In Thailand the legal system seeks to ensure that public comment about the monarchy can only be favourable. Under the lèse majesté provision of the criminal code, any action that insults or disrespects the royal family can bring a sentence of up to 15-years behind bars.
The most recent victim of this law is Melbourne man Harry Nicolaides, who has worked in Thailand as a university lecturer and freelance writer. He was arrested at Bangkok airport on 31 August 2008. As Nicolaides continues to languish in a Bangkok prison cell, the use and abuse of the lèse majesté law has received a modicum of worldwide scrutiny. However since 21 September, Nicolaides’ case has been completely out of the news.
He has been quietly forgotten.
Lèse majesté is a weapon used to defend the perceived honour of Thailand’s royal family. According to Paul Handley, the author of an unauthorised 2006 biography of the king, “[i]n Thailand, all that truly stands between royal virtue and London-tabloid-style media treatment is the lèse majesté statute.”
Since Handley’s controversial book–which is banned in Thailand–there have been a number of high-profile cases of lèse majesté involving foreigners. The two most recent instances where accusations have been levelled at non-Thais are illustrative of the problems with implementing this law.
In December 2006 Oliver Jufer was charged with the offence after defacing images of the king in Chiang Mai during a drunken spree. He was held for four months without bail, and after a quick trial was sentenced to ten years in prison. Jufer served another few weeks before he was pardoned by the king and deported to his native Switzerland.
At the time, outrage about his draconian treatment for an act of immature vandalism led to even more outlandish attacks on the Thai monarchy. There was a flurry of provocative and childish online protests that used the global reach of the YouTube video-sharing website to mock the Thai royals. In response, the Thai government banned YouTube. This sparked further international bemusement and condemnation. To conform to local expectations of fair comment, YouTube is today only available in Thailand in filtered form.
Since the Jufer fiasco, in April 2008 the BBC’s Bangkok correspondent Jonathan Head has been embroiled in a lèse majesté fight of his own. He has not been charged but is the subject of ongoing investigations. Head’s case is related to that of Jakrapob Penkair, an outspoken critic of military intervention in Thai politics and an eloquent ally of deposed former Prime Minister Thaksin Shinawatra. Comments made to the Foreign Correspondents’ Club of Thailand during 2007 landed both men in trouble.
When only Thais are involved, lèse majesté does not get as much attention. But one case that has entranced the international press involved student activist and social critic, Chotisak Onsoong. Earlier this year he was charged with lèse majesté after refusing to stand during the playing of the king’s anthem at a Bangkok cinema. Almost unique among recent lèse majesté cases, Chotisak welcomed the charge with further acts of public defiance.
The view of the king himself on lèse majesté is not completely clear. In his 2005 birthday speech he cautioned against the over-exuberant use of this criminal provision. Nonetheless many factions within the Thai elite continue to indulge in episodes of lèse majesté accusation and counter-accusation to score political points.
The king’s formidable media management apparatus is apparently comfortable with this situation. While he may have some personal reservations, the king has yet to make any explicit recommendation that lèse majesté be abolished. Perhaps it remains too useful as a tool for stifling open public debate about the role of the royal family in national political and economic life. Lèse majesté helps guarantee an unrelenting public diet of positive royal news.
In Thailand, it is even hard to report the details of a lèse majesté charge without fear of sanction. Detailed reporting runs the risk of repeating the offence. Self-censorship reigns. So Harry Nicolaides will be unlikely to ever see substantial details about his case published in the Thai media.
Hopefully foreign journalists will exercise their greater freedom to report on his predicament. Some, including the BBC’s Jonathan Head, The Age’s Peter Gregory, Reuters, the Associated Press and Reporters Without Borders have already made important contributions. But for the past two weeks there has been silence.
All reports suggest that the charge relates to a passage in an obscure book published by Nicolaides that describes the rather flamboyant private life of a Thai prince. This may have been an error of judgement on Nicolaides’ part but it does not, in any way, justify his current treatment. Respect for other country’s legal systems is all very well. But this is a law that silences Thais and foreigners alike. It prevents what we would regard as perfectly normal, if somewhat prurient, reporting on royal lives. More importantly, it muzzles public discussion of a range of issues that lie at the heart of Thailand’s ongoing political crisis.
The Australian media could be doing more to highlight the plight of Nicolaides and to open up broader regional discussion on this outdated taboo.
71 responses so far ↓
1 suthi mayteekoon // Oct 3, 2008 at 12:54 pm
Clearly a case of an unjust law. And when one thinks about what an unjust law is hiding, it makes one shiver.
2 Steve // Oct 3, 2008 at 2:06 pm
I emailed a few news editors as to why the silence in Australia when the story was first published in the bangkok post.
I recieved no reply.
3 Scott Newton // Oct 4, 2008 at 11:40 pm
Andrew and Nicholas,
I have been pro-active and have contacted various media outlets including the major Australian newspapers. I also wrote to various people/groups that often trivialise but are a huge market nonetheless (A Current Affair, Today Tonight and Hinch). I spoke to Hinch on air, and have recieved respones from A Current Affair and Today Tonight, along with contact from Karen Percy (ABC) and Peter Gregory (The Age).
Thank you for your efforts in bringing this incredibly unjust incarceration into the media spotlight.
4 David Woelke // Oct 21, 2008 at 9:18 pm
I worked with Harry in Saudi Arabia. Never in our times together did we need to fear this kind of justice as displayed in a different kingdom.
