Lese majeste under fire

This week a Thai judge accepted a guilty plea from a Thailand-born American citizen accused of insulting the monarchy. Lerpong Wichaikhammat, 55, who also is known as Joe Gordon, has been detained since May after being charged with using the Internet to disseminate information from excerpts of a locally banned biography of the Thai King, Bhumipol Adulyadej. Gordon is believed to have committed this offense several years ago.

During the court hearing Monday Gordon told journalists he pleaded guilty. "I plead guilty because no-one can win the case," he said. "I have no choice. I want the American Government to help release me. This is a case of freedom of expression." The judges will give their verdict on November 9.

Freedom of expression

The U.S. Embassy officials in Bangkok had earlier expressed disappointment that the prosecutor had filed lese majeste charges against Gordon. U.S. Embassy spokesman, Walter Braunohler, told Deutsche Welle that the embassy would continue to support Gordon as well as his right of freedom of expression.

"Look this is something that we're continuing to raise with the Thai authorities at every opportunity, we're stressing his rights as an American citizen," Braunohler said. "The U.S. is continuing to urge that freedom of expression is respected and to provide full consular assistance to Joe Gordon."

Thailand's Article 112 says that he who "defames, insults or threatens the King, the Queen, the Heir-apparent or the Regent shall be punished with imprisonment of three to fifteen years." Amendments were also made to Thailand's Computer Crimes Act in 2007 that also enable prosecutors to dramatically increase penalties.

Political tension

In Reporters Without Borders' international press freedom index, Thailand has slumped to 153 from 178 countries due to the country's political tensions and fears over prosecution under Article 112 and the Computer Crime Act.

Academics say that between 2006 and 2009 397 known cases had been submitted to criminal courts. This stands in contrast to four to five cases a year in the 15 years before that.

The rapid increase in cases have also coincided with Thailand's deepening political divide that came with the rise of former prime minister, Thaskin Shinawatra who built up a strong following amongst the middle and working classes. At the same time he was accused of corruption by the urban middle class and ousted in a 2006 coup.

Anti-monarchist

Elements within the 'red shirt' movement that backed Thaksin's call for a return to power of his Pheu Thai Party, have been viewed by some analysts as anti-monarchist. The red shirts were opposed by the conservative pro-Royalist, People's Alliance for Democracy of PAD. Sean Boonpracong, a former Red Shirt spokesman, said Gordon's attorney had recommended to him to plead guilty. "It was the best for his client. By being a little bit intransigent to plead not guilty he could stay longer in prison," he said. "I suspect there has been some ongoing, negotiation between the (government) and the U.S. Embassy," he said.

Thitinan Pongsudhirak, a political scientist at Chulalongkorn University, says Thailand is facing growing pressure from the international community to amend the law. "Most countries have joined the movement to pressure for change, for amendment of Article 112 and also some countries on the Computer Crimes Act. But the one conspicuously absent country was the United States of America," Thitinan said.

Indeed, during a meeting of the United Nations Human Rights Council last week the U.S. refrained from supporting calls by other countries for the Thai Government to amend the lese majeste Law aimed at raising the country's level of freedom of expression. A dozen nations, including Canada, France, Germany, the United Kingdom and Australia backed the call for an amendment. According to a proposal made by Norway – also a kingdom – which has a lese majeste law, a charge can only be brought with the approval of the king, in order to "avoid abuse".

Destroying the enemy

"We have more and more cases of lese majeste and Computer Crimes Act," said Thitinan. "It's a kind of a 'witch-hunt'. Some of the cases are legitimate but in all cases the punishment is not seen to fit the crime. That's the number one problem with the law," he said. "(But) what is taking place is stiff resistance by Thai officialdom, reinforced by Conservative royalists," he said.

Legal analysts say the weakness in the Thai law allows any individual to bring a case against another person and once filed with the Thai police the case must be investigated. "Anyone can charge anyone. If foments and reinforces an environment of mutual distrust, fear and paranoia," Thitinan said.

People's Alliance for Democracy (PAD) spokesman Parnthep Pourpongpan, said it was necessary to have laws to protect the monarchy. But Parnthep accepted Article 112 of the law had some weaknesses. "So we have to at least protect the monarchy by the law. However, Article 112 itself also has some weak points, as it can be used to 'destroy the enemy'. Of course that can also be very dangerous for the monarchy," Parnthep said. Parnthep also criticized other nations for any involvement in the debate related to the monarchy in Thailand. Clearly he felt that it was up to Thailand to resolve the matter.

Author: Ron Corben
Editor: Grahame Lucas