Use of lese majeste as political tool slammed

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Use of lese majeste as political tool slammed

 

Academics and social activists yesterday called for an end to the abusive use of lese-majeste charges by people in power as a means of discrediting their opponents.

 

 

They called for stricter mechanisms for filing the charges and an opening up of the process.

 

 

For example, they want comments from the Office of His Majesty's Principle Private Secretary to be sought before the police file charges.

 

 

"Most of lese-majeste charges have been used as a vicious political tool," said Somchai Preechasila-pakul, a Chiang Mai University law lecturer.

 

 

"We don't know if those filing such charges are truly loyal [to HM the King], but people in power have used this tool unnecessarily and without substance."

 

 

The Thai Journalists' Association and Midnight University yesterday organised a public lese-majeste discussion. The concerns arise from the increasing number of cases, including the high-profile charges against Sondhi Limthongkul, a prime Thaksin critic, sharp-tongued social scholar Sulak Sivaraksa and Thanaphol Eiwsakul, editor of radical political magazine Fah Diew Kan ("Same Sky").

 

 

The concerns have also led to another public forum, to be held next Friday, April 28, on the monarchy and the Constitution at Thammasat University.

 

 

Former senator Sophon Supapong said that even as Thailand was celebrating the 60th anniversary of the King's accession there were nearly 60 lese-majeste cases filed with the police.

 

 

"These cases strain a valuable asset, the close relationship between HM the King and his people," Sophon said.

 

 

"The international community has long recognised the King's social contribution, and one must wonder whether the emergence of so many of these cases will not lead to a grave misunderstanding about our King."

 

 

Sophon proposed that the application of Article 112 of the Criminal Law on lese majeste charges be reformed to limit abuse.

 

 

He said those who filed such charges must be held accountable and, if necessary, judged guilty of filing false charges.

 

 

Phairote Polphetch, civil-rights campaigner and member of the National Economic and Social Advisory Board, said the number of cases would decline if the police and the judiciary used their "common sense" and did not allow themselves to become political tools.

 

 

"We should not rely solely on the judgement of the police, because they are too dependent on politicians," he said.

 

 

Midnight University, a group of intellectuals based in Chiang Mai, is arguing that politicians should be prevented from abusing their power and seek Cabinet approval before filing charges.

 

 

Somchai, also a group member, called for strict use of the principle of criminal law regarding identity of action and intent. There must be a distinction between an intent to insult the monarchy and a simply inappropriate action, he argued.

 

 

Lt-General Somkiat Puangsap, a former police intelligence commander, cited the case of Khunying Kalaya Sophonpanich and General Sawasdi Amornwiwat, who had charges filed against them but were found innocent because both were known to have been loyal to the King throughout their lives.

 

 

He said that despite the numerous charges, one had to go back to 1986 to find a guilty verdict.

 

Nantiya Tangwisutijit

 

 

Subhatra Bhumiprabhas

 

 

The Nation 23/04/06