Time for long-overdue reform of outdated legislation

The latest high-profile case involved Amphon “Akong” Tangnoppakul, 61, who has been sentenced to 20 years in prison. Akong was found guilty on four counts under the lese-majeste law and computer crime laws. While this incident angered many Thais, it was celebrated by others.  

In many ways, the Akong case is no different from any other cases. The many reasons behind the use of the law range from: sustaining the myths that surround the monarchy; protecting the institution; cloaking the anxiety over the royal succession; controlling society; prolonging the military’s role in politics (as the protector of national security); and coping with the technological revolution in cyberspace. 

But the more the law is employed for political purposes, the more they indeed weaken the monarchy. Its discursive usage highlights a sense of desperation, not authority. Someone like Mallika Boonmeetrakul, deputy spokeswoman of the Democrat Party, who continues to advocate harsh measures against so-called anti-monarchy elements, plays a major part in reducing the level of reverence towards the monarchy. Monarchists are the ones who breed anti-monarchists. 

Interestingly, it appeared that lese-majeste charges were made in a much more focused way prior to the 2006 coup. For example, even Thaksin’s Thai Rak Thai Party, at one time, accused the Democrat Party of committing lese-majeste, for allegedly exploiting the monarchy in its election campaign. Similarly, Thaksin and Sonthi Limthongkul, a leader of the People’s Alliance for Democracy (PAD), also blamed each other for disrespecting the royal institution. 

After the coup, with the political space much more open, law enforcers began to target virtually anyone with different ideas. Treason seems to be everywhere. The lese-majeste law emerged as a device to silence political dissents. 

Statistically, in 2005, 33 charges came before the Court of First Instance; they later handed down 18 decisions on those cases. In 2007, the number of charges had increased almost fourfold to 126. This number jumped to 164 in 2009, and then tripled to 478 cases in 2010. The most dramatic increases came under the Democrat Party-led government of Abhisit Vejjajiva, which adopted a royalist line with a strong backing from the military.

Sadly, Akong will not be the last in this game of reinforcing “forced affection” for the monarchy.

I launched the “Thailand’s Fearlessness: Free Akong” campaign on November 30, to push for the release of Akong, among other things. This campaign has been inspired by Burma’s Fearlessness project, endorsed by opposition leader Aung San Suu Kyi, to give courageous support for many Burmese political prisoners. It is a peaceful campaign; each signatory is required to write the name “Akong” on their palm as a gesture of support for the campaign for his freedom.

Akong is a perfect victim in this game of political revenge, in the sense that this is an elderly Thai-Chinese man, who perhaps knows little or nothing about the lese-majeste law, who might not even be able to speak Thai very well, who is possibly not well versed in using a cell phone and sending text messages, and who may have never been politically active. Yet, all these potential factors did not prevent him from being accused and arrested. 

The length of the sentence is 20 years for four SMS messages. Is this Thailand? This is a country where the King is supposedly much loved and respected by all Thais. This is also the country that has the most severe lese-majeste law in the world.

Thailand’s Fearlessness campaign is meant to send a strong message for the immediate release of Akong and all political prisoners, and more importantly, for the reform, or even abolition, of this anachronistic law. In this way, Thailand can only fully become a civilised nation among others in the world. The reform of the law could possibly be done within the larger context of amending the current 2007 constitution. This would not be an easy task. 

There are currently over 1,000 people on Facebook who have expressed an interest in joining the campaign. More than 470 people have already sent in their photos with the word “Akong” on their palm, as part of the show of support. I am planning to put all these meaningful photos together in the form of a book, to remind those who have abused justice that the level of tolerance among decent Thais has reached its limit. Unless we stand up to protest against Article 112, Thailand will never progress as a country where basic human rights are protected.

 

Pavin Chachavalpongpun is a fellow at Singapore’s Institute of Southeast Asian Studies. Follow him at www.facebook.com/pavinchachavalpongpun.