Pavin Chachavalpongpun has launched a “Thailand’s Fearlessness” campaign. Send your own photos to him (and to everyone else) via facebook.
Thailand’s Fearlessness: Free Akong
– 2 December 2011Posted in: lese majeste, LMreform, Thailand
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Only Arkhong?
Are there are any more persons (Thais or foreigners) convicted of lese majeste that are awaiting royal clemency? All should be pardoned.
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O.K. so you started a campaign. Where can I find information on this campaign? What are its objectives? what do you define as fearlessness in the struggle against LM?
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The issue should not only be freeing Agong but to reform the 112 to prevent abusive use by individual groups and politicians. If we continue to allow this abusiveness of using the law, Agong won’t be the last one that needs a campaign to be freed.
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I theoretically appreciate this initiative. However, and here I agree with #1 that AhKong is only one of many other convicts. Who starts initiatives for them? Secondly, I do not appreciate the way how the campaign is organized: via Facebook. I refuse the use of Facebook due to several rational reasons. There are plenty of other options how to collect the pictures – Facebook is only one of them. If you would broaden the way how people could participate in the campaign I would be happy to join.
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I hope this Q&A style of explaining the campaign would explain..a little bit.. Thank you:
1) Why the campaign?
We are coming to the end of the road when it comes to justice in Thailand. The lese majeste law has been increasingly used as a political weapon to undermine opponents. Sadly the judges have not been on the side of the people. This campaign has been inspired by Burma’s Fearlessness project, endorsed by Daw Aung San Suu Kyi, to give a courageous support for many Burmese political prisonners. it’s a peaceful campaign. We would like to make a statement by writing the name “Akong” on our palm as a support and campaign for his freedom.
2) Why just Amphon & not other prisoners of conscience?
Amphon is the ultimate victim in this game of political revenge. A perfect victim indeed–in a sense that, this is an old Thai-Chinese man, who perhaps knows nothing about lese-majeste law, someone who might not even be able to speak Thai very well, someone who perhaps are not well versed at all in using handphone and sending text messages, someone who has not been politically active–yet all these do not prevent him from being accused and arrested. What I find the most atrocious is the length of the sentence–4 SMSs = 20 years? Is this Thailand? This is the country where most peoples claim that the King is much loved and respected by all Thais; yet it is the country that has the most severe punishment of all.
3) What’s your expectation of the campaign?
I hope this could send a strong message to the royalists to see the rationale behind the sentence against Akong, how they have exploited the lese majeste law and more importantly how they could actually weaken the institution they love. My argument is that, the more the law has been used, the more the much revered institution will be in a much more difficult position.
4) Who first came up with the idea?
I came up with the idea, as I said, as inspired by Burma’s Fearlessness campaign. The Burmese are brave in their fight against injustice and their support for political prisonners. Why cant the Thais be like them?
5) How many (roughly) have joined the campaign?
They are many people on Facebook who express their interest to join the campaign–not bad, considering that it was just started yesterday… Almost 150 people sending in their photos with the word Akong on their palm… as part of the campaign.
Info: http://www.facebook.com/pavinchachavalpongpun.
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In the wake of the sad case of Akong, I’m sorry to report the following to all friends and readers of New Mandala:
During the past two months, the police have laid LM charge and issued summoning paper to 2-3 persons in the academic/education circles.
This is not rumor; I’ve seen the summoning paper myself and talked to persons being charged.
The reason I’m not giving details of these new cases here is that I (in consultation with persons involved and friends) still have some hope the authorities would come to some sense and make effort to stop this madness before it goes any further.
The government has recently pass a resolution accepting the recommendation of the Truth and Reconciliation Commission that the indiscriminate use of LM during the past few years should stop. It even set up a committee to oversee the implementation of the Commission’s recommendation.
Recently too, in response to the UN report critical of LM, the Foreign Ministry has issued a statement admitting the mistake which it attributed to the previous government and reiterated its commitment to the Commission’s recommendation.
But what is happening? Why these new cases?
I really hope that everyone concerned with the future of Thailand will make their voice heard to the government that this is definitely not the way forward.
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P.S. The latest case of police making LM charge and issuing summoning paper happened just a few days ago.
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“Somsak Jeamteerasakul”
I am sorry to hear this.
I do expect the situation to get worse in the near future, unfortunately.
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The purpose of this campaign should not focus on freeing Ah Kong but most importantly it should be a beginning of erasing this merciless article 112 completely. Such an inhumane law should not exist in any society. If anyone think that this law is suitable for Thailand then those people should not be human being at all. As for those who support this law, they have not a drop of mercy in their heart. Ah Kong case will lighten up the whole country to stand up for their right.
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Thanks to Pavin
He has set a simple proposition before us. Everyone is important. Everyone should be free.
