FACTorial: What is lèse majesté?
April 30, 2012
Read it for yourself!
PDF scan of the charge sheets
Unofficial English translation: http://thaipoliticalprisoners.files.wordpress.com/2011/04/charge_sheet2.pdf
Details of the case against Somyot: http://thaipoliticalprisoners.wordpress.com/pendingcases/somyos-pruksakasemsuk/
Somyos Pruksakasemsuk, a labour activist and editor of two Redshirt magazines, was arrested on April 30, 2011. He has been denied bail eight times and has spent the last year in gaol.
The first of Somyot’s publications, Red Power, was banned by Thai govt as subversive using the powers of martial law created by the Prime Minister’s April 2010 Emergency Decree.
Somyot immediately started another Redshirt journal, Voice of Taksin. Two articles were published under the pseudonym of Jitra Polchan. The first appeared in Voice of Taksin Vol. 1, No. 5, in February 2010 titled “Bloodbath plan and shooting an overshot.” Although deemed “satirical” in the press, this article is particularly relevant today because the issue of an assassination attempt on the fugitive former prime minister is again in the news. The second, “Sharp Thinking” appeared on pages 45-47, Vol. 1, No. 16 in March 2010.
In Thailand, repetition of LM is considered to be a further criminal act. Thus, even in court, the judges, prosecutors, defence attorneys may not utter the substance of the charges. This often results in in camera, or secret, trials, closed to the public.
Freedom Against Censorship Thailand (FACT) finds this complete nonsense from a backwards, looking-glass world. In a democracy, citizens must be able to know the accusations to determine their veracity.
This works both ways: If Thai govt wishes these wholesale prosecutions to serve as cautionary lessons so others will not repeat the offence, we need to know what the offence is. If the charges are spurious, as they often are in Thailand, the public needs to see that, too.
FACT is therefore taking the step of reprinting the two articles for which Somyot faces decades in prison. The content is, frankly, unimportant. What’s crucial is the rule of law and the public’s right to know guaranteed by the Thai Constitution.
Precisely which words “defame, insult or threaten” Thailand’s monarchy? You tell me…
Charge-sheet Black Case no.
The Criminal Court
Twenty-second day of July, 2011
Public Prosecutor, Office of Special Litigation 4, Office of the Attorney General (OAG) Prosecutor
v. Mr. Somyot Pruksakasemsuk
On the offence of “defaming, insulting, or threatening the King, the Queen, the Heir- apparent, or the Regent”.
The case has been subjected to investigation of inquiry officials at Department of Special Investigation (DSI).
I hereby as public prosecutor of Office of Special Litigation 4, as Prosecutor, would like to prosecute Mr. Somyot Pruksakasemsuk, 50 years, private businessman, as Defendant. Address…
With the supporting information as follows;
(1) The defendant has committed an offence on many instances including;
(a) During 15 February 2010, daytime, to 15 March 2010, daytime, the defendant dared to defame, insult, or threaten His Majesty the King Bhumipol Adulyadej of the Kingdom of Thailand through the publication and dissemination in public including in Bangkok and provinces throughout Thailand of the Voice of Tuksin [sic] magazine (“Siang Thaksin”), Vol. 1, no. 15, the latter fortnight of February 2010. The issue carries an article written by “Jitra Polchan” (penname) titled “Bloodbath plan and shooting an overshot” on pp.45-47 (as per appendix I) with the following detail;
“Well…being a born a Thai like Jitra, who would think such a day will come. Since born, we assumed that he was very kind and loved his people. But now, he made it loud and clear that hundreds of thousands of people shall be killed. He even managed to get hitmen from abroad to help. He accused these people of adoring Thaksin. But in fact, some of them love democracy more than Thaksin. (He said) these people cannot be spared. It does not matter if millions got to be killed only to keep his family intact.