Harry and I have been in Thailand several times together since he wrote the book. I wonder why only now has the authorities chosen to take issue with a book that was published several years ago.
5 val // Nov 3, 2008 at 3:47 am
David, just wondering whether you actually ever viewed a copy of Verisimilitudes yourself. FACT has not been able to track down a copy and neither has anyone else I know, not even in Chiang Rai.
6 Daid Woelke // Nov 3, 2008 at 9:25 am
Val;
Yes, Harry sat in my office and went through several of the passages of his book with me. He was fairly proud of the book. I did not read the book but discussed it at length with him. I must also say that when he shared his book with me, he showed me passages where discussed the beauty and innocence of the Thai people and his absolute love for the country.
7 Adam Aitken // Nov 7, 2008 at 2:18 pm
I would like to know what defines LM? Language and gestures that do not pay respect of course. But are there more insidious instances of laying such a charge?
Adam
8 Jessica // Nov 9, 2008 at 9:53 pm
Lese Majeste is not the main issue, the main issue is malicious defamation.
I have not read Harry’s writings nor wish to, if they are malicious against another person, royal or not, then they are wrong.
I heard that Harry used malicious writings in order to popularize himself and this is definitely wrong.
If Harry had done this in an Arab country then his fingers would probably have been cut off already.
It is strange why mountains are made out of pathetic little troublemakers in Thailand – is there some agenda here? It appears to me like a gang of left wing writers that are receiving some benefits to write their drivel.
Laws are necessary to control these troublemakers, be they mad, malicious or hired for political reasons.
9 HC lau // Nov 10, 2008 at 2:06 pm
les majeste use to be a law to maintain the sanctity of the Monarch in Thailand. It is now simply a political tool to be applied by the powers in Thailand ( I am refering to the behind the scene powers)
The current PAD case of blocking the Royal route and telling the King to use another route is a clear insult to the Royals and yet no action is being taken. How more of an insult then to tell someone to “bugger off” take another route.
10 clement // Dec 5, 2008 at 9:45 pm
IMHO, harry N is an unfortunate pawn caught in the middle of a power struggle; used as a high-lighter by the PAD to further its sinister end..
11 Gary Aslan // Dec 7, 2008 at 8:21 pm
Sunday 7th December
I have just seen a Channel 7 (Perth) news segment about Harry’s plight. What a farce – the English press can write anything they like about the British Royal Family. I feel sorrow for the distress that Harry’s elderly parents are suffering.
It is time the Thai Royal Family used their powers to remove this archaic provision from their criminal code. Further, the Australian Journalists Association should become proactive on this issue to protect the right to free speech.
12 steve // Dec 7, 2008 at 10:56 pm
I emailed a few news editors as to why the silence in Australia when the story was first published in the bangkok post.
I recieved no reply.
^ from October
I also emailed the Prime Minister ..No responce
13 Scott Newton // Dec 8, 2008 at 9:08 pm
Hi Gary,
Thank you for finally writing something of value regarding this case. There is so much persicution re Harry on blogs and websites and it’s fantastic to see some positive and pro-active words.
On behalf of Harry and his family, thank you.
14 Nissara // Jan 19, 2009 at 3:57 am
Evil people make money by using others and that is what Harry did, can he not make up his own characters? Does he have to voice underground communist voices in the modern world?
Soom Harry will have many new friends joining him, dont worry.
15 Steve // Jan 19, 2009 at 6:40 am
Dear Nissara
I think you have another agenda which has nothing to do with Harry’s writing a book and being unfairly thrown in Jail….You mention “communist voices in the modern world” Please make your self clearer on the main contention of article as we are unable to get your meaning.
16 Jason Phillips // Jan 19, 2009 at 7:36 pm
Freedom of speech is a basic fundamental right.
If there is no truth in what is writen then the Thai have nothing to worry about.
Neverless, the punishment here clearly does not fit the “crime”, and it is time our government stepped in to protect one of its citizens from an archaic and stupid, stupid law.
17 Malk // Jan 19, 2009 at 8:52 pm
I only just heard about this story from the BBC News Website, and was looking around for more details. I’m shocked that there doesn’t seem to be much of an active campaign to have anything done about it. The British press have their faults (more than I could easily count), but they wouldn’t let a story like this gather dust if it involved a Briton. Have no Aussie MPs spoken up about it?
If there is a campaign to support Harry, please publicise it!
Malk – UK.
18 Tony // Jan 19, 2009 at 10:32 pm
It would be interesting to know what he actually said in his book. Thailand seems to have got the world’s press censoring itself on this issue, we in the developed world sometimes think that we can export democracy and freedom of speech to other countries but here we have a third-world country exporting its censorship to us. Thailand’s lese-majeste laws don’t stipulate that the offending remarks have to be false in order to be punishable, so it would also be interesting to know if Mr. Nicolaides’s remarks are true, or likely to be true.
19 John Francis Lee // Jan 19, 2009 at 10:51 pm
“Soon Harry will have many new friends joining him, dont worry.”
Yes, that’s the fear. Can anyone direct me to a website listing the particulars of all those, Thai and not Thai, presently charged with lese majeste in Thailand?
If you feel up to it you might drop by Giles Ji Ungpakorn’s site and sign the petition he has there protesting the political use of lese majeste prosecution.
Prof. Ungpakorn is himself going to be arraigned tomorrow… but you will not read about that in The Bangkok Post or The Nation. The Thai Ministry of Justice has “requested” the media to no longer report on cases of lese majeste. And they are complying!!
