UPDATE ON LESE MAJESTE CASES IN THAILAND

C O N F I D E N T I A L SECTION 01 OF 03 BANGKOK 003398 SIPDIS STATE FOR EAP, DRL, IO; NSC FOR PHU E.O. 12958: DECL: 11/11/2018 TAGS: PHUM PGOV KPAO KJUS TH SUBJECT: UPDATE ON LESE MAJESTE CASES IN THAILAND REF: A. BANGKOK 3374 (THAI WEBSITES) ¶B. BANGKOK 3350 (QUESTIONING THE UNQUESTIONABLE) ¶C. BANGKOK 1662 (LESE MAJESTE ACCUSATIONS) BANGKOK 00003398 001.2 OF 003 Classified By: Deputy Chief of Mission James F. Entwistle, Reason 1.4 ( B, D) SUMMARY AND COMMENT -------------- ¶1. (C) Thailand enjoys a relatively robust media environment, lively, open criticism of those in power, and general freedom of expression, with a significant exception: the criminal offense of lese majeste, or offense to the monarchy. Long on the Thai books but not always vigorously pursued, a seemingly higher number of lese majeste cases are currently open, mainly against Thai political activists, but also against several foreigners as well. For example, a well-known social critic was arrested on November 6 for remarks made in 2007 about the monarchy. The denial of bail for two detained United Front of Democracy Against Dictatorship (UDD) figures who allegedly committed lese majeste reportedly caused several other activists to leave Thailand out of concern they, too, might be arrested. This cable is the third of three reports examining lese majeste; the first two (refs A-B) looked at a recent surge in criticism of the monarchy, particularly on the internet about the Queen, and the reaction of Thai officials. ¶2. (C) Comment: King Bhumibol has said publicly that he will pardon anyone convicted of lese majeste. However, those who are accused of the offense can be subject to lengthy and highly ambiguous procedures, and the authorities do not apply standards consistently. While the remarks that lead to lese majeste charges are often not made public (any further dissemination of offensive remarks can constitute a crime), the local media has publicized arrests for lese majeste, and this publicity helps to deter open debate about the monarchy and its role in society. End Summary and Comment. Lese Majeste - a tool for whom? -------------- ¶3. (SBU) Thailand enjoys a relatively robust, open and lively media environment, with a significant exception being the use of ""lese majeste"" laws against any statement deemed critical of the monarchy. Because Thai lese majeste law allows any party to file complaints, not just the institution of the monarchy itself or the police, those suspected of or charged with the offense vary widely in standing and perceived intent. Many of those currently facing lese majeste accusations are players in the ongoing political drama, with the anti-government People's Alliance for Democracy (PAD) and UDD accusing each other of offense to the monarchy. Lese majeste complaints are an effective way to enmesh a political opponent in extended litigation. Others who are accused are social activists, and some are unsuspecting foreigners. According to Embassy research, in consultation with UDD leaders and NGO contacts, the status of lese majeste cases against figures associated with the UDD and PAD is as follows. UDD Members: - Co-leader Jakrapob Penkair: surrendered to police on June 12 due to lese majeste charges filed based on a speech given at the Foreign Correspondents Club of Thailand (FCCT) in August 2007. The speech condemned the Thai patronage system, which traditionally benefits the monarchy, but did not contain any insult to living members of the royal family. Released on bail; case resides with the OAG. - Co-leader Wira Musikaphong: surrendered to police on August 16 following the issuance of an arrest warrant on August 15 due to an alleged anti-monarchy speech at a UDD rally at Sanam Luang in May 2007. Released on bail; case under investigation with the Metropolitan Police Department. - Chanwit Chariyanukun: arrested in November 2007 for distributing anti-monarchy leaflets; detained for seven days BANGKOK 00003398 002.2 OF 003 before police granted bail at $5,900 (200,000 Baht). - Daranee Choengchansinlapakun: remains in detention after being arrested on July 22 for alleged statements critical of the monarchy at a July 18 and 19 rally at Sanam Luang; bail denied. See ref B for more detail concerning her case. - Bunyuen Prasoetying: remains in detention after being arrested on August 15 for allegedly criticizing the Crown Prince at a UDD rally at Sanam Luang on August 6; bail denied. - Chuchip Chiwasut: arrest warrant issued on August 21 due to allegedly critical remarks about the monarchy and the royal family on his community radio program and website; reportedly fled to China. - Suchat Nakbangsai: arrest warrant issued on October 17 due to alleged criticism of the monarchy