crimes of defamation and insult were punishable with fines of up to 10 million CFA francs (US$16,312), while dissemination of data likely to disturb public order carried a penalty of six months to three years’ imprisonment.

The government abolished criminal penalties for defamation and insult in 2022 to bring the 2019 cybercrime law into line with the 2010 press freedom law.

On June 12, Niger’s Minister of Justice and Human Rights Alio Daouda said in a statement that the 2022 amendments were made “despite the opposition of the large majority of Nigeriens.” He said that decriminalization of the offenses had led to a “proliferation of defamatory and insulting remarks on social networks and the dissemination of data likely to disturb public order or undermine human dignity” despite authorities’ calls for restraint.

“Firm instructions have been given to the public prosecutors to prosecute without weakness or complacency” anyone who commits these offenses, he said.

CPJ and other press freedom groups have raised concerns about journalists’ safety in the country since the 2023 military coup.

This April, Idrissa Soumana Maïga, editor of the privately owned L’Enquêteur newspaper, was arrested and remains behind bars on charges of undermining national defense. If convicted, he could face between five and 10 years in prison.

Several Nigerien journalists were imprisoned or fined over their reporting prior to decriminalization in 2022.

CPJ’s calls to the Ministry of Justice and Human Rights to request comment went unanswered.More On:

Wednesday, June 19, 2024

LESE MAJESTE

Thailand: Has Thaksin's influence finally been curtailed?

Tommy Walker in Bangkok
Today

Ex-PM Thaksin Shinawatra has been indicted under Thailand's royal defamation laws. Is the kingdom's conservative establishment finally reining in the veteran leader?


Former Thai Prime Minister Thaksin Shinawatra was indicted on Tuesday on a charge of insulting Thailand's monarchy under the kingdom's strict 'lese majeste' law.

Offenses committed under under the draconian law are punishable with prison terms ranging from 3 to 15 years.

But what does this mean for Thaksin and the future of Thailand's ruling Pheu Thai party, which is strongly influenced by the former PM?

What is Thaksin charged with?

The 74-year-old political heavyweight was charged because of a remark he made in an interview with a media outlet in Seoul, South Korea in 2015.

During the interview, Thaksin accused the Privy Council of Thailand, a group of appointed advisors to the Thai monarchy, of being involved in protests that preceded the kingdom's 2014 military coup.

Thaksin's lawyer Winyat Chartmontree says his client is 'not worried, and he's always maintained that he hasn't done anything wrong'Image: Patipat Janthong/REUTERS

Thaksin denied all charges in Tuesday's hearing. The 74-year-old was released on bail with a bond of 500,000 baht ($13,600, €12,700) under the condition that he cannot travel out of Thailand unless approved by the court. His passport was confiscated.
Reforming a royal taboo

Thailand is one of a few remaining countries to still criminally prosecute perceived insults or defamation of royalty.

The Thai monarchy was mostly considered sacrosanct under the popular former king, Bhumibol Adulyadej, who passed away in 2016. However, a seemingly growing number of Thais have demanded royal reform since the coronation of his successor, King Maha Vajiralongkorn.

"For those in power, the absolute support of the lese majeste law is used to demonstrate the government's unwavering support of the monarchy and legitimize itself, particularly at a time when there's growing call to amend the draconian and anachronistic law," Pravit Rojanaphruk, a veteran journalist and political analyst, told DW.

Pravit added that Thai society has "yet to arrive at a consensus on the limits of the power of the monarchy, particularly unspoken and unofficial ones."

The law is taboo in Thailand, but an increasing number of voices claims it is being used to silence activists, political parties and political heavyweights like Thaksin.

Thaksin's fading political clout

Last year's general election in Thailand was the first time in more than 20 years that a Thaksin-linked party failed to win most seats. The Pheu Thai was pushed out second place by the progressive Move Forward Party (MFP).

But pro-establishment forces in the Senate — a conservative, military-appointed body — blocked MFP leader Pita Limjaroenrat from becoming prime minister, paving the way for the Pheu Thai to take power and shut the newcomers out of government.

Despite coming second in the election, the party managed to secure a leading position in the current government. Thaksin's daughter Paetongtarn Shinawatra is the party chief and her business ally Srettha Thavisin is prime minister.

"The main opposition party, Move Forward Party also uses its critical stance against the law to gain support from young, educated voters," Pravit said, adding the the MFP is considered a worse enemy than Thaksin's Pheu Thai Party as its policies are more radical."

What's next for Thaksin?