20 Ralph Kramden // Jan 20, 2009 at 12:15 am
According to the Straits Times, the Thai police claim – by way of Lieutenant General Suchart Mueankaoe, commander of Bangkok Metropolitan Police – that there are 17 active lese majeste cases, of which 8 are still being investigated. Not at all sure where one gets a list.
Nissara might well be right in suggesting that others will join Nicolaides in jail for the continued campaign against the “Thaksin regime” involves the use of lese majeste to settle political scores.
I really wonder if some of these posts are from the Thai military as they follow orders from Anupong and seek to counter anti-monarchy posts and pages?
Hopefully Nicolaides gets a royal pardon shortly. If not, then we can continue to draw negative inferences about the monarchy’s own role in lese majeste cases.
21 thai // Jan 20, 2009 at 3:14 am
Please respect ” Law” of other counties !!
22 Steve // Jan 20, 2009 at 9:12 am
Dear Thai
Please respect Universal Human rights as expressed in the United Cations Charter Declaration on Human Rights.
Your pitiful laws will make Thailand go backwards in History.Your Upper Echelons of Society will lose much money ans prestige in the world.
It is such a shame your country cannot elect any leaders with a true modern vision for Thailand.
My wife is Thai and has seen with her own eyes the bad things about Thailand. She is embarrassed that her people Will no wake up and make changes.
23 Mark // Jan 20, 2009 at 9:50 am
“Please respect ” Law” of other counties !!”
How can you respect a law that is clearly designed to censor public comment, can be abused and used to hide political agendas and then apparently can’t be reported on for fear of attracting a similar charge. it is a law indicative of an opressive regime that fears truth
24 Free Harry // Jan 20, 2009 at 9:56 am
Please sign the petition for immediate release of Harry Nicolaides at http://www.harrynicolaides.com
Free Harry Nicolaides
25 Ralph Kramden // Jan 20, 2009 at 10:04 am
Tony: I did include the words as presented by various news sources, but NM edited them out; not sure why. They were published in the Sydney Morning Herald and in Greeknewsonline.com.
26 David James // Jan 20, 2009 at 10:42 am
My guess is a certain royal is behind all this. If you can’t stop foreign internet websites from showing scandalous material, hit back by locking up an easy target,
the ‘disrespectful farang.’
The scary thing to contemplate is how the ‘lese majeste’ law may be used in the future!
27 democracy rules // Jan 20, 2009 at 12:21 pm
The people of Thailand need to come to terms with the antiquated notion of “monarchy”. In the USA today we see great changes as a result of democracy; maybe this can serve as an example for their national political evolution.
28 Joy // Jan 20, 2009 at 12:41 pm
There are many people like “Thai” in Thailand. They are stupid, ignorant and cruel but they have powerful backing . So many Thais will say ‘it serves him right’.. I don’t know what sort of mentality they have. I’m Thai as well. Please campaign for the amendment or even repeal of LM laws through whatever means u guys can think of, and count me in. I believe there are yet other Thais who feel angry and frustrated by this horrible injustice, and willing to show support for yr campaign.
29 Lek Sydney // Jan 20, 2009 at 4:37 pm
Dear Thai
Please respect ” Law” of other counties !!
I do believe everyone is respected law by common sense, especially when law is regarding to general use for equal human right. But this is not. It is just only used to protect some people. So,I will call, it is a rule of untouchable.
We are living in modren world. We can not just do only what we wanted to do. We must learn to respect others people when we are still needed them to come to our country.
30 Phil // Jan 20, 2009 at 5:23 pm
Well .. no more holidays in Thailand for me. Stuck in airports, riots .. and now I have to worry that if I mutter something innocuous that might upset the King then I’ll be thrown in gaol for 5-10 years.
That’s the sort of ‘democracy’ that reminds me of another ‘democracy’, one that likes to call itself ‘The World’s Largest Democracy’.
As to those who suggest visitors should respect Thai law, I agree. In fact, Thailand should require all inbound airlines to make an announcement that Thailand is the home of medieval laws, and that saying anything about the King might land you in jail. that should solve their problem with tourists .. they’ll stop coming.
31 Ntina Kitsou // Jan 21, 2009 at 5:53 pm
Harry, you absolutely have the right to write whatever you may please. An author knows where to stop and certainly what to say. Also editors usually do their job well.
I hope that you will get out of this place as soon as possible. It is a fine lesson for the rest of us to appreciate what we have (freedom to write, and the freedom to express it.)
What are the international writing unions, cogresses and associations doing???
32 Adam Aitken // Jan 21, 2009 at 6:56 pm
PEN in Sydney and Melbourne are urging members to write to the Australian Foreign Minister and the Prime Minister. According to PEN, letters sent by PEN members is having an effect on the Australian government which has shifted its attitude and become more concerned about Nicolaides.
Adam
33 Land of Snarls // Jan 22, 2009 at 3:07 am
re. Free Harry #25. Please put the petition on your website. Although I’m absolutely opposed to the imprisonment of anyone on such a ridiculous charge, I’m also opposed to signing a ‘petition’ which I haven’t read.
The website has 2 photos of Harry and a form asking for my name and email address. It also has the words, “Use a real address if you want it to work.” It could be from anyone, including the Thai Ministry for Certain Things.
NM readers who wish to sign petitions will find credible ones by doing a google search. Ji’s website has one, with full wording on show.