It is not that all the ammarts [elites] are bad people. Some who overheard the information ran to inform me with their fast pounding heartbeats. They wanted me to disseminate this information to the masses to whom we owe much. Weeping while I tell you how bad this person can be. We used to be misled that he loved his people and because Thaksin was a bad person, he encouraged those bandits to uproot our democracy. Now we know that Thaksin is a good person and has done nothing wrong. Instead of stopping there, he even ordered killing of more people. It made it vividly clear to us how cruel this family is. And in fact the ancestor of this family got adopted and became powerful as he grew up (just like how Thakson adopted and raised Newin, Surakiat, Wissanu, Bawornsak, Anuthin, and the master of these people). When he got his chance he began to kill the person who adopted and helped to raise him up. He had his adopter held in custody and accused him of being insane and was not capable of ruling the country. Then, his adopter was stuffed in a red sack and then mercilessly slain. Look at how cold-blooded this ancestor could be and how could his descendants got to a peaceful ending? But I could not imagine that it has been over 200 years past, and the family only got to face the music just now.
In fact, to kill en masse or to kill individually, some insane older person has planned for it for a long time. I have not heard of this before. But when I heard of this from an “insider” who has some morals, I could think through of the “murder plan”.
It started with using underdog mafia, the wandering and unborn spirit, to kill Thaksin. It happened with the bombs planted on Thai Airways’ Boeing 737 on which Thaksin was supposed to board during his first year as Prime Minister.
Then, someone without future and hope, like Sondhi Limthongkul was used to harness bad reputation of Mr. Thaksin and that would pave the way for getting him murdered. Thaksin was painted with a very bad image and no one would care for him if he got to die. The same ploy had been used against Mr. Pridi Banomyong, Dr. Puey Ungphakorn, Kruba Sri Wichai, Dr. Sanong Boonyothayan, Phra Pimon Tham, etc.
The army officer, police officer, and hitman (professional one) were ordered to carry out (the assassination). Army officers came from special combat units. And some sniper has been asked to come from Lopburi. But luckily, the PM changed his travel plan to the North. The police had been summoned for help, all those with bad record and simply ask for their lives to be spared like Somkid and Boonthanom. The hitmen had been recruited by the Internal Security Operations Command (ISOC). Eight attempts on life of the democratic leader have been crafted out including the car bomb at Bang Plad, which had been mocked by bad media such as the “Nay-Chau” (referring to The Nation). Luckily, some high ranking officials who were promoted to the rank of General and took sides with the democratic front said no to this plan. He said it was okay to kill the person, but not his family members otherwise it would be against his principles.
The military, police officers and scumbags abroad had been ordered to track down where and how Thaksin lived abroad to get prepared for his assassination. Such a plan was laid out while he was in the UK and even in Cambodia. Luckily, these countries were not willing play along with this dirty game. Recently, three such officers (who were asked to keep a watch on Thaksin) were arrested by the Vietnamese authorities and I heard that their lives are no more.
Here is the work of the bastard (“Hiam Mor Hai”) whose humanity could no longer be found. Whether he be so old or not so old, I imagine that he crawls on the floor like a wretch with almost no morals.
Nevertheless, those previous damn plots are not even bad as the incoming one being sent down from a highrise of a hospital in Rama IX neighborhood. I got to tell you so that you know how a Buddhist country has been turned into a “rule by the wretch” and how the beasts have been given power to rule over humans.
On the day the Court set to deliver a verdict on the assets of Thaksin and his family, aka the “76 billion baht case”, these damn people planned to rip him off of all the assets. They feared that otherwise Thaksin would have money left at his disposal to undermine their power. They simply (made up) propaganda (about) where the money came from to convince people that the assets should be seized. Meanwhile, they were aware that the flames lit up by the Red Shirts are so strong and could not be put out. The masses were not concerned about Thaksin’s monies, but they could not bear with having the robbers, and the great robbers steal from them time after time. They knew they had to fight back.
That’s why, my dear friends, the unidentified gigantic beast, the “invisible foot”, had to do something again. It was like an intervention he made during the massacre of students and people on 6 October 1976, all was meticulously the same.
