Special report: Statistics on the use of Article 112 by ‘I pad’ and Roi Et Police Station

Lèse majesté charges have been filed by a Prachatai reader and information from the police reveals that he has filed lèse majesté charges against at least 15 people based on comments on three articles on Prachatai.

Filing cases under Article 112 of the Criminal Code, known as the lèse majesté law, is coming under criticism both domestically and internationally, in terms of both the law and its application. Former Prime Minister Anand Panyarachun said earlier this month that the application of this law is too harsh, especially in that it allows anyone to file a case. He suggested that there could be an agency set up specifically to file cases in order to prevent abuse of the law as a political tool, and that the severity of the penalties should be lessened.

Even though the lèse majesté law has been widely criticized, statistics on charges filed under Article 112 of the Criminal Code have increased dramatically since the 2006 coup. In 2010 alone there were 478 cases, 3 times those of 2009 which had 164 cases in all, with 126 in 2007.

In the past 4-5 years of especially heightened political conflict in Thailand, Prachatai’s comments section has been available. Those who have posted there have come from various political ideologies and ideas. However, in the past one year or so, the atmosphere in the comments sections has been smoldering with the use of the lèse majesté law by a user “I Pad” whose opinions were often expressed with hate speech and who attacked those with different opinions. He also frequently threatens to sue fellow users under the lèse majesté law.   

Prachatai has followed up three charge sheets posted by I Pad to confirm that he really has filed charges, and found that he has charged 15 people, including other Prachatai comment users and the Prachatai webmaster and editor, at Roi Et Provincial Police Station.  According to official documents, the complaint’s name is Wiphut Sukprasert, a resident of Roi Et, and a political activist with the PAD.

Details of each complaint lodged.

November 1st, 2010

Wiphut Sukprasert lodged a complaint with investigative police at Roi Et Provincial Police Station. Five people were charged. Four were Prachatai comments section users and one was the Prachatai webmaster.

He accused those persons of defaming, insulting or threatening the King, the Queen, the Heir-apparent and the Regent.

According to the daily complaint report, there is no text or URL cited by Wiphut as a breach of the law.

December 6th, 2010

Wiphut Sukprasert filed charges of lèse majesté with investigative police at Roi Et Provincial Police Station against 10 people; eight are users of Prachatai’s comments sections, one is the Prachatai webmaster and one is the Prachatai editor.

According to the daily complaint report, there is no text or URL cited by Wiphut as a breach of the law.

August 11th, 2011

Wiphut Sukprasert filed charges of lèse majesté with investigative police at Roi Et Provincial Police Station against three people; one is a Prachatai columnist using a pen name, one is a users of Prachatai’s comments section and one is the Prachatai webmaster.

According to the daily complaint report, there is no text or URL cited by Wiphut as a breach of the law.

When I pad threatens to sue someone making a comment on Prachatai, he sometimes posts a copy of police reports by investigating officers to show progress in the case.

The case of I pad, or Wiphut Sukprasert, is an example of anyone being able to file charges against anyone under Article 112 of the Criminal Code. Wiphut is an example of a person who is not connected with the monarchy but who uses this law to attack those who have different opinions from himself, having no patience to debate with reason and principles. Meanwhile Roi Et Provincial Police Station is becoming one cog in the Thai justice system that only abuses the law to curb citizens’ freedom of expression.

A close watch is being kept on Wiphut Sukprasert and Roi Et Provincial Police Station to see if they will become the private individual and police station with the most charges in Thai history.

The widespread use of the lèse majesté law -- and the fact that anyone can use it against others while officials accept the complaints – has significantly increased the number of lèse majesté cases. The polarization of Thai politics has also contributed to the debate about Thailand’s main institutions. Even though freedom of expression is a basic right, as mentioned in the US Embassy’s expression of disappointment at the lèse majesté conviction of Joe Gordon, the principle is still to be proven in Thailand, not only by the authorities but also by the Thai people.