อากง Ah Khong
Jack Smith says that , “The purpose of this campaign should not focus on freeing Ah Kong but most importantly it should be a beginning of erasing this merciless article 112 completely.”
Yes, that would be good too. But do not forget each persecuted individual and one of them is
อากง Ah Khong
He should be free.
Free him and all the others but free him.
Pavin is asserting the right of an individual to exist.
I have just written his name on the wall outside my house. I hope someone notices and asks me what it means.
I will say if Ah Kong is not free, then neither am I.
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Why do judges enforce 112 article strictly? It is not just Ah Khong’s case – recently there was a programmer who was arrested from the same reason(insulting). The judge attached a strong message why that person was not allowed being out on bail. Do they (judges) receive an order from anyone? Why do they act so strongly? It seems like they are not afraid of being damaged.
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Copyright Burma’s Fearlessness.
http://www.enigmaimages.net/page2
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Esam al-Amin wrote of the intransigence of the Egyptian military at Tahrir square
I’d say it’s the floor that’s been raised, the ceiling remains as high as uit always been… but the point is well-taken.
I think that the Thai people should not just press for the abolition of 112 and the immediate release of all political prisoners, including of course all LM prisoners, but also to demand that the Roll-Back and Re-Do prescription of the Netirat be implemented immediately as well.
And that the Butchers of Bangkok be made to stand in the place of their freed victims, in the dock, in chains and leg irons, and orange short pants, rather than in braid and epaulets and 100,000 baht suits.
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Not just those who’ve already put in two or three years behind bars ‘awaiting trial’ but ALL those charged, tried, or convicted… it’s all one and the same in the Kangaroo Kourts of Thailand… must be set free immediately.
No more of sentence first – verdict afterward… the sentence first results in the ‘guilty plea’ that the vile ‘elite’ count as their vindication. There can be no vindication of the vile, terrorist, Bangkok ‘elite’.
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Here some opinions about Aakong (in Thai):
ข้อเท็จจริง กรณีอากง SMS
จากการที่มีการพูดถึงกันมาก เกี่ยวกับอากงSMS ผมขอแชร์ความรู้คราวๆ เกี่ยวกับระบบมือถือเท่าที่ผมรู้เพื่อเป็นข้อมูลอีกด้าน นอกจาก ดราม่า “อากงผู้น่าสงสารที่นั่งอยู่ดี ๆ ที่บ้าน ก็โดน ตร. บุกมารวบเข้าซังเต 20 ปี ด้วยข้อหาหมิ่น และ ศาลก็มีหลักฐานที่อ่อนอย่าง IMEI ที่สามารถปลอมแปลงได้”
ปกติ แล้ว โทรศัพท์ที่พร้อมใช้งาน จะมีข้อมูลสำคัญ 2 อย่างคือ 1) IMEI ซึ่งเป็น รหัสที่ระบุ ตัวตนของโทรศัพท์ซึ่งตามหลัก โทรศัพท์แต่ละเครื่องควรจะมี IMEI ไม่ซ้ำกันถึงแม้จะเป็น ยี่ห้อเดียวกัน รุ่นเดียวกันก็ตาม
2) IMSI ซึ่งเป็น รหัสที่ระบุใน SIM
หลังจากที่ เปิดโทรศัพท์แล้ว โทรศัพท์ จะรอคลื่นจาก Cell Site ที่มีรหัส SID(รหัสค่ายมือถือ) ตรงกับที่ระบุใน SIM
หากพบคลื่นจาก Cell Site โทรศัพท์มือถือจะทำการ “ลงทะเบียน” กับ Cell Site นั้น โดยส่ง IMEI/IMSI ไปให้ Cell Site
Cell Site ก็จะจดจำ IMEI/IMSI เข้าในเครือข่าย เพื่อว่า ใครโทรมาหาเรา เครือข่ายจะได้รู้ว่า เราสังกัดอยู่ Cell Site ไหน แล้วทำให้โทรศัพท์เราดัง ได้ถูก ซึ่ง Cell Site นี้ มีระยะทำการตั้งแต่หลัก ไม่กี่ร้อยเมตร จนถึงหลายกิโลเมตร ทำให้ข้อมูล Cell Site สามารถบ่งชี้ สถานที่ของผู้ใช้โทรศัพท์แบบคราว ๆ ได้ (ถ้าใครใช้ GoogleMap บน Smart Phone คงจะเคยเห็น วงฟ้าๆของระยะ Cell Site เวลา GPS ยังรับคลื่นไม่ได้)
ดังนั้น log จาก โอเปอเรเตอร์ ซึ่งเป็นหลักฐานสำคัญในชั้นศาล จะมีข้อมูลสำคัญถึง 4 ด้าน คือ 1) IMEI (รหัสที่ระบุ โทรศัพท์) 2) IMSI (รหัสที่ระบุ SIM) 3) Cell Site ที่เชื่อมต่อ ซึ่งจะบ่งชี้ถึงสถานที่ 4) ช่วงเวลา ที่เชื่อมต่อกับเครือข่าย
ซึ่งข้อมูล log จาก โอเปอเรเตอร์ บ่งชี้ว่า ช่วงเวลา เชื่อมต่อกับ True หยุดไป ไปเชื่อมต่อกับ DTAC แล้วส่งข้อความหมิ่นฯ ก่อนจะกลับมา เชื่อมต่อกับ True อีกครั้ง ใน cell site สถานที่เดียวกันคือ บ้านลุง
นั่นคือ โทรศัพท์อากง มีการเปลี่ยน SIM เพื่อหมิ่นฯ ก่อนจะเปลี่ยน SIM กลับ นั่นเอง!!!!