34 Jane // Jan 22, 2009 at 2:37 pm
As a Thai myself, I am all for this law to be abolished. King Bhumibol himself has been an exemplary ruler of Thailand and he himself does not need this law to protect any criticism. The Thais know that any criticism about His majesty cannot be true, and those rumours (unless backed with extremely solid evidences) would not be able to demerit His majesty in any way.
I agree that this law has been a political weapon for politicians to destroy their opposing sides. The ousted PM Thaksin (who is one of the most competent PMs in Thailand in many Thais’ perspective)’s popularity was dwindled by the accusations that he ‘wants to abolish the Monarchy’. Thai economic crippled since he was ousted, and up until now I have yet to see any evidence that Thaksin himself had even defamed or insulted the royal family in any way.
The problem is no one would dare to propose this change of law but the King himself. If any politician proposes the change of this law in the Parliament, they will become the victim of political attack themselves. The only person who would be able to abolish this law is the King, but I wonder if that is possible for His Majesty to do that being that the King’s duty is to give Royal Assent to the law, but he cannot propose any law himself.
I have not read the book Mr. Nicolaides wrote, but if there is no untrue criticism about the Monarch or no harsh, offensive insult in his statement, I support him to be granted the Royal Prerogative.
My sentiments to the Nicolaides family. Please know that there is another Thai who wishes him well.
35 Alvin // Jan 22, 2009 at 4:38 pm
Phil – I used to visit Thailand several times a year. However the events of the past few weeks – the constitutional coup, the attacks on free speech, the massacre of boat people – have prompted me to stage a personal boycott of this country.
Why should my hard-earned money go towards supporting a cynical elite whose values make my skin crawl, when I can spend it in a far more deserving country?
36 Malansky // Jan 22, 2009 at 6:20 pm
The man has no right to insult others !!!!…no matter who they are King or even baggars…
One must respect other countries’ law….
Especially when you are in that country.
If Mr. Steve (see above / he replied to a Thai man. I think he is !) that Thai people also have to respect Universal Human rights as expressed in the United Cations Charter Declaration on Human Rights.
I just want to say that Freedom of express has it own limitation,,,
you can say things that insult or harm any one..
Stave must go and study at kindergarden again. Perhaps the babies overthere have smarter brain than Steve has !
Milansky
37 Ralph Kramden // Jan 22, 2009 at 10:40 pm
Anyone able to provide a site where there is a good translation of the lese majeste law?
38 Frank G Anderson // Jan 23, 2009 at 10:12 am
Not quite sure whether you mean a monograph of the entire law, including Article 112 or just Article 112. Several translations are available, including, of course, of the entire Thai Criminal Code and the Constitution.
Are you referring to an overall treatise and analysis or just specific sections that center on the royal family and how it shall be protected? The Thai Criminal Code, translated by Mr. Yongyuth V’s Yuthankun, 2005-2008, cost me 250 Baht in the past. Full contact and publications info from this source is available on its website, in Thai, at http://www.soutpaisallaw.com
The Criminal Code is translated on a facing page format, Thai on left, English on right. Translations are near-perfect, but it helps if you can read Thai obviously. Book !!, Specific Offenses, begins with those against the royal family and monarchy. Chapter 2, Offenses Against the Internal Security of the Kingdom, is also replete with phrases that can lead to being connected with insulting the monarchy, depending on who deems.
39 David Brown // Jan 23, 2009 at 10:41 am
Ralph…
I also would like a ref for the text..
but
see http://bangkokpundit.blogspot.com/2009/01/extraterritorial-application.html
40 Ralph Kramden // Jan 23, 2009 at 1:16 pm
Frank: Thanks for your response. What I am interested in seeing and reading is a translation of the law/s under which lese majeste is considered and people are sentenced.
41 David James // Jan 23, 2009 at 1:30 pm
Malansky,
The majority of Thais, including beggars and the poor, experience insult and disrespect on a daily basis by the ruling elite. Their democratic vote is not even respected.
But when anyone says anything slightly critical about the monarchy (which is supported by the hard earned money of these ordinary Thais) they are locked up as criminals.
Is Thailand a democracy? Where is the law to protect these ordinary Thais, the rural and urban poor from daily insult ?
42 Cyclops // Jan 23, 2009 at 7:52 pm
Dear Australian and Everyone else,
Before trying to understand Thailand, blame Harry for breaking Thai laws/taboo, please understand that:
- We got 30 minutes royal news broadcasted everyday at 20:00 on every free TV channels. And there are a lot of royal propaganda everywhere, royal documentaries broadcasting on every media. (May be only North Korea can surpass us)
- We are a developing country that got the wealthiest king in the world (according to Forbes), and most Thai people never know this. We are all brainwashed with the “sufficiency economy” propaganda while the royal accumulating their own wealth.
- According to government expenditure during 2008, we (the tax payer) pay more than $170M for the royal institution. This is the world MOST EXPENSIVE royal. The queen of UK could never match for this.
- Last year, we spent at least $30M for King’s older sister’s funeral. And that’s from the government expenditure. Not from the royal wealth.
- While these expense are published in the government’s document. You want see it in any mass media. It’s a taboo.
- At this rate, we are made to believe that the King is a living god. We love the King. And we just never know anything bad about our King.
- Don’t expect any justice in Lese Majeste. These cases are done as secretly as possible.