Source: 

http://prachatai.com/journal/2011/12/38257

Surely there is a section of

Surely there is a section of Thai Penal Code under which Khun Wiphut Sukprasert and Roi Et Provincial Police Station can be charged?
Section 137, & Sections 172 to 181 look like possibilities? Thailand Penal Code

T.I.T.

Yes, persons can file against

Yes, persons can file against them, particularly those accused. Even police can be accused because they should not accept cases without evidence.

But isn't that unlikely to

But isn't that unlikely to happen? Aren't the Roi Et police quite obviously in cahoots with this person?

Depends on the person and

Depends on the person and whether he or she is willing to file. Police obviously usually don't like it but seldom will they turn down a complaint flat. If they do, or treat it slow, etc., there is always the DSI and Administrative Court, and so on. Suggest copying international agencies for more pressure.

"having no patience to debate

"having no patience to debate with reason and principles." Not like Prachatai that keeps deleting comments and censoring, and attempting (but failing) to block my IP simply because I point out that they are foreign-funded frauds willfully, knowingly taking money from United States Neo-Conservative warmongers.

You see, Prachatai preaches "patience and reasoned debate" but when talking facts cuts back toward their way, they fall back on the same tactics they deride as shameful and unacceptable - namely censorship & personal attacks.

Their constant censorship of my comments are as hypocritical to their above stated ideology of "patience and reason" as their funding from warmongering foreign elitists - millions of baht year to year throughout their existence as a fraudulent NGO.

http://landdestroyer.blogspot.com/2011/08/exposed-indy-newspaper-funded-by-us.html

They pose as "progressive" yet they take money from the National Endowment for Democracy whose BoD includes.....

http://ned.org/about/board

.... Neo-Conservatives Francis Fukuyama, Zalmay Khalilzad, Will Marshall, and Vin Weber, all signatories of the pro-war, pro-corporate, utterly insane Project for a New American Century - co-signed by the likes of Dick Cheney, Donald Rumsfeld Dan Quayle - etc. As you can see - Prachatai's funding is hardly progressive, and hardly interested in democracy, freedom or human rights - rather is subsidized by people who have veritably done more to defile these ideals than any other living human being on earth, ever.

So excuse me for posting these facts every time I must read Prachatai preach about "freedom of expression" before writing the following ....

"Even though freedom of expression is a basic right, as mentioned in the US Embassy’s expression of disappointment at the lèse majesté conviction of Joe Gordon, the principle is still to be proven in Thailand, not only by the authorities but also by the Thai people. "

Yes - the US Embassy and the US State Department indeed! Plug them - since they are the one paying Prachatai's bills via the NED!

Crank.

Crank.

On Monday 16th January

On Monday 16th January 2012,1hr 25mins into his radio show he claimed that those who have no face, those that are anonymous are nothing less than globalists. Is he right?

Recently, a new group of royalist academics vowed to fight what they called the monopoly of Thai politics by a "capitalist political party". They added that most Thais do not understand what liberty is all about. The Siam Prachapiwat group stated in its manifesto that Thailand is facing a "crisis of [too much] liberty". There exists the overuse of liberty, leading society toward anarchy," part of the manifesto reads. The group said their aim is to "destroy the political monopoly" of the capitalist political party. The group insisted that the sole threat is that of the so-called "capitalist political party", which it said is corrupt.

Tony Cartalucci is a pseudonym, there are no photos or videos of the writer. When invited to meet and discuss the topic of globalists in Thailand he responded with a death threat (he has deat threatened more than one person for holding alternative views, but never follows through his threats with attacks) Tony Cartalucci is thus anonymous and therefore according to Alex Jones - a globalist. Is Alex jones right?

Hey Gerrard - the truest sign

Hey Gerrard - the truest sign of both intellectual dishonesty and intellectual degeneracy is the inability to face confirmed, verified facts and instead twist an argument aimed at attacking those revealing such facts instead. What are you talking about Alex Jones for?