ถึงแม้จะมีข้อเท็จจริงว่า “มีโปรแกรมเฉพาะที่สามารถเข้าไปแก้ไขเลข IMEI ได้อย่างอิสระ” แต่ log จะไม่มีทางที่จะหน้าตาแบบนี้ อย่างน้อย cell site และ เวลาควรจะแตกต่างกันมากกว่านี้ ไม่ใช่สถานที่เดียวกัน แล้วช่วงเวลาสลับการเชื่อมต่อ SIM กันแบบนี้
สรุปง่ายๆคือ 1) โทรศัพท์มือถือสามารถปลอมแปลง IMEI หรือไม่? คำตอบคือ “ใช่” . แต่ . 2) อากงถูกปลอมแปลง IMEI ไปหมิ่น หรือไม่? คำตอบกลับเด่นชัดว่า “ไม่”
เพราะ ข้อเท็จจริงของ log จาก โอเปอเรเตอร์ นั้นครอบคลุมชัดเจนกว่า เพียงด้าน IMEI
แสดง ให้เห็นว่า “จำเลยกระทำความผิดจริง อย่างมีการวางแผนล่วงหน้าเพื่อกลบเกลื่อนความผิดด้วยการซื้อ SIM DTAC แบบใช้แล้วทิ้ง มาก่อการ”
หน่ำซ้ำ จำเลยยังไม่สำนึกผิด ยังพยายามกลบเกลื่อนต่อในชั้นศาล เพื่อให้ตนพ้นข้อกล่าวหาว่า โดย
1) ตอนแรกพยายามจะบอกว่า เดือนพฤษภาคมนั้นตนเอามือถือไปซ่อม (จะโบ้ยว่าร้านมือถือเป็นคนส่ง) แต่หลักฐาน log มีสถานที่กำกับ จำเลยจึงเปลี่ยนคำให้การ อ้างว่าจำผิด อาจส่งซ่อมเดือนเมษายน
2) จากนั้นจึงอ้างว่า IMEI นั้นสามารถปลอมแปลงได้ ดังนั้น อากงอาจถูกปลอมแปลงตอนไปซ่อมมือถือ แต่คำให้การก็มีพิรุธ อ้างว่าจำร้านซ่อมมือถือไม่ได้ ทั้ง ๆ ที่ ถ้าส่งซ่อมจริงต้องจำได้เพื่อไปเอามือถือคืน นอกจากนี้ log ก็ ชี้ชัดอยู่แล้วว่ามันไม่ได้เป็นเช่นนั้น
3)อากงจึงดิ้นรนเฮือกสุด ท้ายว่า อากงลืมมือถือไว้ที่บ้านบ่อย ๆ โดยให้คนใกล้ชิดมาเป็นพยาน (จะโบ้ยว่ามีใครบุกเข้ามาในบ้านเปลี่ยน SIM แล้วส่ง??) ซึ่งไม่ make sense เลยคือ ถ้าบุกถึงในบ้านจะมาเปลี่ยน SIM ทำอาแป๊ะอะไร??
ศาลจึง จัดเต็ม ไป 4×5 = 20 ปี คุก 20 ปีของอากง จึงไม่ใช่ได้มาเพราะโชคช่วย!!