After spending years overseas in self-imposed exile, Thaksin returned to Thailand in 2023 and started serving a prison term of more than eight years on charges related to corruption and abuse of power. He was subsequently granted a royal pardon and released early on parole in February 2024.

Tita Sanglee, an independent Thailand analyst, suggested that Thaksin has now become more erratic.

"I think controlling Thaksin is harder than controlling reformists [and] protestors. First, whereas the protestors seem to be ideologically driven, Thaksin seems to be much more pragmatic, much more opportunistic. In other words, he's more unpredictable," Tita said.

"Second, Thaksin clearly has more resources and has established a stronger network in Thailand and beyond, as highlighted through his tight connections with [former Prime Minister of Cambodia] Hun Sen."

Tita also noted that Thaksin's extensive connections span across various spheres, including the military, police, and business. However, his lese majeste indictment could be seen as a signal for him to maintain a lower profile.

Pravit concurred with Tita's view, indicating that the charges aim to exert control over Thaksin and the Pheu Thai party. However, he also hinted at the possibility of further unexpected developments, such as reining the ruling party alongside Thaksin.

"Thaksin is no fool. We will have to wait and see how he will play his cards from now," Pravit said.

Thaksin is maintaining his innocence and is scheduled to appear at an evidence review and hearing on August 19.

Thai band rocks against royal insult law  01:23

Edited by: Keith Walker



















Tuesday, June 18, 2024

ABOLISH Lèse-majesté 

ABOLISH MONARCHY


Thai court grants Thaksin bail, other politically charged cases to be heard in July

Panu Wongcha-um
Updated Tue, 18 June 2024 


Exiled former PM Thaksin returns to Thailand

By Panu Wongcha-um

BANGKOK (Reuters) -Thailand's influential former prime minister Thaksin Shinawatra, a powerful backer of the largest party in the governing coalition, avoided pre-trial detention for allegedly insulting the monarchy after a criminal court granted him bail on Tuesday.

Separately, the Constitutional Court set July 3 and July 10, respectively, as the next hearing dates for two cases involving the opposition Move Forward party and the incumbent prime minister Srettha Thavisin.


Srettha, a political novice who took office last year, faces potential dismissal over a cabinet appointment.

The Move Forward party, which won last year's closely fought election but was unable to form a government, could be dissolved for its campaign to amend the royal insult law.

Thaksin, Srettha and Move Forward deny any wrongdoing.

The Constitutional Court also ruled that an ongoing selection process for a new upper house, which started earlier this month, is lawful, clearing the deck for 200 new lawmakers to take over from a military appointed senate later this year.

The court cases, which risk deepening a decades-old rift between the conservative-royalist establishment and its opponents, such as the populist ruling Pheu Thai party and the Move Forward party, have raised the spectre of political instability and rattled markets.

Thailand's main stock index, which dropped to its lowest level since November 2020 on Monday, gained more than 1% on Tuesday morning before trimming gains.

(Reporting by Panu Wongcha-um, Panarat Thepgumpanat, Chayut Setboonsarng and Orathai Sriring; Writing by Devjyot Ghoshal; Editing by John Mair and Ed Davies)


Thai Royalists Make Risky Bet in Fresh Showdown With Thaksin

Patpicha Tanakasempipat
Sun, 16 June 2024 




(Bloomberg) -- Last August, former Thai leader Thaksin Shinawatra returned to his homeland after 15 years in exile following a deal with royalists who once ousted him in a coup. That marriage of convenience is now at risk of falling apart, potentially unleashing more political turmoil.

Members of Thaksin’s ruling Pheu Thai party aren’t sure whether that deal still holds, according to people familiar with the situation, who asked not to be identified discussing sensitive matters. While they are optimistic the government will survive, they won’t know for sure until courts decide on separate legal cases involving both Thaksin, who could be thrown in jail, and Prime Minister Srettha Thavisin, an ally who faces possible disqualification, the people said.

When that might happen is unclear. Thailand’s Constitutional Court plans to meet again on Tuesday to consider more evidence on a petition filed by 40 senators seeking to remove Srettha, 62, over allegations of ethical violations. On the same day, Thaksin, 74, is set to be indicted in a royal defamation case. The proceedings in both cases could move quickly or still drag on for months.

If that wasn’t complicated enough, the Constitutional Court is concurrently hearing a case on whether to disband the pro-democracy Move Forward party over its pledge to amend Thailand’s lese majeste law, which forbids criticism of King Maha Vajiralongkorn and other top royals. The party, which won the most seats in last year’s election, is seen as the biggest threat to the royalist establishment, and kneecapping it risks triggering more street protests.

