SWISS OFFER LESE MAJESTE SURVIVAL GUIDE

UNCLAS SECTION 01 OF 02 BANGKOK 003154

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PREL PHUM CASC TH
SUBJECT: SWISS OFFER LESE MAJESTE SURVIVAL GUIDE

REF: BANGKOK 2074 (THAILAND VS. YOUTUBE)

SUMMARY
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1. (SBU) The recent arrest and subsequent pardon of a Swiss
national accused of offending Thailand's revered King
Bhumipol Adulyadej -- a serious crime in a country where the
monarch wields great moral authority -- provided a rare
window into the reaction of the palace to incidents of lese
majeste. Swiss officials in Thailand believe their
restrained response to the arrest, in spite of their public's
demand for strong action, contributed to the
sooner-than-expected release of their citizen. The Swiss
experience with Thailand's lese majeste laws informs a
possible USG response should an AmCit be charged with lese
majeste in the future. The recent decision to drop similar
charges against former Prime Minister Thaksin Shinawatra
indicates that the palace is sensitive to the possible abuse
of lese majeste laws to achieve political ends. End Summary.

FRIENDS DON'T LET FRIENDS SPRAY-PAINT DRUNK
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2. (U) On March 30, 57-year old Swiss national Oliver Jufer
was sentenced to ten years imprisonment after being convicted
on lese majeste charges. Surveillance cameras caught him
spraying black paint over five outdoor posters of King
Bhumipol Adulyadej on December 5, 2006 (the King's birthday)
in the northern city of Chiang Mai. Jufer admitted to being
drunk at the time and was reportedly angry that new laws
limiting the times when alcohol can be sold prevented him
from buying beer. The King pardoned Jufer on April 12, and
he was subsequently expelled from the country.


3. (U) In Thailand the crime of lese majeste -- committing an
offense against the dignity of the monarchy -- carries a
possible sentence of 15-years imprisonment per offense.
Jufer had faced a sentence of 75 years on 5 counts of lese
majeste, but the judge reduced his sentence to 10 years as
Jufer had confessed to the crime. Sentences for lese majeste
are typically hortatory in nature and offenders are normally
pardoned by the king. Nevertheless, as evidenced by the
recent ban of the popular web site YouTube (see reftel),the
overwhelming popularity of the Thai sovereign compels the
authorities to act should someone publicly slight the King or
his family.

RAPID ROYAL PARDON SHOCKED THE SWISS
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4. (SBU) According to Swiss Embassy Minister Jacques Lauer,
who helped coordinate the Swiss response to Jufer's arrest,
the Swiss government was surprised by how rapidly the King
pardoned Jufer -- a mere 13 days following his conviction and
before Jufer had even filed an appeal or requested a royal
pardon. Lauer indicated they had expected the King would
follow tradition and wait until his 80th birthday, eight
months later, to pardon Jufer and others accused of lese
majeste. Lauer noted that Thai prison officials provided
Swiss consular officials full access to Jufer.

IN CASE OF EMERGENCY, KEEP QUIET
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5. (SBU) Minister Lauer credited Jufer's speedy pardon to a
Swiss decision to not antagonize Thai officials by making
public comments, an action that may have provoked a backlash
due to the public adoration of the King. Lauer claimed that
intense international media attention and the public clamor
in Switzerland for Jufer's release made it difficult to
balance the need to avoid offending their Thai interlocutors
while appearing proactive in the eyes of the Swiss public.
While historically relatively few foreigners have been
accused of lese majeste, Lauer cautioned that should an AmCit
be detained for lese majeste charges, any public criticism or
appeals by USG officials would be tantamount to "throwing oil
on the fire".

LESE MAJESTE AS A POLITICAL TOOL

BANGKOK 00003154 002 OF 002


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6. (SBU) An accusation of lese majeste has proven to be a
formidable weapon in the Thai political arsenal. The leaders
of Thailand's September 2006 coup partially justified their
putsch by claiming deposed Prime Minister Thaksin Shinawatra
had defamed the monarchy. The public prosecutor dropped lese
majeste charges against Thaksin only one day prior to the
King's pardon of Jufer. Whether the two incidents are
related remains unclear, but it is possible the palace does
not want charges of lese majeste to become either a political
tool or an irritant to bilateral relations with other
nations. The King's preexisting public statement that he
will pardon anyone convicted of lese majeste and the
sooner-than-expected release of Jufer seem to indicate that
the palace is uncomfortable with the strict application of
lese majeste laws.

COMMENT
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7. (SBU) While the palace enjoys great moral authority in
Thailand and the King is the subject of near universal
adulation, palace officials seem reluctant to let lese
majeste be used as a tool to punish those who are accused of
defaming the monarch. The palace appears quite sensitive to
the possibility that lese majeste could be abused by
non-palace actors to achieve their own ends. If an AmCit
were to be charged with lese majeste, it is likely that a low
key approach outside the public eye would stand the best
chance of success in getting him or her out of custody and
out of Thailand.
BOYCE