Prachatai is CONFIRMED, 100% without a shadow of a doubt funded by George Soros, an admitted globalist, and the National Endowment for Democracy (NED) a confirmed arm of the US State Department. You - Gerrard published your article on Prachatai! That makes you more of an agent of globalism than I by far.

http://landdestroyer.blogspot.com/2011/08/exposed-indy-newspaper-funded-by-us.html

Now what exactly, other than my anonymity, leads you to believe that I am a "globalist?" Was it my constant calls to boycott the Fortune 500 that gave me away? Particularly, my article, "Destroy the Gobalists!?" Lol!

http://landdestroyer.blogspot.com/2011/04/destroy-globalists.html

I've seen some sad attempts to attack me here on Prachatai in desperation to divert debate away from documented facts - but yours takes the cake. I love the fact that you "Gerrard" which is not your real name either, by the way, Robin Carvell (does your attempt to remain anonymous make you a globalists too?), have actually published an article on the confirmed globalist front Prachatai - and still have the audacity to accuse me of being a "globalist." You are also an admitted supporter of the UDD and have admitted on numerous occasions to attending UDD rallies. Your credibility is zilch. Did you know the UDD was consorting with NED as well? Additionally they also met with the US-ASEAN Business Council - that is - Goldman Sachs, Monsanto, Bank of America, BP, Exxon, etc.

http://landdestroyer.blogspot.com/2011/08/confirmed-thailands-pro-democracy.html

To be clear - yes "Gerrard"

To be clear - yes "Gerrard" aka Robin Carvell did publish one of his insane ranting attacks against me on Prachatai - Prachatai who was so desperate to subvert me at the time because I was exposing their foreign-funding, posted it without hesitation. This was before Prachatai published their full funding, btw (proving I was telling the truth all along) but after they had begun tenuous attempts to delete my comments and block my IP (clearly without success.)

Behold - the ranting mumbling insanity of "Gerrard Winstanley" (name taken from a 15th century proto-communist).

http://landdestroyer.blogspot.com/2011/04/over-target.html

&

http://www.prachatai.com/english/node/2428

Notice how "Gerrard" doesn't support any of his comments or claims with a shred of evidence!? I like how he claims US foreign policy was clearly anti-red shirt because a US reporter, Michael Yon, told a red shirt protester to go home. Seems logical to me!

Finally - it should be noted that "Gerrard's" obsession with me has gotten so out of control, he literally made a whole blog titled, I kid you not, "Cartalucci Critic." If you wonder why I stay anonymous, its because I don't want Gerrard printing out pictures of me and wallpapering his room with them. It's for his own good. I think Thai authorities should search his apartment for women trapped in dug out holes who are supplied daily with skin lotion.

http://tony-cartalucci-critic.blogspot.com/ CREEPY!!!

This is Prachatai!

From

From http://www.siam-legal.com/litigation/thailand-criminal-cases.php:

"In Thailand, prosecution for criminal law is the responsibility of several government organizations: the Royal Thai Police, Office of the Attorney General, the Courts of Justice, the Ministry of Justice and the Ministry of Interior. Aggrieved parties commonly go to the Police to make a report of a criminal incident. The Police then proceeds to investigate the alleged crime and reports its findings before the Office of the Prosecutor. The Office of the Prosecutor, on the other hand, files the appropriate criminal case in Court. The overwhelming number of criminal reports have resulted in delays in investigations and prosecution. As a solution to this, PRIVATE CITIZENS HAVE BEEN ALLOWED TO COME TO HIRE LAWYERS WHO WILL DIRECTLY FILE THE CRIMINAL CASE IN COURTS, INSTEAD OF TAKING THE POLICE REPORTING ROUTE."