“It would be improper of me to discuss what’s to come in the future,” Srettha told reporters in Bangkok last week when asked about the cases.

The uncertainty is rattling investors who once cheered the possibility that Thailand may finally see more political stability. Foreign funds have pulled more than $3 billion from local markets this year, sending the nation’s benchmark SET Index to a four-year low. It’s now the worst performer of all global bourses tracked by Bloomberg in the past year.

Thaksin so far has little to show from joining hands with his former enemies. Dissatisfaction is growing with Srettha’s government as it struggles to implement campaign pledges to hand out cash, help farmers deal with debt and raise the minimum wage, all while targeting annual economic growth of 5%. It has also sought to strong-arm the central bank into cutting interest rates to spur the economy, which the World Bank forecasts will fail to expand at an annual pace greater than 3% through 2026.

Why this is all happening now — and just how much the legal cases are connected — is the subject of much speculation in Bangkok. Thaksin’s opponents don’t have a clear path to forming a stable government unless they stage yet another military coup, a scenario that can’t be ruled out in a nation that has had about a dozen of them since ending absolute monarchy in 1932.

One theory is that the royalist establishment wants to rein in Thaksin, who has kept a high profile since he was freed from detention in February after King Vajiralongkorn commuted his eight-year jail sentence for corruption to just a year. Thaksin has been a constant presence on television, meeting with hordes of supporters, ministers and officials. He also attempted to broker a peace agreement in Myanmar and met with Malaysian leader Anwar Ibrahim in a bid to resolve a longstanding insurgency in southern Thailand.

Although Thailand’s conservatives may depend on Thaksin for now to counter Move Forward’s rapid rise in popularity, his ambitions are increasingly breaking trust with the establishment, according to Teerasak Siripant, managing director at BowerGroupAsia in Bangkok.

“Since Thaksin’s return, there were expectations from the establishment about what he should or shouldn’t do,” Teerasak said. “They had expected him to be behind the scenes, but that’s clearly not what’s happening. We’re seeing the same image that we have long had of him: he wants to be someone great in Thai society.”

While Thaksin’s royal pardon was the clearest sign of a behind-the-scenes deal, the terms of any agreement remain a mystery. Not much has fundamentally changed since Pheu Thai joined forces with royalist military-backed parties last year: Both still need each other to form a government that doesn’t include Move Forward, whose stronger-than-expected performance in last year’s election represented a slap in the face to the royalists — and a challenge to Thaksin’s electoral dominance.

Thaksin has strongly denied any wrongdoing, publicly blaming his lese majeste case on “the man in the forest” — a nickname referring to former army chief Prawit Wongsuwan, 78, who served as deputy junta leader after a 2014 coup that ousted the government of Thaksin’s sister, Yingluck Shinawatra. A party official deflected questions from reporters about Thaksin’s comment regarding Prawit, who now leads the conservative Palang Pracharath Party in the ruling coalition and has long headed the military’s Forest Preservation Foundation.

“The case is baseless — it’s fruit from a toxic tree,” Thaksin told reporters on June 8, in his first public comments about his legal troubles, which stem from remarks he made in 2015 in the wake of the military takeover. “It’s an example that shows how charges are abused after a coup.”

Thaksin’s remarks can be interpreted in a number of ways, the people familiar said: Either he’s confident the deal that brought him back to Thailand is still intact and he feels protected, or he’s sending a warning shot to the establishment that he’s ready to fight if they lock him up again, or that he’s looking for a scapegoat and signaling he’ll fall in line.

Thaksin similarly blamed Prawit for orchestrating the case against Srettha. The senators backing the petition came together on their shared frustrations over Thaksin, and some of them aim to pressure him into accepting a conservative leader, according to people familiar with the situation.

Although the petition was backed by a small fraction of the 250-member military-appointed Senate, it’s now one of several moving parts that could bring down the government. The senators who initiated the petition are betting that Thaksin would still keep the coalition together and reluctantly back a conservative for prime minister, because he doesn’t want to go to jail and still wants to bring his sister Yingluck, 56, back from exile.

But that is a big gamble. If Srettha is disqualified, only seven people are eligible to become prime minister, including Prawit. The two options from Thaksin’s camp are his 37-year-old daughter, Paetongtarn Shinawatra, and 75-year-old Chaikasem Nitisiri. Both are believed to be long shots: it’s unclear if Thaksin wants to expose one of his children to the messiness of Thai politics at the moment, while the latter has had serious health issues in recent years.