4) ข้อน่าสังเกตอันนึงคือ หลังจากจนต่อหลักฐานโจทก์ อากงยังเลือกที่จะสู้ต่อ ด้วยดราม่าน่าสงสาร ว่าตนจงรักภักดี, แก่แล้วหลงๆลืมๆ, ส่ง SMS ไม่เป็น ฯลฯ และ ยังเอาหลานมาเป็นพยาน เพื่อให้บันทึกในศาลอีกด้วย ซึ่งตรงนี้ถ้าใครรู้เรื่องนิติศาสตร์ จะรู้ว่าการต่อสู้แบบนี้จะไม่มีผลต่อคดีในศาลเลย เหมาะกับจัดตั้งมวลชนนอกศาลมากกว่า เพราะคนปกติ มักจะคิดว่า คนใกล้ชิดให้การ ศาลควรให้น้ำหนัก เพราะน่าเชื่อถือ แต่จริงๆแล้ว ตามหลักนิติศาสตร์ คนใกล้ชิดฝ่ายใดฝ่ายนึง จะมีน้ำหนักน้อยมาก ในศาล เพราะมีแนวโน้มสูงว่าจะให้การช่วยเหลือ โจทก์/จำเลย (ดูความหมาย ผู้หญิงปิดตา ถือตาชั่งและดาบ) ยิ่งอากงให้การขัดกับหลักฐานมาก่อนหลายครั้งยิ่งไม่ต้องพูดเลยว่าจะเหลือ น้ำหนักเท่าไหร่
พูดง่าย ๆ คือ การสู้แบบนี้ มันไม่ได้คิดชนะในศาลแต่แรกแล้ว แต่จะใช้การดึงอารมณ์ร่วมจากประชาชนปกติที่ไม่รู้ตรงนี้ เพื่อจัดตั้งมวลชนนอกศาลมากกว่า!!!
อากงซวยโคตร…ทนายที่ว่าความให้ เป็นแดงเต็มตัวชื่อ อานนท์ นำภา มีฉายาว่า “ทนายดราม่า” ไม่รู้ว่าอากงรู้ว่าโดนหลอกหรือเปล่า แต่ทนายคนนี้กะสังเวยอากงเพื่อเอาไปปลุกกระแสเหยื่อ ม.112 แน่ เพราะถ้าอากงรับสารภาพ 1. จะมีโทษ 4 วาระ ๆ ละ 3 ปี = 12 ปี 2. สารภาพรับโทษกึ่งนึงเหลือ 6 ปี 3. ไม่มีประวัติต้องโทษมาก่อนเหลือ 3 ปี 4. มีผู้เยาว์ในความดูแลและมีปัญหาสุขภาพ…ศาลอาจสั่งให้รอลงอาญา กลับบ้านไปเลี้ยงหลาน….
(เครดิต: เพื่อนคนหนึ่ง) // มิน F
http://www.oknation.net/blog/UncleWhite/2011/12/03/entry-1
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Did HM King Bhumipol pardon Amphon Tangnoppakul, or not?
And what of all the others in prison due to the ‘enthusiasm’ of those who claim to be supporters of HM King Bhumipol? Pardoned, or not?
The only report I saw on the pardons was in the Bangkok Post. And it was, predictably, just an extension of the endless monologue vilifying Thaksin.
The truly vile Royalist Bangkok ‘elite’ have really put HM the King in a very tough position this time.
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Is anyone else having difficulty reaching prachatai.com?
DNS servers at TOT and in the US seem unable to resolve prachatai.com or prachatai3.info.
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No one should be pardoned. To pardon is to suggest an offense was committed, and none ever was. To suggest that a group of individuals is entitled to different rules or protections because of their birth is profoundly undemocratic; an offense against equality and rule of law.
But remember, LM has never been about protecting the monarchy. It has always been a tool to attack political opponents or polish a dictatorial regime’s image. Actually, the politicization of the monarchy has done more (by far) to damage the image of the monarch and promote republicanism than all the LM cases combined, so those bringing the spurious LM cases and using the imagery of the monarchy to advance their own political fortunes should, ironically, be goaled for LM.
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Yes, John Francis Lee, I was having difficulty reaching Prachatai3.info.com too which although identical to Prachatai previously had not been banned. Or at least not all the time or with any official banning information coming up on the screen. Perhaps it’s one of the 70,000 new webpages that the ICT Minister, Group Captain Anudit proudly proclaims that his ministry has now banned over the last few months. Perhaps they only have to ban it for a few minutes or hours to count it on their list. perhaps they can count it three or four times if they ban it and unban it within a day.
You can – or could- read his own statements about this on Prachatai3.
It seems that his claim is that because they have banned more websites than the Democrats they are more loyal than the previous government. It’s a test.
I have a feeling that it doesn’t really matter what websites are banned or for how long. As long as you ban more of them than the last guy, you’re unimpeachable.
Just as it doesn’t matter who goes to jail for lese majeste.
As long as a sufficient number of sacrifices are made to appease the gods [I'm speaking figuratively, of course and this needs to be made clear, given what might be read into every innocent statement], everything will be fine.
Prachatai3.info is now back on line. An arbitrary and unaccountable censorship regime has, I suppose, allowed it to continue. At least until, they need it to boost the count and boast about their diligence.
