OPPOSITION MEMBER OF PARLIAMENT FACES LESE MAJESTE

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 001774

SIPDIS

DEPARTMENT FOR EAP/BCLTV

E.O. 12958: DECL: 03/10/2015
TAGS: PGOV PHUM TH
SUBJECT: OPPOSITION MEMBER OF PARLIAMENT FACES LESE MAJESTE
CHARGES


Classified By: Political Counselor Robert J. Clarke, Reason: 1.4, (b)


1. (U) Summary. A respected opposition Member of Parliament
(MP),Khunying Kallaya Sophonpanich, has been summoned for
questioning by Thai police on charges of lese majeste. Four
others were questioned, including Democrat Party
parliamentary candidate Thanom Onkhetpol, who lost in the
February 6 general election, and three party workers. The
charges are based on a complaint filed by the government Thai
Rak Thai (TRT) Party candidate who opposed Thanom and who
reported to police in mid-January that Democrat Party (DP)
campaign stickers reportedly used by Thanom illegally quoted
Thailand's revered King and Queen. End Summary.


2. (U) On March 8, Khunying Kallaya Sophonpanich, Thanom
Onkhetpol and three Democrat Party workers appeared at the
Metropolitan Bangkok Police Division 1 at the request of the
police and public prosecutor, who are investigating lese
majeste charges filed against them by Thai Rak Thai MP Sita
Divari. The accused appeared with former DP Party Leader
Banyat Bantadtan, who recently stepped down following his
party's defeat in February 6 general elections. Also present
was DP MP and prominent defense attorney Phichet
Phanvichartkul. (Note: The DP won only 96 of the total 500
seats in the lower house of Thailand's Parliament. The
ruling TRT party won 377. End note.)


3. (U) Under the Penal Code of Thailand, "Whoever defames,
insults or threatens the King, the Queen, the Heir-apparent
or the Regent shall be punished with imprisonment of three to
fifteen years." The charges in this case are based on
campaign stickers (reportedly similar in size to a US style
bumper sticker) printed and paid for by the local office of
the DP in Bangkok's Klong Toey constituency. Three quotes are
used in the stickers, according to newspaper accounts. The
first is an excerpt from a speech given by Queen Sirikit,
"Poverty is no disgrace, while evil and fraud are disgusting
and disgraceful." The other two excerpts are from speeches
given by King Bhumibol. "The richer people are, the more they
cheat," and "Anyone who cheats (or is corrupt),even just a
little bit, may that person be cursed." The complaint by MP
Sita apparently alleges that the DP did not receive
permission to print the quotes and that the DP is using the
revered words of the monarchy for political gain. Khunying
Kalaya is accused of ordering the printing and distribution
of the stickers in the role of senior politician assisting
the campaign of Thanom.


4. (U) It's unclear to most legal experts how this can be
construed as defaming the monarch as the quotes are taken
from public speeches and there is no prohibition on quoting
the King or Queen in public. Initial news reports indicated
that the stickers actually had no political party
identification, although Poloffs have never seen the stickers
or even pictures of them. In fact the stickers have never
been shown up close in public, since anyone who now shows the
stickers could also be accused of lese majeste. The police
stated they had already interviewed 18 witnesses before
questioning the accused. After taking statements of the 5
persons named in the complaint, the public prosecutor could
now decide whether to ask the police to issue arrest
warrants. In that case, Khunying Kalaya would be immune from
arrest during parliamentary sessions.


5. (U) Khunying Kalaya, who had the title of "Khunying"
bestowed on her over 10 years ago in part in recognition of
her philanthropic works through Royally-sponsored projects
for children's' books and encyclopedias, appears undeterred
in her efforts to fight the charges. During a local
television interview on the front steps of the police station
where she was interrogated, Khunying Kalaya stated, "I will
be put in prison or even die in order to uphold justice and
the preservation of a true constitutional monarchy."
Democrat party leader Abhisit Vejjajiva earlier pledged to
cooperate with the investigation but expressed concern that
evidence used by the police had not been presented to the
Democrat Party or their lawyers in order to help them mount a
fair defense.


6. (C) Comment: Use of this arcane but very important tenet
of Thai criminal law by a government parliamentary candidate
for political retribution is disturbing. This tactic, which
likely had to be approved at the highest levels of TRT
leadership to proceed this far, seems unnecessary and
vindictive after the TRT electoral landslide and surprise
sweep of the MP constituency races in Bangkok. We are
watching closely as someone clearly dedicated to Thailand's
revered monarch and to public service is drawn into a legal
spectacle. Privately, many Thais have expressed to us their
hope that Khunying Kalaya's palace connections will find a
way to have the charges dropped. End comment.

BOYCE