43 jud // Jan 25, 2009 at 1:07 am
Thailand- Foreigners warned of lese majeste charge leading to serious penalty
http://thainews.prd.go.th/newsenglish/previewnews.php?news_id=255201240007&tb=N255201&news_headline=Foreigners%20warned%20of%20lese%20majeste%20charge%20leading%20to%20serious%20penalty
44 Anonymous // Jan 25, 2009 at 9:33 am
The website http://www.harrynicolaides.com with the online petition is not genuine. It is a spam site designed to collect email addresses for improper use. Please spread the word. A proper campaign site will emerge in the near future.
45 Frederick // Jan 25, 2009 at 11:35 am
Is the above true about the website ? Can someone from NM check this with Harry’s camp ?
If it’s not true, one wonders who would have a vested interest in discrediting the campaign to pardon him ?
46 Anonymous // Jan 25, 2009 at 11:37 pm
It is alarming to read all the negative unfounded comments about Harry on internet blogs and other online opinion sites (but not this one), particularly that he is a fool who brought the charge onto himself, knew what he was doing and deserves the punishment. Harry was not arrested for lese Majeste; but the corrupt Thai police know the real reason for grabbing him – improper political gain. How can the book be offensive when a copy still appears in the National Library of Thailand (which had also accepted the book)? Why was Harry able to travel internationally 5 times after the arrest warrant was issued and get a Thai visa? Why did it take 3 years after the alleged offence for an arrest warrant to be issued, especially when it seems the only evidence the Police had was the book? Why didn’t Harry receive responses to letters he had written to Thai government agencies and the Australian Ambassador in Bangkok PRIOR to publishing the book which sought guidance about whether the content of the book caused any difficulties? Harry’s case is not about Lese majeste but this seems to be what most uninformed readers think he has committed. In most Lese Majeste charges, nothing is at it seems. Harry is the victim of a Thai political game and the Australian government know this but have chosen to standby and let an Australian citizen rot in gaol. They also knew this was coming. Shame on them.
47 GoodnessGraciousMe // Jan 26, 2009 at 3:29 pm
Regarding Post #41 above, wryly amusing that the ‘National News Bureau of Thailand’ (sic) can’t even spell the unfortunate Harry N’s name right in either Thai or English …
News Date : 24 January 2009
Foreigners warned of lese majeste charge leading to serious penalty
The Justice Ministry prepares to coordinate with the Ministry of Foreign Affairs on publicizing Thailand’s serious penalties on lese majeste commitments among foreigners.
Following Australia’s request via the Foreign Ministry for royal amnesty to the convicted Australian journalist Harry Nicholas (แฮรี่ นิโคลัส), who was sentenced to three years in jail on a lese majeste charge, Justice Minister Peerapan Saleerattawipak (พีระพันธุ์ สาลีรัฐวิภาค) stated that presently no contacts have been initiated by the Foreign Ministry regarding the matter. However, all inmates have legal rights to seek royal amnesty as allowed by regulations of the Department of Corrections, which is in charge of submitting the request to the Justice Ministry for further actions.
Concerning lese majeste crime in Thailand, Mr. Peerapan indicated that the Justice Ministry has established coordination with the Ministry of Foreign Affairs as well as Thai embassies in foreign countries to disseminate information on seriousness of lese majeste laws in Thailand and the nation’s harsh punishments against violators.
48 Frank G Anderson // Jan 27, 2009 at 9:08 pm
Political prisoners in Thailand…
I would like to contribute and have written the website principals, but want to ask all those reading here as to what exactly is being done to classify certain people in Thailand as political prisoners and to keep track of them.
Thank you!
Frank
49 Rofen // Feb 1, 2009 at 11:36 pm
It is interesting to read on another site that Asia Books Limited is the distributor of the Economist magazine, in which a recent Feb 2009 edition was banned and a December 2008 edition was severely criticised for its content on Lese Majesty. Harry’s book Verisimilitude (published in 2005) was also distributed by Asia Books. Why haven’t the Thai Police looked into how this distributor is able to continually allow the release of offensive material to the Thai Monarchy? One would think they should be experts right? And if they don’t know and continually get it wrong, how is everyone else supposed to know??
50 maria // Feb 5, 2009 at 1:01 pm
speaking to close thai friend here in aus regardging harrys plight she strongly suggested, to me that the appeal should be directed to the thai queen mother directly from harrys own mother as the queen is reverred over there as the “mother” and her opinion is very highly respected. I dont know it is just a suggestion perhaps for harrys legal team to consider.
51 H // Feb 9, 2009 at 12:11 am
Discovered that Harry’s book is freely available as PDF for download on the net. It is awful that any ex-pat in Thailand can apparently be banged up in jail without committing anything that would be regarded as a crime anywhere else. The book looks totally innocent of any scurrilous content.
52 Rofen // Feb 12, 2009 at 2:22 pm
H, from a copy I have seen the book is definitely innocent. What is not innocent is the motives of the Thai authorities who brought the charge against Harry and the Thai legal system for perpetuating this huge travesty of justice. ‘Anonymous’ above has a point about the Australian authorities not helping. They must be very embarrased if harry wrote to the Australian Ambassador in Bangkok before publishing the book. Like Asia Books Limited, the Australian authorities must also have thought the book was acceptable at the time. Instead of the Australian authorities looking to redeem themselves, provide real help and apologise to Harry for the mess they have contributed to, they abandon him.
53 Samun Praram // Feb 12, 2009 at 3:50 pm
If we talk about the principle of Universal Human Right…then don’t you think the Thais have the rights to respect and revere their King and uphold the law, in which the country sees is best for them.