A few minutes later. No, inaccessible again. “problem Loading page” apparently.
But http://www.prachatai3.info/english/ is completely accessible.
So what is banned and what is not banned? What websites can or cannot a law abiding person living in Thailand legally access. It’s a completely bogus mess.
They’re trying to walk an impossible line between preserving an illusion of freedom of speech or approaching North Korean standards.
MICT, I beg you, have the courage of whatever convictions you can muster. Your cynicism is sickening.
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I think, In Town, that Amphon and the rest must be freed! The Royal Thai Government will term it a pardon, but HM the King must FREE them!
What are we to think of HM the King if he does not?
I think, tom hoy, that the Royal Thai Government has embarked upon a program of ‘jamming’ the internet… that’s how the ‘authorities’ in the US used to describe the activities behind the ‘Iron Curtain’ when I was young in the US. They ‘jammed’ … primarily the radio in those days.
Browsers seem to vary as to what they report as the problem when they cannot deliver. Firefox told me explicitly that the domain could not be resolved… translated from ‘prachatai.com’ or ‘prachatai3.info’ to an IP address as the protocol requires to reach a server.
I tried to ‘dig’ out the address from the console here in Thailand and from a console in the US… and got the same message of unresolvability… no nameservers were reachable. Which makes me wonder who is helping whom?
I used ‘whois’ to discover the domain’s registrar and the ‘master’ DNS server and using that server, ns1.name.com, was able to get prachatai’s server address, 173.236.219.196, even during the interval that DNS was being jammed.
But it is of no use as, like most hosted domains, prachatai is hosted ‘virtually’ with several domains being served by the same physical machine, and all sharing the same IP address. Apache, or whatever webserver is in use, discriminates among them on the basis of the domain name to which a given request is addressed. The browser needs to send an IP protocol message to the physical server encapsulating an HTTP protocol message addressed to prachatai.com or prachatai3.info in this case.
Perhaps it’s possible to have firefox and/or other browsers use the unsubverted, master DNS to resolve a given domain to obtain the IP address.
If anyone has information on how to subvert this latest subversion of the internet… the jamming going on behind – and outside of, remarkably – the Royal Thai Curtain… I’d be happy to hear of it.
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I use ubuntu linux and so have added a line to the file named /etc/hosts
173.236.219.196 prachatai.com
The idea is that when the browser asks the system to resolve prachatai.com to an IP address the system will look in the hosts file first and not even bother going over the wire for resolution.
See if my problems go away.
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Mac OS is unix so it should have the same file
/etc/hosts
Google says that windows uses
c:\WINDOWS\system32\drivers\etc\hosts
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john francis lee # 23 How old is your Ubuntu? I thought all up to date distros used “https” in Firefox these days instead of “http”. It’s the “s” in the url request which encrypts it thus making it difficult to block or waylay. It worked for me in Thailand anyway.
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This is one of the three new LM cases I mentioned at #6. A statement, in Thai, by the accused.
http://www.prachatai3.info/journal/2011/12/38210
He is Mr.Suraphot Thawisak, a lecturer in philosophy at Ratchaphat Suandusit University, Hua Hin campus.
He writes regularly for the Prachatai websites; his writing on political issues and especially on Buddhism and politics (he’s a specialist), appears at Prachatai almost every week, under both his real name and a well-known pseudonym “Nak Pratchaya Chai Khob” (a philosophy at the margin).
The incident for which he is being charged was his comment on article of mine published at Prachatai in September last year. But the charge and the issuing of summoning paper to report to the police have just been made about a week ago, in other words, after the current government had already pledged to the public and the UN that it would end indiscriminate, abusive use of LM of the past few years (for which it blamed the previous government.)
I know of two more separate cases of persons being charged with LM these past month. I will disclose them later at appropriate time.
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“Somsak Jeamteerasakul”:
One of the biggest problems with the lese majeste laws is that their enforcement/enactment still seems to be beyond any elected government’s power.
Even officials involved in the investigation are under enormous pressure to forward any filed case to the prosecutor, as by not doing so they may be accused of the same offense. Apart from the most lunatic cases filed the vast majority goes to the prosecution. And then the pressure doesn’t stop, all the way up to sentencing (and the law prohibits me from saying what i think about the court procedures of the cases i have followed).
This government may play lip service to demands of parts of the public (other parts would even advocate stricter laws), and to the UN, but the main question we should ask is how much authority does the government have over this issue. I fear that it is none.
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A friend made notes on the Ar kong case…
Scroll down for English translation
http://www.ilaw.or.th/node/1229
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” …and the law prohibits me from saying what i think about the court procedures of the cases i have followed… ”
I keep hearing that… chapter and verse?
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Thanks for the link Kerrie.