If it’s not someone from Pheu Thai, Thaksin could pull the party out of the coalition and seek to link up with Move Forward. Although there is bad blood between the parties, and that scenario remains unlikely, together they would control a majority in the lower house of parliament.

In that case, they would likely back 43-year-old Pita Limjaroenrat, an outcome the royalist establishment would want to avoid. That’s why the Move Forward dissolution case is so important: If the party is disbanded, Pita wouldn’t be able to stand as prime minister.

In a scenario in which Thaksin doesn’t support the conservatives and can’t form a government with Move Forward, it would likely lead to a fresh election. And given that anti-establishment parties won nearly 60% of seats in an election a year ago, that’s a risky proposition for the military-backed conservatives.

By going after Thaksin, the royalist elites got themselves into a conundrum, according to Thitinan Pongsudhirak, a professor of political science at Chulalongkorn University in Bangkok. The most likely scenario, he added, is that they let Thaksin off in the end.

“They don’t want Move Forward to be in government, but now they’ve got a Pheu Thai government that they are undermining directly,” Thitinan said. “They want to teach Thaksin a lesson. But it depends on how he responds.”

--With assistance from Philip J. Heijmans.

©2024 Bloomberg L.P.

Four Thai court cases that could spark political crises

Reuters Videos
Updated Mon, 17 June 2024



STORY: Thailand is facing a critical week of four court cases that could unleash a political crisis, with the fate of the prime minister and the main opposition hanging in the balance.

Thai politics has been defined by decades of struggle between its military-supported, conservative-royalist establishment clashing with populist parties like those backed by Thaksin Shinawatra and now a new, and progressive, opposition.

Each case this week is wrapped up in that tension.

Here's what you need to know about them.


:: How is the Prime Minister involved?

Prime Minister Srettha Thavisin has been accused by a group of conservative senators of breaching the constitution when he appointed a former lawyer with a conviction record to his cabinet.

He denies wrongdoing.

He only took power in August, but could face dismissal if the Constitutional Court rules against him.

If he is removed from office, a new government must be formed.

The court will likely announce the next hearing or verdict date on Tuesday (June 18).

:: The case against the former premier

Thaksin Shinawatra, the influential former premier who was ousted in a 2006 military coup, is to be formally indicted Tuesday in a Bangkok criminal court on several charges, including allegedly insulting the monarchy in a 2015 interview.

Criticism of the monarchy is forbidden under Thailand's tough lese-majeste law, which carries a maximum jail sentence of up to 15 years for each perceived royal insult.

After the indictment, the court will then decide whether or not to grant bail to the 74-year-old billionaire politician, who denies wrongdoing.

:: Opposition under threat?

Another case could lead to the dissolution of the progressive Move Forward party.

The opposition party holds 30% of seats in the lower house after winning last year's closely-fought election but was blocked by conservative lawmakers from forming a government.

The Constitutional Court is considering an Election Commission complaint that alleges the Move Forward party breached the constitution with an attempt to reform the country's royal insult law.

The party denies any wrongdoing.

The court is expected to announce the next hearing or verdict date on Tuesday.

:: What about the Senate election?

The Constitutional Court will also rule on Tuesday on a petition challenging the legality of the process to select a new 200-member Senate.

If the process is canceled or delayed, it would temporarily extend the term of the current Senate, which was hand-picked by the military after the 2014 coup.

Military-appointed lawmakers have been central in determining government formation, including last year’s maneuver to block Move Forward from forming a government.

Thailand's ex-PM Thaksin Shinawatra indicted for defaming monarchy

NEWS WIRES
Tue, 18 June 2024 at 12:05 am GMT-6·1-min read




Former Thai Prime Minister Thaksin Shinawatra was granted release on bail hours after he was formally indicted Tuesday on a charge of defaming the country's monarchy in one of several court cases that have unsteadied Thai politics.

Thaksin, an influential political figure despite being ousted from power 18 years ago, reported himself to prosecutors Tuesday morning and was indicted, Prayuth Bejraguna, a spokesperson for the Office of the Attorney General, said at a news conference.

A car believed to be carrying Thaksin arrived at the Criminal Court in Bangkok but he did not come out to meet reporters. His lawyer Winyat Chatmontree told reporters that Thaksin was ready to enter the judicial process.

A few hours later, the Criminal Court said Thaksin's bail release was approved with a bond worth 500,000 baht ($13,000) under a condition that he cannot travel out of Thailand unless he receives permission from the court. The same car left the court shortly after without Thaksin being seen.

