FURTHER LESE MAJESTE ACCUSATIONS IN THAILAND

C O N F I D E N T I A L SECTION 01 OF 03 BANGKOK 002344

SIPDIS

DRL FOR BUCKLEY

E.O. 12958: DECL: 08/01/2018
TAGS: PHUM PGOV KPAO TH
SUBJECT: FURTHER LESE MAJESTE ACCUSATIONS IN THAILAND
UNDERLINE SENSITIVITY OF ROYAL DISCUSSION

REF: A. BANGKOK 01949 (LEADING UNIVERSITY)

B. BANGKOK 01662 (LESE MAJESTE ACCUSATIONS)

Classified By: Deputy Chief of Mission James F. Entwistle, reason 1.4 (
b) and (d).

SUMMARY
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1. (C) Three high-profile political activists, including two
co-leaders of the People's Alliance for Democracy (PAD),have
been recently charged with lese majeste. The two PAD figures
were not detained; the third, an anti-PAD activist, was
arrested for making strikingly blunt comments against the
monarchy, and the police obtained Court approval to detain
her for 12 days while investigating her case. Political
allegiances appear to be motivating these latest allegations.
The new charges reflect the tendency of both sides in the
polarized environment to use lese majeste provisions against
their opponents. Activist Chotisak Onsoong, already charged
with lese majeste for refusing to stand for the royal anthem,
expressed concerns about his safety to us; a law firm
recently ended its assistance to one of Chotisak's
co-defendants, telling us lese majeste cases were too
"sensitive." End Summary.

KEY POLITICAL ACTIVISTS CHARGED: DARANEE, SONDHI, SOMKIAT
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2. (C) On July 22, the Metropolitan police arrested and
imprisoned without bail activist Daranee Charnchoengsilpakul,
who is also known as 'Da Torpedo' for her high-octane
speeches critical of the People's Alliance for Democracy
(PAD). The lese majeste charges against Daranee stem from
speeches at anti-PAD rallies on July 18 and 19, in which she
implied that King Bhumibol was involved in the unusual death
of his brother, King Ananda Mahidol; urged Thailand to follow
the example of Nepal in abolishing the monarchy; and
suggested that the aging King relied on Privy Council
President Prem Tinsulanonda to make his decisions.


3. (C) The media reported police officials refused bail for
Daranee out of concern for her safety, stating that her
remarks could prompt violent attacks by the public. The
police also added that, unlike some others charged with lese
majeste, she did not turn herself in voluntarily. The police
announced Daranee will be detained for 12 days while they
investigate her case. (The police can normally detain
suspects under arrest for up to 48 hours during the
preliminary investigation; in Daranee's case, the police
received an extension from the court to detain her for 12
days.)


4. (C) Press reports have claimed Daranee is a leading member
of the United Front of Democracy Against Dictatorship (UDD),
a pro-Thaksin group that has clashed with PAD and also
organized a violent demonstration in July 2007 in front of
the residence of Privy Council President Prem. Daranee's
affiliation with UDD remains unclear; she has at times led
rallies collocated with UDD's, but both UDD and PAD figures
told us she has no formal affiliation with UDD. UDD
supporter Charan Ditthaphichai told Poloff Daranee's
offensive language and constant "bashing of the monarchy"
were bound to get her into trouble.


5. (C) PAD leader and Manager Media owner Sondhi Limthongkul
was charged with lese majeste on July 23 when he recirculated
Daranee's remarks at a PAD rally and via his online media
outlet. Sondhi expressed anger that the police moved so
quickly to investigate the charges against him, noting their
slower pace on the investigation into lese majeste charges
against former Minister Attached to the Prime Minister's
Office Jakrapob Penkair. After responding to the charges by
reporting to the police, Sondhi was released the same day on
bail. His case is pending further investigation.


6. (C) Meanwhile, Democrat Party legislator and core PAD
leader Somkiat Pongpaiboon was also charged on July 16 with
lese majeste for erroneously referring during a PAD rally to

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a school built under the patronage of King Bhumibol as one
built with the support of Cambodian PM Hun Sen. The Deputy
Spokesman of the People's Power Party (PPP) filed the charges
against Somkiat, and the Criminal Court immediately approved
the police's request to issue a warrant for his arrest.
Somkiat reported voluntarily to the police station on the
same day and used his position as Democratic Member of
Parliament to secure his release without payment of bail.
Somkiat told Poloff that his remarks stemmed from the
school's attempts to stifle a PAD rally and were meant to
reflect that the school was pro-Thaksin, and therefore, by
association, pro-Hun Sen.


