Protesters advocating for the release of Jatupat ‘Pai’ Boonpatararaksa pose in front of the provincial court Feb. 1 in Khon Kaen province.
NO PLACE IN DEMOCRACY FOR LESE MAJESTE, UN EXPERT SAYS
By Pravit Rojanaphruk, Senior Staff Writer
- February 7, 2017
Khaosod English
GENEVA — In a rare statement on use of lese majeste in Thailand, a United Nations special rapporteur on freedom of expression called on the authorities to stop using the law as a political tool.
Describing the law, which punishes perceived insults to the monarchy with up to 15 years in prison, as “incompatible” with international law, David Kaye wrote that it should be repealed in a statement published Tuesday.
“The lese-majeste provision of the Thai Criminal Code is incompatible with international human rights law, and this is a concern that I and my predecessors have raised on numerous occasions with the authorities,” Kaye wrote.
His statement comes after at least 60 lese majeste cases have been filed since the 2014 coup. Many of those charged and detained were opponents of the ruling junta.
Junta spokesman Col. Winthai Suvarai could not be reached by telephone on Tuesday. However, the junta upon seizing power made lese majeste prosecutions a priority, saying it was necessary to protect the monarchy.
Kaye, a professor at a public California law school, urged Thailand to revise the Criminal Code and repeal the law, saying it has “no place in a democratic country.”
“Public figures, including those exercising the highest political authority, may be subject to criticism, and the fact that some forms of expression are considered to be insulting to a public figure is not sufficient to justify restrictions or penalties.”
The statement noted the case of Jatupat ‘Pai’ Boonpatararaksa, who was arrested Dec. 2 for sharing a biography produced by BBC Thai on Facebook. Jatupat is currently in detention and on Wednesday was denied bail a sixth time. On Friday he has a seventh hearing where police will most likely ask the court to keep him in custody a seventh and final time allowed under the law before the matter goes to prosecutors.
“I [am] concerned about reports that the court hearing on his bail took place behind closed doors, in contradiction to the right to a fair and public hearing,” Kaye wrote.
The statement also mentioned that although junta leader Gen. Prayuth Chan-ocha has revoked an order that lese majeste be tried by the military, those already in process would still go before military tribunals, “which have applied harsher penalties on lese majeste cases.”
The statement noted that in one case, a man, Phongsak Sribunpeng, was sentenced to 30 years in prison.
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UN rights expert urges Thailand to loosen restrictions around monarchy defamation law
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression David Kaye. UN Photo/Jean-Marc Ferré
Source: UN
http://www.un.org/apps/news/story.asp?NewsID=56119#.WJnsDxiZM_M
7 February 2017 – As a student activist awaits trial in detention for posting a news article about the new monarchy on social media, an independent United Nations expert today called on Thai authorities to stop using royal defamation laws to stifle free speech.
At issue is the concept of lèse-majesté – the defaming, insulting or threatening of the royal family – which in Thailand carries a penalty of up to 15 years in prison.
“Lesè-majesté provisions have no place in a democratic country,” said David Kaye, the UN Special Rapporteur on the promotion of freedom of opinion and expression. “The lèse-majesté provision of the Thai Criminal Code is incompatible with international human rights law.”
The expert underlined that public figures, including those exercising the highest political authority, may be subject to criticism.
“The fact that some forms of expression are considered to be insulting to a public figure is not sufficient to justify restrictions or penalties,” he stressed.
The comments were sparked by a case against Jatupat Boonpatararaksa, a student activist, who shared a BBC news article on the new King, Maha Vajiralongkorn Bodindradebayavarangkun, on his private Facebook page.
Mr. Boonpatararaksa is being held in detention after an appeals court revoked his bail on 27 December, reportedly justified by the case's sensitive matter and on public order and national security grounds. He is expected back before a judge on 10 February.
In 2015, three people were sentenced to decades in prison for criticizing the monarchy on Facebook.
Mr. Kaye has repeatedly urged the Thai Government to allow free speech, including in July of last year when authorities clamped down on public and social media expressions ahead of a constitutional referendum later in the year.
Special Rapporteurs and independent experts are appointed by the Geneva-based UN Human Rights Council to examine and report back on a specific human rights theme or a country situation. The positions are honorary and the experts are not UN staff, nor are they paid for their work.
News Tracker: past stories on this issue
Thailand: UN rights expert warns against curbs on free speech ahead of major vote
7 February 2017 – As a student activist awaits trial in detention for posting a news article about the new monarchy on social media, an independent United Nations expert today called on Thai authorities to stop using royal defamation laws to stifle free speech.
At issue is the concept of lèse-majesté – the defaming, insulting or threatening of the royal family – which in Thailand carries a penalty of up to 15 years in prison.
“Lesè-majesté provisions have no place in a democratic country,” said David Kaye, the UN Special Rapporteur on the promotion of freedom of opinion and expression. “The lèse-majesté provision of the Thai Criminal Code is incompatible with international human rights law.”
The expert underlined that public figures, including those exercising the highest political authority, may be subject to criticism.
“The fact that some forms of expression are considered to be insulting to a public figure is not sufficient to justify restrictions or penalties,” he stressed.
The comments were sparked by a case against Jatupat Boonpatararaksa, a student activist, who shared a BBC news article on the new King, Maha Vajiralongkorn Bodindradebayavarangkun, on his private Facebook page.
Mr. Boonpatararaksa is being held in detention after an appeals court revoked his bail on 27 December, reportedly justified by the case's sensitive matter and on public order and national security grounds. He is expected back before a judge on 10 February.
In 2015, three people were sentenced to decades in prison for criticizing the monarchy on Facebook.
Mr. Kaye has repeatedly urged the Thai Government to allow free speech, including in July of last year when authorities clamped down on public and social media expressions ahead of a constitutional referendum later in the year.
Special Rapporteurs and independent experts are appointed by the Geneva-based UN Human Rights Council to examine and report back on a specific human rights theme or a country situation. The positions are honorary and the experts are not UN staff, nor are they paid for their work.
News Tracker: past stories on this issue
Thailand: UN rights expert warns against curbs on free speech ahead of major vote