The law on defaming the monarchy, an offense known as lese majeste, is punishable by three to 15 years in prison. It is among the harshest such laws globally and increasingly has been used in Thailand to punish government critics.

Thaksin, now 74, was ousted by an army coup in 2006 that set off years of deep political polarization. His opponents, who were generally staunch royalists, had accused him of corruption, abuse of power and disrespecting then-King Bhumibol Adulyadej, who died in 2016.

(AP)


Thaksin, Thai PM Caught Up in Legal Cases as Crisis Deepens

Anuchit Nguyen, Pathom Sangwongwanich and Janine Phakdeetham
Tue, 18 June 2024 at 1:40 am GMT-6·4-min read



(Bloomberg) -- Former Thai leader Thaksin Shinawatra faces a trial in a royal insult case while a top court ordered his ally and Prime Minister Srettha Thavisin to submit more evidence in a case seeking his ouster, deepening a political crisis that’s gripped the Southeast Asian nation.

Thaksin, a two-time former prime minister and the de facto leader of the ruling Pheu Thai party, was arraigned under Thailand’s stringent lese majeste law that protects the royal family from criticism. The 74-year-old politician was granted bail after his lawyer posted a 500,000 baht ($13,590) bond.

Read: Thai Royalists Make Risky Bet in Fresh Showdown With Thaksin

Hours after Thaksin was indicted, Thailand’s Constitutional Court asked Srettha — who heads the Pheu Thai-led coalition government — to furnish more documents and evidence in the case seeking his removal. This was in relation to allegations of ethics violations in appointing a cabinet minister who spent time in prison.

While the outcomes of the cases are far from certain, the litigations pose risks to Srettha’s government that was formed in the aftermath of last year’s messy general election. They also signal the possible unraveling of a deal that saw Pheu Thai and a clutch of pro-royalist and military-aligned parties joining hands to take power and paved the way for Thaksin’s return from a 15-year exile.

The political uncertainty have rattled Thailand’s financial markets, prompting foreign investors to pull almost $4 billion from the nation’s stocks and bonds. The benchmark SET Index of stocks has slumped to a near four-year low, ranking it the worst-performer of all global bourses tracked by Bloomberg in the past year, while the baht is Asia’s worst performer after the Japanese yen this year.

“Rising political risks have dampened any investor optimism about Thailand’s quick economic recovery,” said Varorith Chirachon, an executive director at SCB Asset Management Co. “The lingering legal cases against Srettha and key political parties will probably derail government’s attempts and focus in implementing much-needed economic policies and stimulus.”

The Thai stocks index pared gains in the afternoon session when it got a chance to react to court news. It ended morning session 1% higher but is now down 0.6%.

The charges against Thaksin, 74, stem from an interview he gave in Seoul in 2015 that prosecutors deemed had breached Article 112 of Thailand’s penal code. It carries a maximum jail term of 15 years for each offense of defaming the monarchy.

The attorney general last month decided to indict Thaksin, saying there was enough evidence to press ahead with a trial. Thaksin has rejected the charges and his lawyer has vowed to contest the case in the court.

“The case is baseless — it’s fruit from a toxic tree,” Thaksin told reporters on June 8, in his first public comments about his legal troubles, which stem from remarks he made in 2015 in the wake of the military takeover. “It’s an example that shows how charges are abused after a coup.”

The court seized Thaksin’s passport and ordered him to be present on Aug. 19 when it will begin scrutinizing the evidence in the case.

Thaksin is currently on parole after being sentenced in corruption cases. He’s due to walk free after his royally commuted jail term ends in August.

He held the country’s top political office from 2001 until being ousted in a 2006 coup. His sister Yingluck Shinawatra, whose government was overthrown by a coup, remains in exile after leaving Thailand in 2017 before a court sentenced her to five years in prison for dereliction of duty over a controversial rice purchase program.

Srettha’s Troubles

The legal trouble for Srettha meanwhile arises from a petition by a group of 40 senators who alleged “serious violation of ethical standards” in the April appointment of Pichit Chuenban, a former lawyer for the influential Shinawatra family. Pichit was not qualified to become a minister after being sentenced to six months in jail in 2008 for attempting to bribe court officials while representing Thaksin, according to the senators.

Although Pichit resigned from the cabinet last month, saying he wanted to save Srettha from any legal troubles, it hasn’t stopped the court from probing the accusation against the prime minister. Srettha has said he was confident he could weather the court scrutiny, adding that his decision to appoint Pichit followed the law.