7. (C) PAD spokesman Suriyasai Katasila criticized police
officials for their brash investigation of Somkiat and
accused them of political bias. Suriyasai noted that the
police have been much slower in pursuing lese majeste charges
filed by PAD members against associates of former Prime
Minister Thaksin. However, the police have pointed publicly
to the arrest of Daranee as proof that they did not unfairly
target PAD leaders. Somkiat told us that the police wanted
to prove that they were loyal to the palace and thus were
very efficient in pursuing his case. Somkiat has been
involved in various legal actions; in total, he faces eight
criminal charges and one civil lawsuit, including this most
recent charge of lese majeste.

ACCUSATIONS AMOUNT TO TIT-FOR-TAT
--------------


8. (C) Activist and UDD supporter Charan Ditthaphichai blamed
the new round of lese majeste charges on PAD's initial use of
the law three years ago, when Sondhi sought to portray
himself and his anti-Thaksin allies as defenders of the King.
PAD co-leader Somkiat agreed with Charan's view, saying that
lese majeste provisions were being used by both sides in the
current polarized political environment, and a cycle of lese
majeste charges and retaliation had begun. Referring to the
recent lese majeste charges against Sondhi, Somkiat told
Poloff: "it's a tactic, a matter of fighting, and what they
use, we will use."

CRITICISM OF THE MONARCHY ON RADIO, WEB
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9. (C) UDD activist Charan, a former communist who has
expressed his distaste for monarchies in a controversial book
on the French revolution, told us he was surprised by what he
perceived as an increasingly open expression of anti-monarchy
sentiment, such as Daranee's. He said "many Thais are like
her now... online, in coffee shops, and on community radio."
The King, he said, is being heavily criticized in public, by
the public, for the first time in modern history. He claimed
to have heard many community radio programs in which people
phoned in to complain that the monarchy had supported past
coups, and many callers viewed the monarchy as an obstacle to
democracy in Thailand. PAD co-leader Somkiat also told us he
had noticed a proliferation of anti-monarchy websites,
starting in 2005, and he also referred to the widespread
availability of video discs that show the Crown Prince's
Royal Consort, Srirasmi, semi-nude.


10. (C) We discussed Thai sentiment toward the monarchy with
Chulalongkorn University professor of history Suttachai
Yimprasoet. Suttachai himself was recently accused by PAD
co-leader Sondhi Limthongkul of running an anti-monarchy
website. Although Suttachai told us Sondhi was unable to
produce any evidence linking him to the website in question,
the accusation made Suttachai more cautious about how he
referred to the monarchy during his classroom lectures.
Suttachai emphasized that, despite Charan's claims of
criticism of the monarchy on community radio and websites,
discussion of the royal family remains highly sensitive.

REPORTS OF VIOLENCE SCARE ACTIVIST
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11. (C) Following media reports of a PAD fatality during a
political demonstration in Udorn Thani (septel),activist

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Chotisak Onsoong contacted us on July 25, expressing fear for
his safety. He and his girlfriend, Songkran Pongbunjan
(protect),who currently face lese majeste charges, worried
that the recent clashes between UDD and PAD supporters could
intensify. Chotisak felt at risk, given that the PAD had
been publicly hostile toward him after he was charged with
lese majeste for refusing to stand when the royal anthem was
playing in a movie theater. He said that he no longer used
the Bangkok subway, sky train or air conditioned buses, since
he believed those to be frequented by "middle-class PAD
supporters." He instead used regular buses or taxis. His
fears were further elevated after someone recognized him at a
restaurant near Thammasat University, resulting in a heated
confrontation.


12. (C) Songkran, Chotisak's co-defendant in their lese
majeste case, had been receiving pro bono assistance from a
lawyer employed by Legal Work Co., a Bangkok-based private
law firm. Kitcha Ali-Ishoh, Managing Director of the firm,
recently told Poloff that he had directed the lawyer to stop
working on Songkran's behalf, however. He said he considered
lese majeste to be "too sensitive" and even more "dangerous"
than high-profile cases involving alleged human rights
violations committed by the security forces against southern
insurgents.


13. (C) We asked PAD co-leader Somkiat about PAD's recent
practice of publicizing the names and addresses of
individuals labeled as anti-PAD or anti-monarchy, such as
Chotisak, and urging PAD supporters to take action against
them. Somkiat said that it was a way "to prove to people
that we know who you are." He insisted, however, that PAD's
efforts were principally directed against former Prime
Minister Thaksin, not lower-level activists. He told us he
doubted PAD supporters would become violent toward Chotisak
or others like him.

COMMENT
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14. (C) Many Thais view the political environment as
characterized by antagonism between the palace and the
pro-Thaksin camp. Both sides are using lese majeste
accusations against the other, and political figures make
public reference to the monarchy at their own peril. So long
as lese majeste provisions remain on the books and are easily
applied, it will be extremely difficult to assess the depth
of anti-monarchy sentiment in Thailand.

JOHN