The old devil ordered that after seizing the assets, let the people take to the street in full fledge. Then, he would have a hitman to follow the judges in asset case and kill them one after one and make it look like the judges were killed by supporters of Thaksin and the Red Shirts. It would coincide with a warning from “Seh Daeng” [a Redshirt Thai Army general who was assassinated by a sniper on the Redshirt stage] who had mentioned possible attempts on the lives of the ruling judges. (After the judges were killed), they will cite Sae Daeng’s statements to support their claim. And then, they would publicize news in Thailand and around the world that the judges were killed by Thaksin supporters.
And then, they shall carry out the most heinous suppression of the pro-democratic masses “making blood fill an elephant’s stomach”.
Some Ammarts even looked for help from the superpowers to suppress the people. Those superpowers were made voiceless [in the background] as they had been supporting these people since the Cold War period. There was just no time to pretend to be democratic. So they helped to supply some forces, equipment and intelligence. Some of their troops having the rehearsal in Thailand were even ordered to stand by here and to wait for at least three months since they might be needed to battle the war.
Can you see now…how prepared they were? I tend to say things half-jokingly, but for this information I have to make it loud and clear that these people look at the people like a a poor wretch. They planned for the carnage. How can people sit still to let them kill us?
We’ve got to fight them back!”
In essence, the article wants to convey a message that His Majesty the King Bhumibol Adulyadej was the person who ordered the massacre on 6 October 1976 and had been planning to kill many people so mercilessly after the verdict to seize Thaksin’s assets was made. The information is unfounded. Also, it shows hatred and a threat against HM the King, and therefore construes an act of defaming, insulting and threatening HM the King, the Head of the Kingdom of Thailand.
(b) During 1 March 2010, daytime, to 15 March 2010, daytime, the defendant dared to defame, insult, or threaten His Majesty the King Bhumibol Adulyadej of the Kingdom of Thailand through the publication and dissemination in public including in Bangkok and provinces throughout Thailand of the Voice of Tuksin [sic] magazine (“Siang Thaksin”), Vol. 1, no. 16, the former fortnight of March 2010. The issue carries an article written by “Jitra Polchan” (penname) titled “Khom Kwam Kid” [“Sharp Thinking”] on pp.45-47 (as per appendix II) with the following detail;
“Jitra exposed the “bloodbath plan” last time to help my sisters and brothers get prepared; we had been misled that we were fighting against the underdogs like Uncle Prem, Uncle Surayud, Uncle Pee, Uncle Prayuth, etc. We might have just wasted our forces. In fact, our enemy has never changed. The only enemy of democratic fighters like us is still “Luang Naruban” of the “Ghost Hotel”, the same vicious devil. The spirit has taken its roots in Thailand for so long and so deeply. It has never been reborn and at least three levels of hell are awaiting him including the hell for his murder, the one for his exploiting people all over the country and the last one for his being a big liar (that he is such a good and noble person). He still shamelessly plays on with his mask on stage while the audience is throwing their shoes against his head and some have started to dismantle the stage and want to soak him with hot water.
All of a sudden, Jitra recalls that many younger people may not be aware of the bloodbath plan in 1976. It was the same old formula to pitch Thais against Thais to get them to kill each other during the mayhem called the “6 October Event”. It was like the first practice of “Luang Naruban” to sharpen his skills in massacre in broad daylight and right in the city without any sense of guilt and shame. Jitra is certain that those living during the massacre and those getting to read the information are instantly aware that the “devil” is really a blood sucker.
If one ponders what, when and how those events had happened in the past three decades, it would not be difficult to imagine what the Ammarts have in mind nowadays.
I have to admit that there are many people out there who know much more than I. Should I miss any information, please help me fill it in.