Reds, a failed star and an activist freed, and an assortment of hi-so murderers as well.
No word on Amphon, Joe Gordon, Somyos, Surachai, Darunee….
What are we to think of HM the King if he is not able to free Thais made political prisoners in his name as well as “reds, a failed star, an activist…” and an assortment of hi-so murderers?
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Re:- 30….
True….
Not just that… what are we supposed to think of Thai’s (and Thai society) who tell us ‘not to fall into the trap of being sentimental about the old guy… he sent the messages for sure, and is now playing the sympathy card… the court evidence and the mobile phone logs etc… prove that… ‘ and then send these kinds of messages out to everyone in their e-mail contacts list…
It’s as if Ar Kong’s 20 year jail sentence wasn’t enough for these people. They need to destroy whatever feelings of sympathy still exist for him too…
But, just suppose Ar Kong had been set free (vvvvvv unlikely I know…) If the judge had dismissed the case, or given a not guilty verdict, it would have been a huge loss of face for the prosecuting police force, as, after persuing the case, the evidence they presented in court didn’t prove, with certainty, that the accused was the actual person who carried out the ‘crime.’
The democrat politician would have lost face too, for pressing charges, over something as ‘trivial’ as a rude SMS, and for expecting the police/courts to spend time and money investigating it.
Unfortunately in Thailand, face saving, whatever the cost to others… is everything… probably why some people out there (like whoever wrote the comments in post no. 16) are so determined to justify the verdict, and destroy what little face Ar Kong’s has left…
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I copied the translated story to make it easier to read, as is my wont, and added the wikipedia’s explanation of the IMEI business. Which adds more degrees of uncertainty to the Inquisitors’ tale, but is not at all essential to its complete collapse as any sort of proof in a real court of law.
The story, as I read it:
Abhisit’s secretary gets 4 SMS messages he doesn’t like from phone number A, takes a picture of the screen each time, delivers his complaint and evidence to the cops.
The cops discover that number A is now extinct. Phone company A provides the IMEI, a sort of serial number implanted in every phone, that occured together with number A in the call records on the offensive calls, and the cops use that association to connect the phone number B issued by phone company B with the IMEI, and thence, at least in their own minds, with the offensive calls.
But the connection between the IMEI number and a particular handset is by convention only. It can be changed, and used as a matter of course to be changed in Thailand, until quite recently.
When the cops track down the handset advertising the IMEI in question they find in it (or in the handset belonging to the wife, or son-in-law of its owner) a SIM bearing phone number B from phone company B. Meeting Amphon, they should have said… hmmm, this guy doesn’t really seem likely to have done this ‘crime’. On questioning, in fact, they discover that Amphon took the phone to be serviced around the time the ‘crime’ was committed.
The story that the handset they found bearing an IMEI which they took to be identical to the one previously associated with phone number A and the ‘crime’, the handset in which the SIM bearing phone number B from company B now resides (or coincidently paired with another such handset), is the phone set used in the crime is no more likely to describe what actually happened than is the story that some other handset was programmed by the phone repair guy to whom Amphon entrusted his handset with the IMEI of that handset, and that the SIM bearing phone number A from company A was used in that other, reprogrammed handset, and that other handset was used to do the ‘crime’.
And these two scenarios, the one the cops ‘liked’, and the other one I just elaborated, as well as other possible scenarios, seem equally likely to explain the facts related so far. Except that Amphon’s circumstances kind of skew us non-cops toward the second-handset theory, at least they do me.
Yet the cops make no further attempts to gather more information. ‘Perhaps’ thinking they have someone in the person of Amphon whom they can easily convict using their usual methods. And of course they are right.
The prosecutors think so too, and so take up the case and the judges, explicitly noting that the prosecutors have NO CASE, convict on the well-known legal axiom that a person charged with a crime must prove themselves innocent : is guilty until proven not so.
It’s total crap. I hope I’d be too ashamed of such a vicious, lame, frame-up to allow myself to be associated with it. But the cops, prosecutors, judges weren’t in this case. In all cases of lese majeste, it seems to me.
And inevitably, by association, due to the incessant beating of the drums of jingo by those who claim to be his friends and ‘protectors’, HM the King of Thailand, perhaps – or likely, at his age and in his physical condition – presently incapable any longer of controlling the actions of the thugs and goons who claim to be his protectors, will likely be tarred with the same brush those thugs and goons have used to tar Amphon.
It stinks. All of it stinks to high heaven.
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John Francis Lee # 32
First with my engineers hat on;
“But the connection between the IMEI number and a particular handset is by convention only. It can be changed, and used as a matter of course to be changed in Thailand, until quite recently.”
It is much more than a convention. It was designed to be a hard and fast link between the physical handset and an identifying code that can be held in a global database in Dublin and should never change. I doubt very much that Thai operators were juggling IMEIs “as a matter of course”. Where did you read that?