What most people in the west think is that the 65 million people in Thailand are so backward because their laws restrict them from what many in the west think is the rights everyone should have. But we’re ignoring the fact that this may be what they want to believe in. This maybe something that is important to them. Surely, they have the right to think and decide for themselves.
Sometimes we have to look beyond our belief, judgment and society and stop imposing that we think is right on other people. It is right that everyone should have the rights to basic rights and needs, freedom of speech, etc, but think about it…is there really such a thing as a Universal Human Rights?
I think we need to be more open-minded when we travel to other countries and respect the law. Taking action in what we believe in is a good thing, but respecting others’ beliefs and culture is also appropriate when you’re on ther others’ soil. We should ask ourelves…are we doing this because these people are being deprived of thier rights and need our help or are we doing this because we think we are more superior…we are right and they are wrong?
54 Fish // Feb 13, 2009 at 9:07 pm
Are these the same Universal rights that the Thai’s show the Boat People form Burma ?
Or the way that Thai’s treat Thai ’s.. ie; the police taking money from Thai’s poor or not for a traffic offence they have just made up..
The other day i saw a girl fall off her scooter after a pick up pulled out in front of her the 2 Thai’s did not even get out to see if she was alright, and neither did any of the policemen busy fining people for no helmuts, all cash in the back pocket.. They don’t respect each other most of them.
The fact that the people of Thailand revere and respect the King in a healthly way, is a good thing , i think it borders more on the line of Fear then respect..
55 Frank G Anderson // Feb 15, 2009 at 12:11 am
The issue is not only that yes, they are deprived of their rights and need help, but that the help they get is maligned, distorted, unwelcome and interferes with the real problem – not lack of rights, but overabundance of people in power willing to make sure those rights do not become an obstacle to their power base.
56 Steve // Feb 15, 2009 at 6:57 am
I would have to question some of the Thais writting on here if they have actually bothered to read everybodies comments before making knee jerk reactions.
Come on guys it’s infrantile.Please be very mature with this “Your country is wrong” Get with the rest of the world on this or fall more behind the way side
57 another thai // Feb 15, 2009 at 12:11 pm
i am thai and i support lese-majesty law to be abolish , soon as possible, we (thai people) are fear of this law , i can say it now becoz i am out of the country, thai people are very strange in so many ways, stupid and also stubborned , the king is good person and everybody revered him at least 65 mill that love and care about him, why has this law to protect him,you guys don’t waste your time try to point out or help thai people to see the different between true democracy and the dictatorship,
58 Frank G Anderson // Feb 15, 2009 at 10:23 pm
This is my translation, followed by the original Thai, of a suggested extraordinary Senate meeting to discuss lese majeste law in Thailand.
Senate [of the Kingdom of Thailand]
Uthongnai Road
Bangkok Metropolitan Area 10300
14 January 2009
Translated by Frank G Anderson
(Note: As always, if a fellow bilingual colleague has comments or corrections, please pass them on. Also see translator’s note at end of English.)
Subject: Introducing a motion that the Senate establish an extraordinary committee to study and follow enforcement of laws and standards relating to protection of the monarchy.
Respectfully submitted to: the President of the Senate
Whereas the constitutions of the Kingdom of Thailand, from the first in 1932 to the present one [dated] 2007, provided protection and esteemed respect to the king, who is in a position of revered worship and shall not be violated, and especially as there are criminal laws that exist and no less than seven other Acts that prohibit and forbid anyone from encroaching or violating the king…when considering the number these are sufficient as tools to use to protect the monarchy to be stable and safe. But in going back over the last two-three years, individuals and groups have continuously spread information and false news resembling insult and encroachment on the monarchy through printed media, community radio, and especially through websites both in Thailand and abroad. And [this has] been at increased ferocity since October 2008, wherein there has been little enforcement and significant delay of enforcement of the law to proceed with cases against those committing [such] offenses. This has caused main points of the law [as intended] to become lost.
The Senate, in the status of a legislative institution, thus ought to study and pursue enforcement of laws relating to protection of the monarchy so as to know the nature of problems and obstacles that arise in providing enforcement, to have the laws as intended by Parliament as an institution with the duty to work in the area of legislation or passage of laws, and in order to update or amend laws to ensure they are complete and most appropriate in the future, including study and seeking standards of other societies – as well as legal standards.
As from the said reasons above, we members of the Senate who have signed below herewith, respectfully suggest a declaration according to the rules of the Senate meeting dated 2008, Item 38, in order to have a Senate meeting and resolution to establish an extraordinary committee to study [1] a resolution for enforcement of the law and [2] standards relating to protection of the monarchy – whereby there shall be a limitation of the working time of the committee to 180 days.
As to reasons and other details, they will be addressed at a subsequent Senate meeting.
With the utmost respect,
Person introducing resolution,
Mr. Khamnoon Sitthisamarn
Note: Mr. Khamnoon is a leader of the People’s Alliance for Democracy (PAD), and has previously expressed pleasure at Abhisit Vejajjiva becoming Thai prime minister. He has appeared, as a PAD leader, onstage in support of PAD policies for some time.
