Lese majeste law 'needed to protect head of state'

Sayam Prachapiwat (Siam People’s Reformation), created last Friday with 26 academics from eight universities as members, said Article 112 of the Penal Code involving lese majeste was not a problem in itself, but that the problems were being caused by unfair and inefficient enforcement of the law.

“The justice process is being interfered with by people in political power. This is also the case in the enforcement of other laws, and Article 122 is no exception,” the group said in a statement released yesterday. “To solve problems with Article 112, you need to address problems in the process of criminal justice. To remove the clause or separate it from the chapter regarding national security is not a way to solve the problem.”

The group also countered a claim that protecting the monarchy through the lese-majeste law had resulted in rights and freedom being restricted. It said that as head of state, the monarchy deserved special protection from the excessive exercising of rights and liberties.

“Sayam Prachapiwat views that Article 112 of the Penal Code – which protects the monarchy as ‘head-of-state institution’ – does not restrict people’s rights and freedom of expression, as has been claimed,” the group said.

It was reacting to a campaign for the amendment of Article 112, which is led by a group of law lecturers calling themselves Nitirat or Citizens of Law. The proponents said the penalties were too harsh and that politicians misused the law to punish their enemies. 

Meanwhile, the National Human Rights Commission yesterday rejected media reports that it supported calls to amend Article 112.

The commission said the monarchy, as head of state, deserved protection against insults in the same way as foreign heads of state, who are also protected under Article 133 of the Penal Code.

“Media reports that the National Human Rights Commission supports amendment to Article 112 of the Penal Code are inaccurate,” the statement said.

In a related development, Thawil Pliensri, former secretary-general of the National Security Council who is now an adviser to the prime minister, yesterday voiced his opposition to the proposed amendment of the clause. He said that over the past five years of political conflict, there have been more violations of the law through different channels, including the Internet, noting that prior to that such offences were “very rare”.

“The problem is not caused by the law itself. It rather involves the enforcement of the law, so the problem should be tackled at the right point. It is not that when there is an increase in offences, you just rescind the law so it is no longer considered an offence,” he said.

Thawil viewed this dispute between proponents and opponents of the amendment as a sensitive issue that could lead to violent confrontation in Thai society. 

“We should all help to remove the firewood from the stove. If there is violence, we will all be affected,” he said.