Back in 1958, “Luang Naruban” kept convincing the big General, Sarit Thanarat, who was so indulged in hierarchical idea, to commit a coup against his own master to whom he used to swear all his loyalty. Sarit was then propped up as the country’s dictatorial leader and “Luang Naruban” exerted his power through Sarit, aka the “Field Marshall with Red Sarong” (he always wore a sarong since he was so addicted to sex and had to have it all the time). “Luang Naruban” used his power to get any leftists killed fearing they were going to topple him. The law to establish the Crown Property Bureau (CPB) had been enacted since 1948 and it helped him to siphon a lot of money into his personal coffer and to build his power. The dictatorship during the period was the worst of its kind and the military dictatorship and traditional dictatorship got so well tied up.
After the departure of Sarit, another dictatorship was propped up led by Thanom-Narong-Prabhas. Then in 1973, “Luang Naruban” probably felt the lapdogs got so fussy and they became so “arrogant”; even Major Narong Kittikhachorn was posturing to compete with “Luang Naruban”’s own son. Meanwhile, Uncle Prapas scooped all the money like a mad man. “Luang Naruban” decided to get rid of them by pulling the strings behind the mass uprising. Kukrit Pramoj was asked to steer propaganda and mass psychology. Gen. Krit Siwala was asked to topple Thanom and dismantle his role in the army, and then a person of his choice was appointed as the government for two times. Then, he decided to relegate temporarily his power to the people and made sure that Sanya Thammasak, a “venerable monk” was made Prime Minister to shore up an image of honesty. (I would never doubt integrity of the “venerable monk”, the problem was he was misused by “Luang Naruban”). Then, when a government-elect was installed, the evil “Luang Naruban” kept intervening during the Seni, Kukrit and then back to Seni led coalitions. Luckily, “Luang Naruban” had to face Kukrit, someone as mad as he was. When Kukrit was asked to resign as Prime Minister and “Luang Naruban” wanted someone to replace him, Kukrit decided to dissolve Parliament instead. That took “Luang Naruban” by surprise even until now.
“Luang Naruban” seemed to have less experience than these people. Thus, he decided to play a new game and was convinced to use a bloodbath, and he even used the plan again in 2010. Discreetly, he recruited the right wing cliques including the Red Bull and Nawaphon [paramilitary vigilante groups]. Those people have also been recruited including Dr. Wattana Kiamkomol. Gen. Praphan Kulpichit, Gen. Samran Phattayakul, Maj.Gen. Sudsai Hassadin and the armed Buddhist monks under the charge of Phra Thep Kitti Panyakul of the Chittabhawan Wittayalai, aka “Kitti Vuttho”. After the preparations had been made, he started to infuriate democratic forces by gesturing for Field Marshall Prapas Jarusathien to come back to Thailand. Initially, Prapas was quietly sheltered in a safe house near the tobacco factory and Channel 7 since Prapas used to give favor to Channel 7. With military and police officers surrounding his residence, it made the situation look suspicious. Thus, “Luang Naruban” decided to ask Prapas to return to his foreign refuge again. Not long after that, he started to agitate people again. Now he made it [even] stronger by having Field Marshall Thanom return to the country getting ordained as a novice and staying at Wat Boworn Niwet openly. Of course, we know to whom Wat Baworn belongs. It does not take me to “teach the Supreme Patriarch” (whether the Supreme Patriarch is Somdej Yannasangworn, or whoever). The matter [Thanom’s return to Thailand] simply drove the Seni Pramoj coalition to their wit’s end. Then, “Luang Naruban” pitched the rightists against the leftists. In fact, they were not leftists and were simply students who were gathered at Lan Poh, Thammasat University to oppose the return of Field Marshal Thanom. Then, the cruel massacre of our children took place so cold-bloodedly. Jitra can only ask you who have never seen those historic pictures to manage to get a view of them. Then, you will get enlightened if this land is a “golden land” or, in fact, “a black land and a land of bloodbaths”.
In order to dismantle the pro-democracy movement and to restore his power, he started from taking power at the top level, something he was very good at.
The “6 October Plan” encompassed the following steps.