Srettha now has 15 days to furnish fresh evidence. The court will review the case again on July 10.

The constitutional court will also resume hearing a case on whether to disband the pro-democracy Move Forward party over its pledge to amend Thailand’s lese majeste law on July 3, it said in a statement. The party, which won the most seats in last year’s election, is seen as the biggest threat to the royalist establishment.

Move Forward has said it plans to “fight tooth and nail” against the dissolution threat, saying its loss would amount to an attack on democracy.

 Bloomberg Businessweek



Wednesday, May 29, 2024

ABOLISH  Lese-majeste 
ABOLISH MONARCHY

Former Thai PM Thaksin to be Charged With Royal Defamation


The pact between Thaksin’s camp and the royalist establishment, which allowed the former leader to return from self-exile last year, may be starting to fray.


By Sebastian Strangio
May 29, 2024

A supporter waits in front of former Thai Prime Minister Thaksin Shinawatra’s residence before Thaksin was released on parole, Sunday, Feb. 18, 2024, in Bangkok, Thailand.Credit: AP Photo/Wason Wanichakorn


Thailand’s former Prime Minister Thaksin Shinawatra will be charged with defaming the country’s monarchy Thai prosecutors said this morning, three months after the leader was released on parole in another criminal case.

“The attorney-general has decided to indict Thaksin on all charges,” spokesperson Prayuth Bejraguna told reporters. Thaksin was absent from today’s hearing due to a COVID-19 infection, but will need to appear before court on June 18 to be formally indicted, Prayuth added.

The lese-majeste complaint was filed by royalist activists in 2016, relating to an interview that Thaksin gave the year before to South Korea’s Chosun Ilbo newspaper, in which he alleged that the Privy Council had backed the May 2014 coup which ousted his sister Yingluck Shinawatra’s government.

Perceived criticisms of the Thai monarchy are harshly punished under Article 112 of Thailand’s penal code, also known as the lese-majeste law, which carries prison sentences of up to 15 years – and which government critics claim has been routinely used to hush up dissenting voices.

As Reuters notes, Thaksin’s case will be the highest-profile case among more than 270-odd Article 112 prosecutions working their way through the Thai legal system. Just this week, two separate Thai courts sentenced an opposition parliamentarian and an activist musician to prison terms for insulting the monarchy. Thaksin also faces a charge under the Computer Crime Act.

In a country where judges routinely bend with the political winds, the attorney-general’s decision to press ahead with the lese-majeste charge points to possible cracks in the political compact that has led to Thaksin’s political rehabilitation and comeback over the past nine months.

Last August, Thaksin returned from a long period of self-exile to begin serving a prison term for abuse of power dating back to his time in office. After the rapid dilution of his eight-year sentence, he was released on parole in February.

The former leader’s rehabilitation reflected a sudden détente in the two-decade-long political war between Thailand’s conservative establishment, clustered around the monarchy and armed forces, and Thaksin’s populist political machine, which carried his parties to victory in every election between 2001 and 2019.

This was made possible by the political realignment in that followed last year’s general election, which saw Pheu Thai eclipsed by a more progressive challenger, the Move Forward Party (MFP), which won the most seats of any party. In the complex political maneuverings that followed the election, the MFP was sidelined as Pheu Thai joined with a coalition of conservative and military-backed parties and formed a government under Srettha Thavisin. The former real estate developer was on confirmed as PM the very same day that Thaksin landed at Bangkok’s Don Meuang airport.

Under the terms of this political compact, Thaksin’s eight-year prison dissolved away; after receiving a royal pardon, he ended up serving barely six months, all of it in a relatively plush private suite at a prison hospital. (This former public enemy number one did not spend a single night in prison proper.) Conversely, the fact that attorney general has now decided to charge him under Article 112 suggests that this political compact between Pheu Thai and the establishment is fraying, if it hasn’t come apart entirely.

Thaksin has arguably not done his own cause any good. Since being paroled in February, the former leader has almost contemptuously asserted his influence over Thai politics. As The Diplomat’s Bangkok-based columnist Tita Sanglee noted earlier this month, the 74-year-old has “wasted no time traveling to major provinces in Thailand’s north and south. He was seen visiting development sites and mingling with political bigwigs, high-ranking local officials, and businesspeople, effectively flaunting his regained influence.” He also made an apparently stillborn attempt to establish himself as a mediator in the conflict in Myanmar, and is believed to have influenced a disruptive cabinet reshuffle earlier this month.

