BANGKOK — A law professor has accused Thai authorities of applying a "double standard" to suspects accused of defaming the monarchy, a crime punishable by up to 15 years in prison under Thailand’s draconian lese majeste law.

According to Sawatree Suksri, a law professor at Thammasat University, there is "never consistent treatment" of lese majeste subjects. "It's discrimination," she said. 

She compared the case of Niran Yaowapha, an online editor who was recently charged with lese majeste for publishing a forged royal statement on the website of a pro-monarchy newspaper, and Somyot Prueksakasemsuk, the editor of an anti-establishment magazine who was charged in 2010 for publishing two articles that were critical of the monarchy.

Whereas Niran was released on baht bail on Tuesday, the same day of his arrest, Somyot was repeatedly denied bail for nearly two years while he awaited trial. He was eventually found guilty and sentenced to eleven years in prison.

"It's a double standard," Sawatree told Khaosod. "Niran and Somyot are both members of the media. The court should have treated them in the same way, and equally granted them bail release."

Courts rarely grant lese majeste suspects release on bail, citing the "severity" of the crime.

Sawatree is a core member of the ‘Enlightened Jurists,’ a group of academics that has campaigned for reform of Thailand’s lese majeste law, which is the strictest of its kind in the world. 

In the pending case against Niran and Krit Bootdeecheen, a Redshirt activist also charged with lese majeste for sharing the forged document on social media, Sawatree urged authorities to consider the suspects’ intentions.

"There is question about whether those who published the fake statement should be found guilty of the law," said Sawatree. "What has to be debated is whether those who published it had an intention to publish what they knew to be fake."

Both suspects’ lawyers say their clients believed the statement was genuine, and removed it as soon as they learned it was forged. The document purported that King Bhumipol, 87, had appointed a Regent to act on his behalf. The Thai government announced that the statement was fake less than an hour after it began circulating on social media.

If it is proven that the two men did not know they were publishing a forged royal document, they "should not be held responsible, because under the Criminal Codes it is stated that intention has to be considered," Sawatree said.

'Incomplete document' 

Although Niran was released on Wednesday, Krit is still being held at Bangkok Remand Prison while his family and friends gather the funds to apply for bail, his lawyer said.

The lawyer, Winyat Chartmontri, told Khaosod that the court rejected his initial bail application because Krit's family filed an unsuitable land deed; his family estate is "co-owned," whereas the court requires any property put up for bail to have a sole owner.

Winyat said he will apply for the bail release with cash money tomorrow.

"I think he will get the bail release," Winyat said. He added that Krit has been permitted visits from his family and friends at the prison. 

Krit was arrested by soldiers on Feb 4 and held in an army camp for five days of interrogation before he was handed over to police. 

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Thai Junta to Diplomats: Lese Majeste is 'Cultural Offense'

BANGKOK — The Supreme Court has accepted a lawsuit against former Prime Minister Somchai Wongsawat and his deputies for ordering a crackdown on the Yellowshirt protesters in 2008.

The chairperson of the Supreme Court's Division for Holders of Political Office accepted the case against Somchai and three others on February 9. The other defendants are former Deputy Prime Minister Chavalit Yongchaiyudh, former national police chief Patcharawat Wongsuwan, and former Bangkok police chief Suchart Muankaew. 

All four men have been charged with abuse of power under Section 157 of the Criminal Codes for their role in dispersing Yellowshirt protesters on October 7, 2008. 

On February 8, the National Anti-Corruption Commission (NACC) announced that it would prosecute Somchai and his deputies in in court. According to court documents, Somchai and three other defendants will enter their pleas on May 11.

The October 2008 crackdown came after Yellowshirt demonstrators, led by the People's Alliance for Democracy (PAD), seized the Government House and occupied parts of Bangkok to pressure Somchai into stepping down. The protesters accused Somchai of acting as a "puppet" for former Prime Minister Thaksin Shinawatra, the de facto leader of the Redshirts who was deposed in a military coup in 2006.

Police officers fired tear gas at the protesters and beat some of them with batons. Two demonstrators were killed in "explosions" later in the day. Police insist that they did not cause the blasts, while Redshirt activists say the victims were carrying explosives at the time of their deaths. 

