The Thailand Forum

The Thailand expat forum for Travel, Lifestyle and Fun.



Welcome to the TeakDoor.com The Thailand Forum.

You are currently viewing our boards as a guest which gives you limited access to view some discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our community today!

If you have any problems with the registration process or your account login, please contact us

TeakDoor Advertising Rates

Forum Home Donate Arcade Chat Room Gallery Blog Mark Forums Read
Go Back   TeakDoor.com - The Thailand Forum > Living And Legal Affairs In Thailand > Thailand - The Royal Family
Home Register TD Links FAQ Members List Calendar Weather Search Today's Posts Mark Forums Read

Thailand - The Royal Family News about visits of Thai royals overseas and around the provinces including his Royal Majesty King Rama IX Bhumiphol Adulyadej. Various ceremonies to be attended, court news, and forthcoming events involving the royal family. Please be aware of the very strict LM laws that are applicable in Thailand before posting, and that posts will be moderated.

Thai Dating  Savile Row Fashion Bangkok

Reply
 
LinkBack Thread Tools Search this Thread Display Modes
Old 17-01-2013, 04:28 PM   #1 (permalink)
Mid
Thailand Expat
 
Mid's Avatar
 
Join Date: Aug 2007
Posts: 46,418
Mid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand Expat
Thai comedian and 'red-shirt' leader jailed for royal insult

Thai comedian and 'red-shirt' leader jailed for royal insult
17 January 201



Yossawaris Chuklom is a prominent "red-shirt", the group that led Bangkok protests in 2010

A prominent member of Thailand's "red-shirt" political movement has been jailed for two years for insulting the monarchy in a 2010 speech.

Activist and comedian Yossawaris Chuklom, who uses the stage name Jeng Dokchik, made the speech at a rally in Bangkok during political protests.

People found guilty under Thailand's strict lese majeste laws can face up to 15 years in prison.

Critics of the law say it has been used to suppress free speech.

Thailand has endured political upheaval since a military coup in 2006 which ousted then Prime Minister Thaksin Shinawatra, who went into exile.

In March 2010, "red-shirt" protesters - many of whom supported Mr Thaksin - occupied key parts of the capital, Bangkok, demanding the government of then Prime Minister Abhisit Vejjajiva step down.

More than 90 people, both civilians and soldiers, were killed in the protests, which went on for over two months.

A lawyer for Mr Yossawaris said he had originally been sentenced to three years but that the judge reduced it to two because he had given useful evidence.

Thamrong Lakdaen said his client intended to appeal against the verdict, and would apply for bail.

Mr Yossawaris currently serves as an advisor to Thailand's deputy commerce minister in a government led by Mr Thaksin's sister, who won elections in 2011.

Thailand's lese majeste laws are intended to protect the monarchy, headed by 85-year-old King Bhumibol Adulyadej.

But critics say they have been increasingly politicised and used to curb free speech.

The discussion intensified after a Thai man in his 60s who was jailed for 20 years for sending text messages deemed offensive to the royal family died in prison last year.

bbc.co.uk
__________________
"Keeping quiet while monks and other peaceful protesters are murdered and jailed is not evidence of constructive engagement." - Arvind Ganesan, Human Rights Watch.

"I think...I think it's in my basement. Let me go upstairs and check" - M.C. Escher
Mid is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiTweet this Post!
Reply With Quote
Sponsored Links
Thailand Company Registration
Gods of Thailand
Bangkok Escort
Old 17-01-2013, 05:50 PM   #2 (permalink)
Member
 
bash street gang's Avatar
 
Last Online: 07-07-2014 09:24 PM
Join Date: Sep 2011
Posts: 138
bash street gang Thailand Expatbash street gang Thailand Expatbash street gang Thailand Expatbash street gang Thailand Expatbash street gang Thailand Expatbash street gang Thailand Expatbash street gang Thailand Expatbash street gang Thailand Expatbash street gang Thailand Expatbash street gang Thailand Expatbash street gang Thailand Expat
'Activist and comedian Yossawaris Chuklom,..........
Mr Yossawaris currently serves as an advisor to Thailand's deputy commerce minister '.........a clown as adviser.......brilliant.
bash street gang is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiTweet this Post!
Reply With Quote
Old 17-01-2013, 06:23 PM   #3 (permalink)
Mid
Thailand Expat
 
Mid's Avatar
 
Join Date: Aug 2007
Posts: 46,418
Mid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand Expat
In Thailand, a Broader Definition of Insulting Royalty
THOMAS FULLER
January 17, 2013

BANGKOK — It has become almost routine in Thailand for judges to hand down jail sentences to those convicted of offending the country’s king. But an unusual ruling issued on Thursday appears to considerably broaden the interpretation of Thailand’s already restrictive lese majesté law.

In sentencing a former protest leader to two years in prison, a court ruled that the defendant was liable not only for what he said, but for what he left unsaid.

The criminal court’s ruling said the defendant, Yossawarit Chuklom, had not specifically mentioned the king when he gave a speech in 2010 to a large group of people who were protesting a military-backed government of the time.