Other important identifiers used in the network are the IMSI that is held by the SIM and shouldn’t usually change and the MSISDN which is the actual phone number on the SIM and can be easily changed.
Now discarding the engineer’s hat, I wholeheartedly agree with everything else you say;
1. Where is the SIM carrying the IMSI/MSISDN identifiers sent in the offending messages ? Who owns it ? Who bought it ?
2. Where is a witness who saw Akong sending the offending messages or even discussing such things?
3. Anyone who can use google can find out that IMEI can be hacked
4. The judge admits that all they have is circumstantial evidence and then pronounces some Kafkaesque logic to allow it as the sole basis of conviction.
It does stink to high heaven and unfortunately I also agree with Nich when he says things will probably get worse yet. The fundamental issue driving this is the looming succession. Plus Chalerm is a nasty piece of work who should not be allowed in any self-respecting government.
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Hi all,
just for your information. There are 2 events that were held yesterday and today to Free Ah Kong and call for a reform of the article 112 or the lese majeste law.
The first one was held in front of the criminal court in Bangkok. You can read the article and see pictures in Prachatai here (in Thai) http://www.prachatai.com/journal/2011/12/38263
It was attended by over 100 people.
and more pictures https://www.facebook.com/media/set/?set=a.10150517268574416.435079.510039415&type=1
and https://www.facebook.com/media/set/?set=a.10150413426972895.355868.657712894&type=1
The event today was a peaceful march from the victory monument to Ratchaprasong interjection. Also attended are Suluck Siwaraksa, Prof. Pawin (the free ah kong campaign initiator), etc. It was quite a successful event as we have seen a good turn-out and a big number of media people. so keep watch for many articles to come tomorrow!
There is a picture album here from a friend of mine who also attended the march:
https://www.facebook.com/media/set/?set=a.2533578251822.2127539.1024504690&type=1
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Free Ah Kong Rally in Chiang Mai was also held the same as in Bangkok.
Read more here:
http://prachatham.com/detail.htm?code=n3_10122011_01
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Pete S at 33
I’m not an authority on IMEIs or cell phone technology. All I know is what I read in the papers, in this case in the paper that Kerrie linked to and wikipedia article that the defense attorney mentioned and that I linked to.
From Kerrie’s link :
From wikipedia :
I realize that ‘engineers’ may have thought they were specifying a ‘hard and fast link between the physical handset and an identifying code’ in the early stages of design, but if it can be changed it will be, and has been. The hard and fast link just didn’t work out to be hard and fast.
If you don’t like the word ‘conventional’, how about ‘theoretical’?
That’s more in keeping with the MSM’s ‘conventional’ descriptions of contrary-to-fact assertions about how the ‘way the world out to work’.
It seems to me that an IMEI’s association with a particular handset can only be viewed as temporary and easily mutable by a court of law.
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about how the ‘way the world out to work’ => about how the ‘way the world ought to work’.
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Still no word on HM the King’s freeing AhKong from the clutches of his evil tormentors?
What are we to think of HM the King if he does not (or is unable to?) free AhKong?
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Ah Kong may or may not be guilty of the crime he has been convicted of. I don’t know and I cannot know because I am not privileged to read the emails that his conviction is founded on.
But I do know that three men were executed in 1954.
Despite the fact that just about everyone acknowledges that these executions were unjust, there has been no official pardon.
It remains a mystery.
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Kaptan Jng @ 34
Facebook links blocked. Looks like Big Brother is following the news in Russia and the Middle East…
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I wonder if Akong, who does seem to be quite a simpleton, was indeed set up by his lawyer to plead not guilty in order to draw a stiff sentence and become a cause celebre for the reform of Section 112. If so, he was certainly a perfect choice – intellectually incompetent, not fluent in written Thai, a loving grandfather who took his grandchildren to sign the king’s “get well” book at Siriraj. Combined with the lawyer’s certain knowledge that a Thai court would not hesitate to convict some one without money or powerful connections on the flimsiest of circumstantial evidence in a case like this, it is a fairly compelling argument.
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Tom, is it really a mystery to you why this case had not been reopened?
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I have an alternative theory, Marteau. Perhaps the lawyer pleaded “not guilty” because he was so transparently not guilty.
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Agreed. it’s all very simple, he pleaded not guilty because he’s not guilty and even if he was ‘guilty’ of the so called ‘crime’ he would still be innocent.
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I’ll ask a question which I posed before but which the moderator chose to
delete. If Akorn doesn’t know how to write and send an SMS, why didn’t his
lawyer ask for a list of SMSs sent from the phone to be produced in evidence? Equally, why didn’t the prosecution ask for it to show that other SMSs had
been sent?
