Lese majeste clause overrides individual rights : Court
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The Constitution Court issued a unanimous decision yesterday endorsing the lese majeste clause in the Criminal Code and saying that it was constitutional.
Defendant Somyos Prueksakasemsuk raised the issue of the clause’s constitutionality in his defence for remarks deemed offensive to the monarchy.
In his defence writ, Somyos contended that the penal code’s Article 112 was in conflict with his Constitution-sanctioned freedom of expression (Article 45), his constitutional rights (Article 29) and the role of the King (Article 3).
The high court struck down his arguments on grounds that the monarch, as head of state, was entitled to protection under the rule of law (Article 8).
The protection, including the offence and penalty, is in effect commensurate with the stature of head of state and does not violate an individual’s rights, the court said in its verdict.