But by making a gesture of being muzzled -- placing his hands over his mouth -- Mr. Yossawarit had insinuated that he was talking about the king.
“Even though the defendant did not identify his Majesty the King directly,” the court ruled, Mr. Yossawarit’s speech “cannot be interpreted any other way.”

Thailand’s lese majesté law, one of the world’s most restrictive, has been invoked frequently as King Bhumibol Adulyadej, 85, enters his twilight years.
In recent years, dozens of people have been convicted for insulting the king and his family. Among the cases were a Swiss man sentenced to 10 years in prison in 2007 for defacing posters of the king; a naturalized American citizen convicted in 2011 for translating a banned biography of the king that asserted that he has been more involved in politics than his generally recognized in Thailand; and a Thai truck driver who received a 20-year prison term for sending explicit text messages that insulted the king and queen.

The judgment on Thursday appears to have been the first time that someone was convicted for implying an insult, said the defendant’s lawyer, Thamrong Lakdaen.

“There was no mention of the king’s name in the speech,” Mr. Thamrong said. “It’s all interpretation.”

Mr. Thamrong said the court used “speculation” to convict his client.

Thai law calls for prison sentences of up to 15 years for “insulting, defaming or threatening” three members of the royal family: the king, the queen and the crown prince.

Mr. Yossawarit, the defendant, is currently an adviser to the Commerce Ministry. In 2010, he was a leading member of the “red shirt” movement that was seeking the dissolution of the government of Prime Minister Abhisit Vejjajiva.

Mr. Yossawarit told a crowd of protesters in March 2010 that there were a number of people who opposed the dissolution of the government. He named the military and the head of the privy council, Prem Tinsulandonda, among others.

But there were also someone else, he said, placed his hands over his mouth. “I am not brave enough to say it. But I know what are you thinking right now,” he told the crowed. “So I will keep my mouth shut.”

The court ruled that it was obvious whom Mr. Yossawarit was talking about. During the trial Thai citizens with no apparent connection to the case were called to the stand and asked to whom they thought Mr. Yossawarit was referring. All of the witnesses said the king.

Mr. Yossawarit initially pled guilty to the charges – a common tactic by those seeking a royal pardon. But he changed his plea and contested the case. He plans to appeal Thursday’s verdict, his lawyer said.

The government has established a special unit that monitors the internet for royal insults. The official censors went as far as to recently block access to the webpage that reproduced the text of the historical document that ended the absolute monarchy in the country in 1932.

The king has suffered from a number of illnesses not completely explained by the palace and has been residing in a special suite of a Bangkok hospital since September 2009.

nytimes.com
Mid is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiTweet this Post!
Reply With Quote
Old 17-01-2013, 09:27 PM   #4 (permalink)
Twitter #BKKTS
 
Tom Sawyer's Avatar
 
Last Online: 20-07-2014 10:05 PM
Join Date: Sep 2009
Posts: 9,223
Tom Sawyer Thailand ExpatTom Sawyer Thailand ExpatTom Sawyer Thailand ExpatTom Sawyer Thailand ExpatTom Sawyer Thailand ExpatTom Sawyer Thailand ExpatTom Sawyer Thailand ExpatTom Sawyer Thailand ExpatTom Sawyer Thailand ExpatTom Sawyer Thailand ExpatTom Sawyer Thailand Expat
Very noteworthy post Mid - and 'speaks' volumes about those who seek to abuse the laws. Thanks for that.
Tom Sawyer is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiTweet this Post!
Reply With Quote
Old 21-01-2013, 03:49 PM   #5 (permalink)
Mid
Thailand Expat
 
Mid's Avatar
 
Join Date: Aug 2007
Posts: 46,418
Mid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand ExpatMid Thailand Expat
Thailand’s latest lèse majesté sentencing: intent on trial
Saksith Saiyasombut & Siam Voices
Jan 21, 2013

Thailand’s draconian lèse majesté law continues to curb freedom of expression and has arguably reached a new level of arbitrariness with the most recent sentencing:
A Thai court has sentenced a leader of the Red Shirt political movement to two years in prison for a speech judged to have insulted the country’s monarchy.

The court ruled Thursday that 54-year-old Yoswarit Chuklom made a speech insulting the monarchy at a political rally in 2010. The Red Shirts took to the streets in 2010 in political protests that ended with deadly clashes with the military.
Thai Red Shirt gets jail term for anti-king speech“, Associated Press, January 17, 2013
A Thai court today sentenced a government adviser, who helped lead protests in 2010 against former Prime Minister Abhisit Vejjajiva, to two years in prison for insulting the royal family.

Yossawaris Chuklom, a comedian who goes by the name Jeng Dokjik, received the sentence for comments made in a speech to protesters that implied King Bhumibol Adulyadej influenced Abhisit’s decision not to dissolve the parliament, according to a court statement. The court said it freed him on bail while he appeals the sentence because he showed no intention to flee.
Thai Comedian Gets Two-Year Prison Sentence for King Insult“, Bloomberg, January 17, 2013
While Yossawaris can not be considered as one of the highest-ranking red shirt leaders – of which there were many during the 2010 protests – his sentencing still needs special attention.
In sentencing a former protest leader to two years in prison, a court ruled that the defendant was liable not only for what he said, but also for what he left unsaid.