Her Majesty the Queen later attended the funeral of one of the two victims on 13 October 2008 and reportedly praised her sacrifice "for the country and the monarchy." 

Critics accuse the NACC of backing the Yellowshirt faction and ruling against politicians allied to the rival Redshirt movement. The agency has been criticized for its slow progress in prosecuting the Yellowshirt-allied Democrat Party politicians who authorized a crackdown on Redshirt protesters in 2010 that left over 90 people dead. 

Read more:
Families of 2010 Crackdown Victims Demand Progress From NACC

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BANGKOK — A spokesperson for Thailand's military junta explained to a group of foreign dignitaries today that the Kingdom's lese majeste law is needed to protect the "feelings" of the Thai people.

Thailand’s lese majeste law, the strictest of its kind in the world, criminalizes criticism of the monarchy with up to 15 years in prison. Since seizing power in a coup d'etat on 22 May 2014, the ruling junta has rigorously enforced the law to crackdown on perceived "anti-monarchists," granting martial courts jurisdiction over lese majeste cases. Human rights groups say the law is abused to silence critics and political enemies.

Today, a spokesperson for the junta, known formally as the National Council for Peace and Order (NCPO), told a conference of foreign military attaches from 25 countries that lese majeste violations "affect the hearts of many Thai people." He insisted that prosecuting lese majeste offenders does not constitute a violation of human rights.

"They attempt to destroy the identity, tradition, and culture of Thailand," Col. Winthai Suvaree said. "Therefore, we have to give priority to solving these problems." 

He continued, "Security officers are not violating human rights, as it has been claimed. There are many suspects, especially those who have fled the country to live abroad, who are trying to distort information and paint it as a political persecution."

The Thai government has struggled in vain to seek the extradition of lese majeste suspects living abroad, as most foreign nations do not recognize the law. 

Col. Winthai's comments came on the heels of a string of recent lese majeste arrests in Thailand. Last week, soldiers arrested a Redshirt activist who allegedly circulated a forged royal statement on social media that said His Majesty the King had appointed a Regent to act on his behalf. The 25-year-old activist, Krit Bootdeecheen, was held at an army camp without any access to a lawyer for five days before he was transferred to the military court for formal prosecution. 

On 9 February police arrested a man named Hasadin Uraipraiwan who allegedly produced a series of audio clips on the internet that criticize the Thai Royal Family. Like Krit, Hasadin is facing trial in military court, where appeals are not possible. Two other alleged members of Hasadin's "network" were arrested on 7 February. 

Lese majeste suspects are rarely granted release on bail and often spend months in prison awaiting trial. Among those currently facing prosecution are two theatre activists who were accused of insulting the Royal Family by staging a play about a fictional monarch in October 2013. The pair has been held in prison since they were arrested last August.

Speaking to foreign military attaches today, Col. Winthai also touched on a number of other issues related to the political situation in Thailand, including:

– The necessity of the 22 May coup: Col. Winthai repeated that the NCPO was forced to seize power for the sake of national stability, and claimed that "The Thai coup is different to what happened in other countries, so you should not consider it with an outdated perspective like in the past." 

– Return to democracy: "The NCPO is working hard to follow the road map … to become a full-fledged democracy." 

– Judicial independence: "The NCPO has focused on the administration of the country, solving national problems, and maintaining peace and order. We do not interfere with the justice system."

– Summoning and detaining dissidents: "The NCPO respects and listens to constructive opinions. We have set up many channels to express opinions. The invitations were in fact about exchanging opinions with individuals, under our perspective that the situation in the country is still sensitive. Some parts of the country are not moving in the same direction. Our main objective is to prevent any expression that distorts facts or misleads the public with personal viewpoints, which may lead to conflicts in the society or hostile expressions that affect peace and order."

– The need for martial law: "There is still need for the martial law, because we need the military to assist the measures to maintain peace and order, and ensure public security." 

– The junta is not a dictatorship: "The NCPO doesn't want you to use the word dictator, because, in all of our actions in the past, we allow members of the public to participate in the channels that we have set up for them. It's not like we do things on our own or refuse to listen to anyone or behave like dictator – contrary to the attempt by some people to distort that fact."