(1) Establish a network of nationalists who adore (in fact were crazy about) the nation, religion and monarchy and give them money, arms and moral support (Buddha amulets, etc.)
(2) Use media to discredit his enemy. Media started to claim loudly that the protesting students were descendants of the Vietnamese who were armed and plotted to occupy Thailand and accuse that the Seni coalition was a Communist regime or was infiltrated with Communist factions. It is comparable to the tactic used nowadays to accuse the pro-democratic movement as attempting to topple the monarchy and to change the rule and to spur corruption.
(3) Attempts were made to stir up the situation to pave the way for the use of violence. Thanom and Prapas were asked to come back as a decoy; nowadays the seizing of Thaksin’s assets was also used to stir people up. If it failed, he had to come up with something else.
(4) Hide himself completely
(5) Prepare to install the interim government and Prime Minister in 1976, and thus Thanin Kraivixien, an extreme rightwing professor of law, was recruited, and he was supposed to promise to develop democracy for 12 years (during which the country had to be subjected to dictatorship). Similarly, nowadays Palakorn Suwannarat had been promoted, but after the pro-democratic movement has been turned upside-down, someone else had to come as his replacement.
(6) The draft of the Constitution to restore his power had been prepared and dictatorial power had been hidden in the Constitution so neatly. The pro-democratic 1974 Constitution was revoked and replaced by the 1978 Constitution which paved the way for another decade of rule by Prem’s coalition.
Jitra would like to make it known that Thailand is State 3 now.”
The essence of the articles conveys the meaning that HM the King Bhumibol Adulyadej got involved in the conflicts and bloodshed clashes in Thailand in various times. He was also accused on masterminding successive governments of Thailand and initiating the dismantling of pro-democratic movements. Such information is unfounded. And thus, the act of the defendant construes an act to defame, insult, or threaten HM the King Bhumibol Adulyadej of the Kingdom of Thailand.
Incidences related to (a) and (b) took place in Wang Thong Lang District, Bangkok and several areas in the Kingdom of Thailand.
(2) Then on 30 April 2011, the defendant was arrested by the officials and was subjected to an inquiry by the inquiry officials.
The defendant denied the charge during the interrogation.
Throughout the course of interrogation, the defendant has been held in custody and is now detained invoking the Court’s writ as per Black Case no. P1244/2554. May it please the Court to allow the defendant to be taken to trial.
(3) The case has been accepted as a special case by the Special Litigation Committee during the meeting no. 4/2553 made on 3 May 2010. An inquiry has been conducted by special litigation officers of the Department of Special Investigation (DSI) and has been duly completed. The interrogation took place at the office of DSI located in Thung Song Hong, Lak Si, Bangkok.
(4) Previously, the defendant by the final judgment was ordered to serve one year jail term and a fine of 100,000 baht with the jail term being suspended for two years. It was a libel case by means of broadcasting, Black Case no. O3833/2552, and Red Case no. O1078/2552 at the Criminal Court on 3 April 2009. During the suspension of his jail term, the defendant is now found to have committed this offence, which is not a petty charge. May the jail term from his previous offence be added to any jail term he is ordered to serve in this case.
If the defendant asks for temporary release, it shall be subjected to the discretion of the Court.
An addendum request
The offence committed by the defendant as described in this charge-sheet is in breach of the following laws and provisions: Section 58, 91 and 112 of the Penal Code and Section 4 of the Act for the Amendment of Penal Code (no.6) B.E. 2523 (1983).
May it please the Court to convict the defendant and may the Court order that his previous jail term from the Red Case no. O1078/2552 ordered by the Criminal Court be added to any jail term levied against the defendant in this case.
I hereby submit a copy of the charge-sheet and certify the identical contents of the two documents.
The charge-sheet has been typed by Mr. Prasit Buarak, public prosecutor of the Office of Special Litigation 4.
[FACT wishes to thank Political Prisoners in Thailand for this unofficial English translation.]