at a UDD rally at Sanam Luang on October 14; reportedly fled to a neighboring country. PAD Members: - Co-leader Somkiat Phongphaibun; surrendered to police on July 16 in response to an arrest warrant issued the same day due to alleged anti-monarchy remarks about a school supported by the King at a PAD rally on June 29; bail granted. (See ref C.) - Co-leader Sondhi Limthongkul; surrendered to police on July 24 in response to an arrest warrant issued on July 23 based on repeating the remarks of UDD figure Daranee (above) at a PAD rally. Previously charged with lese majeste in April and May 2006 due to speeches at PAD rallies; bail granted in both cases. (See ref C.) Where Are They Now? Updating previously reported cases -------------- -------------- ¶4. (C) The lese majeste cases of activist Chotisak Ongsoong and his girlfriend, Songkran Pongbunjan, charged with not standing for the King's Anthem, remain with the OAG, pending a November 20 decision by the public prosecutor on whether or not to forward the cases for court proceedings. Chotisak and Songkran told us on November 14 they are not required to report to the OAG since the police ""temporarily"" released them without seeking any bail. However, they will need to post bail if the case moves to court. ¶5. (C) Same Sky Magazine editor Thanapol Eawsakul told us on November 14 that his lese majeste case, which involved an article by noted social critic Sulak Siwlak (ref C, see below) remained with the OAG, and he continued to make bi-monthly visits to appear at the OAG to sign a form. Thanapol could not account for the different treatment between his case and that of Chotisak. He suspected that his case would linger with the OAG without any clear conclusion. He explained that a verdict either way in either case could mount increased public opposition and challenges to the monarchy. ¶6. (C) An investigation is ongoing into the lese majeste accusations against former Royal Thai Police Chief Seripisut Temiyavet (ref C) who was charged after he made rude statements when asked about his absence from a royal ceremony. The Civil Servant Commission told us on November 14 that a committee was formed to investigate Seriphisut's alleged offense. The official declined to release any information on the status of the investigation due to the ""sensitive and confidential"" nature of the issue. ¶7. (C) BBC reporter Jonathan Head (protect) told us on November 3 that the police decided not to investigate further the lese majeste charges against him in conjunction with the August 2007 FCCT panel discussion he hosted, but will ask him to testify against UDD co-leader Jakrapob regarding the latter's speech at the event. Head added that ""the way these cases are dealt with completely baffles me - the line of investigation taken by the police, and the line of defense by our lawyers, is bizarre."" BANGKOK 00003398 003.2 OF 003 ¶8. (SBU) Australian author and long-time Thailand resident Harry Nicolaides remains in prison, after being arrested at the airport on August 31, due to lese majeste charges over a paragraph in his 2005 novel Verisimilitude that commented on the Crown Prince's sexual behavior. The Bangkok Criminal Court refused Nicolaides bail on September 2 on the grounds that he presented a flight risk and the serious nature of his offense. Media reports indicated that only 50 copies of the book were printed, and under ten copies sold. Sulak: Seventh Time's the Charm? -------------- ¶9. (SBU) Khon Kaen province police apprehended Buddhist scholar and social critic Sulak Siwalak (ref C) at his home in Bangkok on November 6, based on remarks delivered to Khon Kaen University students in December 2007. The police drove him five hours away to a Khon Kaen province police station to file lese majeste charges. Police released Sulak on bail, and he departed for England on November 7 for previously scheduled travel, with plans to return to Thailand at the end of the month. Since Sulak's departure, he published an opinion piece in the Bangkok Post about his ordeal, painting his arrest as a political move by the pro-Thaksin government and reaffirming his positive past ties with various members of the royal family. Sulak must report to the Khon Kaen province police each month until the public prosecutor decides whether to forward the case to the Office of Attorney General (OAG). ¶10. (C) Sulak's lawyer, Somchai Homla-or, told us on November 13 that Sulak had been accused, charged, arrested, and/or prosecuted regarding lese majeste offenses multiple times, starting in 1967, and again in 1984, 1991, 1996, 2005, 2007, and 2008. Somchai said that Sulak has always escaped conviction; the charges are inevitably dismissed by either the police, the public prosecutors, or the courts. JOHN