Allowing private individuals to file criminal lawsuits is, of course, an insane procedure, but it is an integral part of the Thai legal system that affects not only lese majeste, but also all other crimes. If I want to, you can tomorrow have a court case against you for for lese majeste...or forgery, murder and rape.

Because of the political leanings of Prachathai and its contributors, Prachthai is now only reporting cases of lese majeste, but it is no more fun to be recklessly sued by a private individual for other made-up criminal offenses. In Thailand, businessmen, politicians of all colors, and other powerful people are using this tool to intimidate their business or political enemies and gain leverage in disputes.

Filing criminal lawsuits should obviously be the domain of a professional and accountable prosecutor. What Thailand really needs is a major revision to its criminal justice legislation, not just tinkering with the lese majeste part of it.

What Thailand really needs is

What Thailand really needs is a bona fide justice system. What they have is something that looks like a justice system on cursory inspection but is in reality the means for the 'elite' to exercise their prerogatives, to leave everyone else staggering beneath their arbitrary oppression.

"What they have is something

"What they have is something that looks like a justice system on cursory inspection but is in reality the means for the 'elite' to exercise their prerogatives, to leave everyone else staggering beneath their arbitrary oppression."

You've just described every government in human history - including all existing governments today - especially the United States (SOPA, Patriot Act, NDAA), the United Kingdom, and the European Union. You're almost there John, if only you could put your tired prejudices aside and face the fact that EVERYONE in Thailand's political landscape are irredeemable and there is no "lesser of two evils" when both cliques represent terminal destruction and tyranny for the Thai people.

Sounds like LM to me.

Sounds like LM to me.

Some years ago in the UK,

Some years ago in the UK, there was a series of advertisements for a light beer. The series featured a beer that looked like the real thing, tasted (sort of) like the real thing but didn't deliver the same satisfaction as the real thing. In other words it was a pale reflection. Not the real thing. The catchphrase in all the ads was “the beer you have when you're not having a beer". In Thailand, you have “the justice system you have when you're not having a justice system”.

This is entirely consistent with the Thai culture, in which appearance is everything and substance is nothing. Sadly, Thais are brought up immersed in this rather dodgy set of values, and of course they become a part of the Thai psyche. The principle applies throughout the education system, it applies in the commerce system, it applies in the Thai parliament and advertising systems, and of course it applies in their justice system. The systems of checks and balances which prevent outrageous breaches of principle in developed countries, are almost entirely absent in Thailand, an undeveloped nation, or banana republic if you like. In fact, banana republic if you don't like too.

Justice in Thailand is the prerogative of the rich and powerful. If you are rich you can choose whether the law applies to you or not. If you are powerful, you can choose whether the law applies to you or not. This is typical of very many banana republics, especially those in central/south America, Asia, the middle east and Africa.

/cont'd

/cont'd Along with a mature

/cont'd

Along with a mature legal/justice system, any country that aspires to be known as a developed country, must also have a mature populace who are willing to have their actions guided by that mature legal/justice system. This is the principal area in which Thailand's legislative system breaks down. The rich and the powerful, for whom the law is optional, just cannot restrain themselves from treating the legal/justice as just another tool in their arsenal for achieving dominance, repression, and most importantly, enlarged self-esteem.

A reasonable justice system in Thailand, is, I believe, as faraway as a reasonable education system is in Thailand, and for the same reasons. There needs to be a concerted effort to educate Thais in behavioural traits that are consistent with their aspirations toward being a developed country. As I've said before, if they start now in Thailand, it will take three generations before Thailand resembles a developed country in these important regards, and I doubt they will start now. In fact I doubt they will start before the elites are toppled by a civil war. This has been the lesson learned from elsewhere in the world, the 'haves' do not relinquish their wealth/power/prestige/self-esteem for as long as a choice is given them.

Not a thrilling prospect I grant, but one which approximates to the reality on the ground.

Happy New Year folx, whatever happens in Thailand this year, it won't be dull.