Home Civil Society Voices 2017 Civil Society Voices Thailand: UN rights expert concerned by continued lèse-majesté prosecutions

Thailand: UN rights expert concerned by continued lèse-majesté prosecutions

United Nations special rapporteur David Kaye - Photograph: United Nations

Follow us on our Malay and English WhatsApp, Telegram, Instagram, Tiktok and Youtube channels.

The United Nations Special Rapporteur on the promotion of freedom of opinion and expression, David Kaye, called on the Thai authorities on 7 February 2917 to stop using lèse-majesté provisions as a political tool to stifle critical speech, reports the UN News Service.

In Thailand, defaming, insulting or threatening the royal family carries a penalty of three to 15 years’ imprisonment.

“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 expert underlined.

“The lèse-majesté provision of the Thai Criminal Code is incompatible with international human rights law,” Kaye said, “and this is a concern that I and my predecessors have raised on numerous occasions with the authorities.”

The expert’s call comes as law student activist Jatupat Boonpatararaksa awaits trial for defaming the crown. Boonpatararaksa is the first person charged with lèse-majesté since the new King, Maha Vajiralongkorn Bodindradebayavarangkun, acceded the throne on 1 December 2016.

On 2 December 2016, Boonpatararaksa was arrested and charged under the lèse-majesté provision of the Criminal Code and under the Computer Crimes Act, after having shared a BBC news article on the new king and quoted content of the news on his private Facebook page.

Boonpatararaksa is currently in detention after his bail was revoked by an appeals court on 27 December 2016, reportedly justified by the case’s sensitive matter and on public order and national security grounds.

“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,” the special rapporteur said.

READ MORE:  Drop probe on Kit Siang and unwarranted charges against Jay Jay Dennis

Earlier this month, on 1 February 2017, his remand was extended for another 10 days. His next appearance before the court to hear whether there will be a new extension or not is on 10 February. No trial date has been confirmed. [Update: He was indicted on 10 February 2017.]

In September 2016, the Thai prime minister revoked a previous order that granted military tribunals the authority to try lèse-majesté cases. All lèse-majesté acts committed after September 2016 will be tried at civilian courts.

However, actions committed before September 2016 continue to be brought before military tribunals, which have applied harsher penalties on lèse-majesté cases. In 2015, a military tribunal sentenced Phongsak Sribunpeng to 30 years, Sasiwimol Ptaomwongfa-ngam to 28 years and Thiansutham Suttijitseranee to 25 years imprisonment for criticising the monarchy on Facebook.

“Lesè-majesté provisions have no place in a democratic country. I urge the authorities of Thailand to take steps to revise the country’s Criminal Code and to repeal the law that establishes a justification for criminal prosecution,” the human rights expert stressed. –

Source: UN Office of the High Commissioner for Human Rights

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

AGENDA RAKYAT - Lima perkara utama
  1. Tegakkan maruah serta kualiti kehidupan rakyat
  2. Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
  3. Raikan kerencaman dan keterangkuman
  4. Selamatkan demokrasi dan angkatkan keluhuran undang-undang
  5. Lawan rasuah dan kronisme
Support our work by making a donation. Tap to download the QR code below and scan this QR code from Gallery by using TnG e-wallet or most banking apps:
Notify of
1 Comment
Oldest Most Voted
Inline Feedbacks
View all comments
Yong Tan
28 Feb 2017 5.27pm

3rd world politics…… but 1st world relied on them, so NO CHANGE can be expected. A matter of needs and demands are involved at the underlying trouble. Only ‘sanctions’ can change things! Unfortunately.

Would love your thoughts, please comment.x