The criminal court’s ruling said the defendant, Yossawarit Chuklom, had not specifically mentioned the king when he gave a speech in 2010 to a large group of people protesting the military-backed government then in power. But by making a gesture of being muzzled — placing his hands over his mouth — Mr. Yossawarit had insinuated that he was talking about the king, the court ruled. “Even though the defendant did not identify His Majesty the king directly,” the court ruled, Mr. Yossawarit’s speech “cannot be interpreted any other way.”

The court ruled that it was obvious whom Mr. Yossawarit was talking about. During the trial, Thais with no apparent connection to the case were called to the stand and asked to whom they thought he was referring. All of the witnesses said, “The king.”

In Thailand, a Broader Definition of Insulting Royalty“, by Thomas Fuller, New York Times, January 17, 2013
This is indeed a new dimension of how arbitrarily lèse majesté is being applied here, on top of an already ambiguously written law (“insulting, defaming or threatening”): As many other lèse majesté (e.g. Ampon’s) or similar cases (e.g. Chiranuch’s) have shown, the principle is actually “in dubio contra reo” (“when in doubt, decide against the accused”) for many different reasons. Since the presumption of innocence doesn’t apply here, the prosecution is mostly not interested in the actual evidence (or the lack of in some cases), but rather in the “intent” of the alleged crime.

David Streckfuss, a Khon Kaen-based academic and expert on the lèse majesté law, wrote in an academic article in 1995 – long before the recent surge of cases – about the rationale of these cases, since “the truth or accuracy of the defendant’s words is irrelevant to the case. The defendant’s intent is determined by its hypothetical effect” (p. 452). Taking the case of then-Democrat Party secretary general (and later Thai Rak Thai executive and even later red shirt leader) Veera Musikapong from the 1980s, Streckfuss has deduced five ‘principles’ that highlight the absurd mechanics of this draconian law – here’s an excerpt:
The First Principle: Truth and Intent are Subordinated to Presumed Effect

Truth or guilt is determined purely by its effect. In a regular slander case, the central issue is substantiating the truth – that is, a statement of truth that sullies someone’s reputation is not slander. If the defense can prove what the defendant said was true, the plaintiff’s case is lost, even if that truth has stained his or her character. In lese-majeste cases, however, it is not necessary to substantiate the truth, for the truth of what was said is not at issue. Ascertaining guilt remains at the level of its hypothetical impact, determined by the projected effect the words, if believed to be true, would have on listeners. [...]

The Second Principle: Actual Proof of Lese-Majeste Requires Further Violation of Royal Dignity

“[G]uilt is determined by what the court estimates a safely abstract (and unascertainable) ‘people’ would feel were they to hear the words and believe them to be true. As a result, the prosecutors have the contradictory task of trying to argue how inflammatory the slanderous remarks are – that they indeed constitute a threat to the security of the state and would cause people to look down on the king or the monarchy – while at the same time maintaining that the words have no such effect on them personally. [...] If a witness for the prosecution, say, admitted that the intended effect of the words – to cause the king to be looked upon negatively – had succeeded in his or her own personal case, this would indeed be a confession, under oath, of lèse-majesté.”

Kings in the Age of Nations – The Paradox of Lèse-Majesté as Political Crime in Thailand”, by David Streckfuss, in: Comparative Studies in Society and History, 1995, vol. 37 (3), pp 445-475 at p 453, 458
As of now, Yossawaris has appealed his sentencing. Meanwhile on Wednesday, the criminal court is expected to read their verdict against veteran labor activist Somyot Prueksakasemsuk, who is charged for editing articles in a news magazine that were deemed insulting to the monarchy. Lèse majesté continues to make headlines in 2013 and those defending it still find it hard to realize that with each case…
“The end result is that the dynamic of this law do more damage to the monarchy than its critics could ever hope.”

Kings in the Age of Nations – The Paradox of Lèse-Majesté as Political Crime in Thailand”, by David Streckfuss, in: Comparative Studies in Society and History, 1995, vol. 37 (3), pp 445-475 at p 473
____________________



About the author:
Saksith Saiyasombut is a Thai blogger and freelance foreign correspondent based in Bangkok, Thailand. He writes about Thai politics and current affairs since 2010 and is also reports for international news media such as Channel NewsAsia. You can follow him on Twitter @Saksith.

asiancorrespondent.com
Mid is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiTweet this Post!
Reply With Quote
Reply


Register Forum Home Donate FAQ Members List Calendar

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

TeakDoor Advertising Rates

All times are GMT +7. The time now is 01:40 PM.


Powered by vBulletin®
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.5.2 PL2
Copyright ©2005 - 2013 by TeakDoor.com
Page generated in 0.27186 seconds with 22 queries