Lèse majesté in Thailand

The Thai Majesty Insult or lese - majeste law (French, from Latin laesa maiestas ) is libelous statements or actions against the King of Thailand, the Royal Family and the Thai monarchy punishable. Violations of the law can be punished under Article 112 of the Thai Criminal Code with imprisonment of up to 15 years.

History of the scheme

The criminalization of lese majesty was among nearly 75 provisions of the Three Seals Law, with extremely cruel penalties. During the reign of King Rama V, a modern regulation was first determined in 1900 by law. She was only in the capital and the surrounding six provinces ( Monthon Bangkok). The first modern penal code styling Western advisers, took a ajar at the Prussian penal provision on with that had impressed the king on his state visit to Europe in 1907. The penalty of three years initially was tightened several times over the years and expanded in scope. Since the term of office of the Prime Minister Thanin Kraivichien (1976-1977), the penalty is fifteen years, which, given the conditions in Thai jails gleichklommt a death sentence.

According to Article 8 of the Constitution in Thailand is the king " sacrosanct and inviolable. " Under the Constitution, the offense of lèse majesté is only criticism of the king, the queen, the crown prince and regent met. Tanin, who was a judge of the Supreme Court earlier this interpreted as a general prohibition of criticism of the royal development projects, the institution of the monarchy, of the Chakri dynasty and all previous kings. The penalty was originally limited to a maximum of seven years in prison, but was tightened to a minimum of three years and a maximum sentence of 15 years. This sharper version is still true today.

Practice

Prison terms for both Thais and foreigners, especially foreign journalists also threaten expulsions. The charge of lese majeste is not going levied by the king himself, or from the court, but will be on display from private individuals ( particularly often politicians ) tracked down by the police authorities or prosecutors. In Thai politics, this is often used to express the political opponents to discredit, accusing him of a lack of loyalty to the king and the state in general and to belittle his sympathies in the population or it completely off.

King Bhumibol himself said this in so far recorded with a surprise birthday speech in 2005 the following:

"When you said that the king should not be criticized, it would mean that the king was not human. When ... the king can not make mistakes, it is as if you look down on him and not treat him as a human being. But the king can make mistakes. "

This intake was, however, specifically addressed to current events against the then Prime Minister Thaksin, who was trying at that time to turn off some of his opponents through libel suits. The fact that the king 's inviolable institutionalized role even questioned, could also be called " attack on those who argue for a limited role of the palace in Public Life", interpreted so far.

Thaksin's abundance of power had been observed on the farm since 2001 with concern. As the Far Eastern Economic Review reported on the issue was banned in Thailand and the Bangkok representatives of the leaf, including the President of the Foreign Correspondents ' Club, Rodney Tasker, found themselves on 25 February 2002 a deportation order against.

Due to the above speech of the King, and especially the military coup in September of the following year In fact, the number of prosecuted cases of lese majeste from keinesweg, but rose sharply, from an annual six cases (before 2005) to a peak of 476 cases in, 2010.

Reform proposal

2011 was the Nitirat group, whose members mainly younger Jurassic lecturers from Thammasat University. She suggested to replace the Article 112 of the Criminal Code. Under the proposal, the law slurs between the monarch should on the one hand and such differentiate against the Queen, the Heir Apparent or Regent, on the other hand. The maximum penalty for insulting the head of state should be three years for which other people two years in prison. The Mindestrafe should be no freedom, but a fine. Should be expressly excluded from the crime criticism that demonstrably is a serious political expression true or useful to the public. The Office of the royal private secretary should get the right criminal complaint. Both the government and the parliamentary opposition rejected the proposal. The head of the group of Professor Worachet Pakeerut, was attacked and beaten up after the publication of the proposals.

Examples

• The social critic and environmental activist Sulak was repeatedly accused because of his comments on abuses and aberrations in the land of high treason, which is why he even spent some time in exile.

• In spring 2006, reports were filed lese majeste both of Thaksin supporters as well as opponents against the other side several times.
• In February 2012, Surachai Danwattananusorn lese majeste pleaded guilty. Because of his confession, the court halved the maximum sentence and imposed seven and a half years in prison.
• On January 23, 2013, the journalist Somyot Prueksakasemsuk was sentenced to eleven years in prison. The indictment was based on two articles that had written Somyot.
• After the rejection of his appeal against a judgment of 2009, the prominent activist was sentenced Daranee Charnchoensilpakul final on 12 June 2013 at 15 years in prison for insulting the king ( "Da Torpedo ").

There are cases of non- Thais who publicly expressed their critically about the king and the royal family or making fun. In such cases, prison sentences were imposed.

• In early December 2006, the Swiss Oliver Jufer arrested by the Thai authorities, as he had smeared several portraits of the king in alcohol intoxication. He was sentenced on 29 March 2007 to 10 years in prison. Only a royal pardon could save him from this prison. This granted the king personally; Jufer was released on 12 April from prison and deported immediately.

• The Thai government made ​​in 2007 to access the website YouTube block, as several defamatory videos surfaced over the king. This triggered a debate on press and freedom of expression.