It is possible that the tribunes of the military-royalist establishment, including the Palace, have been angered by Thaksin’s political activities and his rapid return to active politics. It is also possible that many were never quite able to get over years of cultivated bitterness toward Thaksin and his allies.

Whether or not this marks a resumption of the war between the Shinawatras and the establishment remains to be seen – but the course of the lese-majeste case against Thaksin will likely offer a strong indication.




Monday, April 29, 2024

Lèse-majesté -
Thai court adds jail time for rights lawyer who urged monarchy reform


Arnon Nampa, a prominent activist and former human rights lawyer, flashes a three finger salute as he arrives ahead of a Thai criminal court's verdict in a case of allegedly having insulted the monarchy, at the criminal court in Bangkok, Thailand, September 26, 2023.

 REUTERS/Athit Perawongmetha/File Photo

APR 29, 2024, 03:10 PM

BANGKOK - A Thai court sentenced a prominent jailed activist lawyer on Monday to a further two years in prison for royal insults relating to a speech he made at a 2021 protest, his lawyer said.

Human Rights lawyer Arnon Nampa, 39, was handed a jail sentence of two years and 20 days and a fine of 100 baht ($2.70) for royal insult, breaching of an emergency decree and other charges for making a speech at a political rally in 2021, his lawyer Junjira Junpaew told Reuters.

"Arnon denied all wrongdoing," Junjira Junpaew said, adding that his legal team will appeal the sentencing.

Arnon is currently serving eight years in prison for two royal insult convictions, one stemming from a speech at a political rally in 2020 and another from a social media post in 2021. He has been in prison since September last year.

The latest sentence was ordered to run consecutively which means Arnon will now serve 10 years and 20 days, according to legal aid group Thai Lawyers for Human Rights.

Thailand's lese-majeste law, one of the world's toughest, protects the monarchy from criticism and carries a maximum jail sentence of up to 15 years for each perceived royal insult.

Monday's verdict is the third of 14 cases against Arnon, a lawyer-turned-protest leader of youth-led democracy movement that held protests in Bangkok in 2020, calling for reform of the monarchy.

At least 272 people have been charged with lese-majeste offences since 2020, according to Thai Lawyers for Human Rights.

 REUTERS

POP CULT TRUE FACT: GEN Z PROTESTERS ADOPTED THE THREE FINGER  SALUTE FROM THE HUNGER GAMES

Wednesday, January 24, 2024

Thai court clears, reinstates reformist ex-PM candidate Pita as lawmaker

Thailand's Constitutional Court on Wednesday cleared reformist political leader Pita Limjaroenrat in a case that could have seen him banned from parliament, and reinstated him as an MP.


Issued on: 24/01/2024 -
Former Thai prime ministerial candidate and ex-Move Forward Party leader Pita Limjaroenrat speaks to the media as he arrives at the Constitutional Court in Bangkok on January 24, 2024. © AFP

The 43-year-old led the progressive Move Forward Party (MFP) to win the most votes in last year's general election, but was blocked from becoming prime minister after he was suspended as an MP in July.

His party was excluded from the governing coalition after the powerful establishment was spooked by the MFP's calls to reform the kingdom's strict royal insult laws, the military and business monopolies.

The Constitutional Court on Wednesday ruled by eight votes to one that Pita had not broken rules banning members of parliament from owning shares in media companies.

The case revolved around shares in the long-defunct ITV television station, which Pita says he inherited from his father when he died


"ITV was not operating as media company on the day the party submitted the respondent's name for election," judge Punya Udchachon said in reading the court's verdict in the case.

Read moreLegacy of 2014 coup haunts Thai reformist’s bid for PM

"Holding the shares did not violate the law. The court has ruled his MP status has not ended."

There were jubilant scenes outside the court as dozens of MFP supporters wearing the party's orange colours cheered and chanted "PM Pita".

As he arrived for the hearing earlier, Pita said he was confident of the outcome and thanked MFP supporters.

"No matter the result I will still be working for the people," he said.

"It's only a detour. Regardless of the verdict we will continue fighting."

Even before the ruling, the media-savvy politician insisted he would run for office again -- but if the court had ruled against him, he would have faced disqualification from parliament altogether.

He reiterated in an interview with AFP late last year that he would take another tilt at the premiership, saying he was "not giving up".
Establishment fightback

Pita's case bore similarities to a 2019 case, when popular progressive Thai politician Thanathorn Juangroongruangkit was disqualified as an MP for holding media shares.