วุฒิสภา
ถนน อู่ทองใน กทม. ๑๐๓๐๐
๑๔ มกราคม ๒๕๕๒
เรื่อง ขอเสนอญัตติให้วุฒิสภาตั้งคณะกรรมการวิสามัญศึกษาติดตามการบังคับใช้กฎหมาย
และมาตรการเกี่ยวกับการพิทักษ์สถาบันพระมหากษัตริย์
กราบเรียน ประธานวุฒิสภา
โดยที่รัฐธรรมนูญแห่งราชอาณาจักรไทยทุกฉบับ ตั้งแต่ฉบับแรก พุทธศักราช ๒๔๗๕ จนถึงฉบับปัจจุบัน พุทธศักราช ๒๕๕๐ ได้ให้ความคุ้มครองยกย่องเทิดทูนพระมหากษัตริย์ให้ทรงดำรงอยู่ในฐานะอันเป็น ที่เคารพสักการะ ผู้ใดจะละเมิดมิได้ และยังมีประมวลกฎหมายอาญาและพระราชบัญญัติอีกไม่น้อยกว่า ๗ ฉบับ ที่ป้องกันพิทักษ์มิให้ผู้ใดจาบจ้วงล่วงละเมิดสถาบันพระมหากษัตริย์ เมื่อพิจารณาโดยจำนวนแล้วนับว่ามีมากเพียงพอที่จะเป็นเครื่องมือในการทำงาน เพื่อพิทักษ์สถาบันพระมหากษัตริย์ให้มั่นคงปลอดภัยได้ แต่การณ์กลับปรากฏว่าในรอบ ๒-๓ ปีมานี้ มีบุคคลบางกลุ่มดำเนินการเผยแพร่ข้อมูลและข่าวสารเท็จในลักษณะจาบจ้วงล่วง ละเมิดสถาบันพระมหากษัตริย์ ทั้งทางสื่อสิ่งพิมพ์ วิทยุชุมชน และโดยเฉพาะอย่างยิ่ง ทางเว็บไซต์ ทั้งในและต่างประเทศ มาอย่างต่อเนื่อง และทวีความรุนแรงยิ่งขึ้นนับจากเดือนตุลาคม ๒๕๕๑ เป็นต้นมา โดยมีการบังคับใช้กฎหมายเพื่อดำเนินคดีกับผู้กระทำความผิดได้น้อยและล่าช้า มาก ทำให้เจตนารมณ์ของกฎหมายเสียหายไปในสาระสำคัญ
วุฒิสภา ในฐานะเป็นองค์กรฝ่ายนิติบัญญัติ จึงสมควรที่จะได้มีการศึกษาติดตามการบังคับใช้กฎหมายเกี่ยวกับการพิทักษ์ สถาบันพระมหากษัตริย์ เพื่อให้ได้รับทราบถึงสภาพปัญหาและอุปสรรคที่เกิดขึ้นเพื่อให้การบังคับใช้ กฎหมายเป็นไปเพื่อเจตนารมณ์ของรัฐสภาในฐานะที่เป็นองค์กรที่ทำหน้าที่ด้าน นิติบัญญัติหรือการอนุมัติกฎหมาย และเพื่อนำไปสู่การปรับปรุงหรือแก้ไขกฎหมายให้มีความสมบูรณ์และเหมาะสมมาก ยิ่งขึ้นในอนาคต รวมทั้งศึกษาแสวงหามาตรการทางสังคมอื่นๆ นอกเหนือจากมาตรการทางกฎหมายด้วย
ด้วยเหตุผลดังกล่าวข้างต้น ข้าพเจ้าสมาชิกวุฒิสภาผู้มีรายนามข้างท้ายนี้ จึงขอเสนอญัตติตามข้อบังคับการประชุมวุฒิสภา พ.ศ.๒๕๕๑ ข้อ ๓๘ เพื่อให้ที่ประชุมวุฒิสภามีมติตั้งคณะกรรมาธิการวิสามัญศึกษาติดตามการ บังคับใช้กฎหมาย และมาตรการเกี่ยวกับการพิทักษ์สถาบันพระมหากษัตริย์ โดยมีกำหนดระยะเวลาการปฏิบัติงานตามภารกิจ ๑๘๐ วัน
สำหรับเหตุผลและรายละเอียดเพิ่มเติมจะได้ชี้แจงในที่ประชุมวุฒิสภาต่อไป
ขอแสดงความนับถืออย่างยิ่ง
ผู้เสนอญัตติ
(นายคำนูณ สิทธิสมาน)
สมาชิกวุฒิสภา หมายเลข ๐๑๒
59 Socratis // Feb 16, 2009 at 9:29 pm
In response to some who had asked people to respect Thai laws and who argued that Thais have the right to think and decide for themselves, I have this to say.
First, I’m a Thai and I must say that I’m totally embarrassed by this draconian Thai law. Furthermore, the abusive enforcement of the law in recent years have caused widespread fear among the all Thais. This is clearly a repressive law.
When you say that Thais have the right to think and decide for themselves, I must ask who are the the Thais that decided in favor of the law? Certainly not me or any of my peers who are among the educated Thais. And not even by the majority of Thais who have been completely brainwashed by the constant propaganda for the royal family since I can remember. And I’m 50 years old.
This law was introduced since the era of the authoritarian military junta with no insignificant changes over the past 30 years. The law have never been put forward for public discussion. Even if it was, no one would dare discuss it openly.
One reason that Harry Nicolaides’ case, as in any other cases involving foreigners, have not received much publicity in Thailand and elsewhere is because the Thai authority have coerced the Thai media not to report the case. They have also been successful in persuading the people involved to keep quiet by suggesting the less publicity the case received, the more chance that the subject would get a royal pardon.
60 Frank G Anderson // Feb 17, 2009 at 12:32 am
This media coercion is, I am afraid, much wider in scope and extent than just the lese majeste issue.
From my seven years’ experience imbedded with local media upcountry here in Thailand, I have noted time and time again that unpleasant news, investigative reporting, factual commentary and serious writing are not very popular. the local press quickly experience harsh advertising withdrawals or outright refusals to advertise, are told lies by local businessmen who think it’s funny to lead on a paper and not follow through on supporting it, and more.
My firm position these days is, when Thailand does something you do not like, make a lot of public noise and keep at it. Burma does this with Thailand all the time and gets its way.
And finally, kudos to the 50 year-old Thai for coming out and speaking the truth.
61 another thai // Feb 17, 2009 at 8:20 am
Socratis !!! very nice way to put it, thanks goodness,i thought only me who have this weird idea ( claimed by the rest of thai population)
they asked me that if i am really thai nationality?,if iam thai, i must love the king and mustn’t betray the country (nice isn’t it) but i have nothing against the king though, keep up with your good work,
62 Joy // Feb 17, 2009 at 1:52 pm
To Socratis: very glad to hear such a sensible view from a Thai like u. I’m Thai too and I couldn’t agree more with yr view regarding LM law. Thanks!I wish there were more and more intelligent and open-minded Thais like u and ‘another Thai’.
63 another thai // Feb 17, 2009 at 9:48 pm
Joy , believe it or not ,i have no interests what so ever about the king and politics in Thailand but Harry Nicolaides grabbed me the attention to search more about our very own country,and it shocked me to bits but it seemed only a few of us here and our voice s won’t be heard no doubt. I can’t even talk openly about this lese majeste with my own family let alone through the whole country,how sad that Thailand has become, in my opinion Thai people afraid to change and belive that they are happy as the way it is.
64 jud // Feb 18, 2009 at 4:13 am
We don’t like to second-guess or read between the lines. It is f-a-c-t that Amnesty International has been uncomfortably silent on Thailand’s lese majeste hysteria. However, when we use the word “political”, we must take care to define what we mean. AI is a huge bureaucracy and slow to act. To assume that AI Thailand is not putting forward this issue to the international human rights group because they have a hidden agenda for PAD is simply not fair. Lese majeste law is being used indiscriminately in Thailand across all political boundaries.]
http://facthai.wordpress.com/2009/02/17/no-amnesty-for-lese-majeste-giles-ji-ungphakorn/
65 Joy // Feb 18, 2009 at 2:54 pm
Dear Another Thai, I mostly agree with u but believe it or not (and this is good news) there are not just ‘a few of us’, there are more.At first, I felt the same way as u, but later on I discover that there are also many Thais who share our line of thoughts (both inside Thailand and abroad).. I even find some among my close friends!! ( we never discussed this ’sensitive’ issue before until very recently). I believe there is hope that voice of dissent like us will strengthen and become more empowered day by day (although now those conservatives and right-wingers still dominate Thai political life).
66 another thai // Feb 18, 2009 at 7:51 pm
Joy ‘ I am glad that you have friends to discuss this openly,sadly in my case people around me seem to be the opposite, they can’t see that this law isn’t right and it is against human right (mind you what is it the human right for people in Thailand they won’t know would they? ) still like you said ” there is hope “
67 Joy // Feb 18, 2009 at 8:40 pm
Another Thai,
I wouldn’t say I can discuss this sort of stuff openly with friends. In fact we have to be very discreet abt this and at first when u approach them, we need to be very careful coz we can never be too sure if they won’t get offended or reject our ideas right away.Some of my friends simply don’t want to discuss this and they will show clear sign from the beginning. Like u, I do not want to abolish the institution all anything like that. All I want is simply transaparency, accountability and the right to criticize ‘them’ constructively.
68 Steve // Feb 19, 2009 at 6:41 am
I am reading the few comments by Thai nationals here.
And the ones who are making thoughtful comments are giving a pleasant feeling that there is hope in Thailand for progression. I am sure that any thinking Thai person would feel the same as you.Please continue to be courageous and brave as you are the future of Thailand. But be careful there are those powerful people who would wish to do you harm.
To those who are not using their own minds and resorting to knee jerk reactions ,Please open your minds or your creed will o the way of the Dodo.
The way of the future is universal harmony and brotherhood ..NOT a 1930’s style Adolf Hitler Germany. Please learn the lessons of the past. Every revolution in the history of man was based to unfair rules by Government.
69 another thai // Feb 19, 2009 at 10:16 am
Dear Khun Joy and Steve, thanks for your concerned (Steve) we should keep each other inform about the case, i want the best for my country,even though i no longer live there any more, i have found the land of the freedom , and i am really appreciate what the west country has giving me ,educated me,pointed me to the right direction and it did open my eyes to world that 30years ago i wouldn’t know it really exist.
70 Ralph Kramden // Feb 20, 2009 at 9:47 am
Anyone have updates on what the brave Australian government has been doing on the Nicolaides case? I thought Rudd was interested in human rights? Okay, they have been busy with bushfire tragedies, but Stephen Smith is speaking publicly on the Rohinga issue. I googled his name and Thailand and there is nothing about Nicolaides since January from the Australian foreign minister. Maybe they have the Amnesty International response: working behind closed doors at the highest levels?
71 Ralph Kramden // Feb 22, 2009 at 12:54 am
Well, my question was kind of answered with Harry’s release and some of the reporting around that. I’ll take this up on the Harry is free thread.
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