Thanathorn's Future Forward party, the predecessor of the MFP, was later dissolved by the courts in a separate case which led to massive pro-democracy demonstrations.

During the 2023 election campaign, Pita re-energised young and urban Thais exhausted after the dwindling protest movement and weary of a near-decade of military rule.


Mostly written off by commentators, MFP surprised the establishment when they beat the Pheu Thai party of veteran political playmaker and former premier Thaksin Shinawatra into second place in May.

MFP's pledges to reform Thailand's strict royal insult laws, as well as plans to break up business monopolies and take on the military's influence in politics, spurred the kingdom's elites into action behind the scenes.

Pita was blocked by senators -- appointed by the last junta -- from becoming prime minister, and Pheu Thai formed a coalition that included pro-military parties but shut MFP out of government.

Educated in Thailand and at Harvard, the former Grab executive was drawn into politics in 2018 when he joined Future Forward. He stepped down as MFP leader in September.

Another challenge looms for his former party next week when the Constitutional Court will consider a petition arguing that the MFP's pledge to reform lese-majeste laws amounted to an attempt to overthrow the democratic government with the king as a head of state.

(AFP)

Thursday, December 14, 2023

ABOLISH LIEGE MAJESTY
A newly elected progressive Thai lawmaker is sentenced to 6 years for defaming the monarchy
ABOLISH MONARCHY
JERRY HARMER
Updated Wed, December 13, 2023 


Parliament member Rukchanok Srinork of Thailand's opposition Move Forward party arrives at criminal court for the verdict for allegedly violating the lese majeste law in Bangkok, Thailand, Wednesday, Dec. 13, 2023. A court in Thailand convicted and sentenced Wednesday the recently elected lawmaker to six years in prison for defaming the monarchy under a controversial law that guards the royal institution. 
(AP Photo/Sopha Saelee)
ASSOCIATED PRESSMore


BANGKOK (AP) — A court in Thailand convicted and sentenced a recently elected lawmaker Wednesday to six years in prison for defaming the monarchy under a controversial law that guards the royal institution.

Human Rights Watch decried the ruling, saying it “violated her rights to freedom of expression protected under international human rights law.”

Rukchanok Srinork arrived for her court hearing in the capital, Bangkok, as her fellow lawmakers were convening in Parliament.

“I submitted a request to postpone (the hearing) because today the new parliament convenes for its first session, but the court refused. So I came to hear the verdict," she told reporters, standing next to her party leader who was there to lend support.

She was charged over two posts she allegedly shared two years ago on X, the social media platform then known as Twitter. One tweet reportedly defamed the monarchy over links to a coronavirus vaccine and an anti-monarchy quote by 18th-century French philosopher Denis Diderot was allegedly retweeted.

Rukchanok was sentenced to three years on each count under Article 112 of Thailand’s Criminal Code, known as lese majeste, which protects the monarchy. She was also convicted under the Computer Crime Act, whose broad provisions covering online activities have been criticized as a threat to freedom of expression.

Late Wednesday, the court granted her release on bail of 500,000 baht ($14,200). If it had been denied, she would have lost her lawmaker status immediately.

The parliamentarian denied she posted the tweets, calling the case against her “weak.” The plaintiff reportedly provided screenshots of the posts, but the police couldn't find the links.

Rukchanok, 29, won a seat in May’s general election, part of a surprise victory for the progressive Move Forward Party that shook Thai politics. The win did not translate into power due to the party being ultimately out-maneuvered by influential conservative forces. She was initially a defender of the conservative establishment before switching sides and joining the progressive movement.

“The prosecution of an opposition member of parliament for two tweets is not only an appalling violation of free expression, but sends a chilling message to other outspoken opposition party members to keep silent,” Elaine Pearson, Asia director at Human Rights Watch, said Thursday in an emailed statement. “The Thai authorities should quash this sentence, and cease prosecuting other cases under the lese majeste law.”

Critics say the lese majeste law is often used to suppress political dissent. The law makes insulting the monarch, his immediate family and the regent punishable by up to 15 years in jail.

The monarchy and the laws that protect it have come under pressure in recent years. In 2020, tens of thousands of predominantly young people marched in several Thai cities, demanding constitutional reform and the abolition of the law against royal defamation. The government's response was an unprecedented slew of prosecutions.

The advocacy group Thai Lawyers for Human Rights says that since early 2020, more than 200 people — many of them student activists — have been charged with violating Article 112.

___

This story corrects the date Rukchanok Srinork was granted bail. It was Wednesday, Dec. 13, not Dec. 6.