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In reply to Marteau c.43. I live in Thailand and use my own name on this blog so, yes, it must be a mystery for me.
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@chris b 46
I would believe that deliberations held “in camera” would be private. So if the attorney did all that you suggest and more, but it was disallowed by the judge, we would not know this.
The presumption of guilt here looms very large in my perception. If chris b has identified exculpatory evidence that was not allowed, that would be even greater evidence of a serious miscarriage.
But, unless I am missing something, we won’t know.
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Arkhong says he is innocent, and yes, the Thais for the most part give this near illiterate grandfather the benefit of the doubt. Thaksin too says he is innocent (and loudly too he redeclared his innocence going so far as inciting last year’s near anarchic very violent Red protests-cum-arson to punctuate his innocence), and for the most part the Thais, save the Reds, disbelieve this fugitive.
Both are seeking pardon. I’m betting the innocent will languish in jail while the fugitive terrorism-prone guilty will get his amnesty, in Y2012.
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New LM case: a first year student at Thammasat charged.
I regret to inform all NM readers of the second of three new LM cases I mention above #6.
The fist case, that of ajarn Suraphot Thawisak, had already been reported.
The accused in this case is Miss Natthakarn Sakuldarachat (her name at the time of the incident she is being charged with, she has since changed her name and surname to avoid harassment). At this moment she is a first year student in the Faculty of Social Welfare, Thammasat University.
During March-April 2010, at the height of the rallies and crackdown in Bangkok, Natthakarn or “Kan Thoob” the nickname she used online then, under which she is more widely known, had just finished her high school course, and had already passed the written exam to the Silpakorn University.
She posted some comments on her facebook. Some online royalists saw them, quickly accusing her of LM, and widely attacking her on the internet and in “Yellow” media outlets.
These fierce attacks were such that the Dean of the Silapakorn Faculty (a known royalist) where Natthakarn “Kan Thoob” already passed the written exam, decided to reject her as new student, claiming she was not qualified because of her lack of loyalty to the monarchy.
A few weeks afterward, Natthakarn earned the right to take a oral exam at Kasetsart University. But the royalists hounded her, threatened to stage a protest at the university the day she was scheduled to appear for an oral exam. So Natthakarn decided to not show up and forfeited her right to study there.
Because of this, between mid-2010 and mid-2011, Natthakarn stayed at home, losing a whole year of study.
In mid 2011, i.e. at the start of this academic year, she passed the exam into the Faculty of Social Welfare, Thammasat University; although the administration knew of her case (Dr.Somkid, the university rector recently gave an interview about her case), she was more fortunate that here at Thammasat, they were more tolerant of differing opinion and accepted her without any incident. She already finished her first term as student her and is about to start the second term, postponed because of the flood until the middle of this month.
However, some royalists were not satisfied with just ruining her study for a year; unknown to Natthakarn, some of them apparently lodged LM complain about her case with the police.
At the end of last October, an LM charged and a summon had been issued to Natthakarn by the Bang Khen Police precinct. But because of the flood (the police precinct itself was flooded, and Natthakarn herself was back in her home province of Ratchaburi), the date she was summoned to appear was re-scheduled twice, finally being set at 10 am., Wednesday 11 January.
During the past two months (from the time Natthakarn received her summon), I together with some academic friends have tried to made informal contact with people in the authorities, urging them to reconsider Natthakarn’s case. After all, there is really little merit in the charge and still less any benefits to social and political order, but to no avail. So, Natthakarn is now officially the latest victim in this LM madness.
……..
A not-dissimilar case, in which a high school contestant of a popular “reality” program posted some comments on his facebook, shortly after Natthakarn posted her (the style and even the content of what both of them posted were very similar), caused an “uproar” among online royalists and made headline news. That young man was forced to withdraw from the show and apologize. The case then disappeared and no action was taken.
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Thanks for keeping us informed of the situation, Aj. Somsak.
At the time of her dismissal from Silpakorn, I wrote to the Dean and the administration, asking why they had denied Ms Nattakarn her rightful place in the university and why they were prepared to deny her natural justice .
I received no reply.
As the news died down, I had thought at least that the persecution of this young woman was over and that she would be able to continue her education in peace.
I am pleased to learn from you that Thammasat, the university that I work at, has acted in accord with its best traditions and enabled her to do this at least for some time.
I am shocked and disgusted by this news. I hope Thammasat staff and students will continue to support her.
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Thailand is becoming more and more like North Korea nowadays. Anybody who says they do not love the King is a traitor to the country. I wonder if LM exists in UK, Canada, Australia etc how many people would be jailed…
…but perhaps there would be none. Because what would happen is the Aussies, Canadians, and the Britons would abolish the Monarchy entirely for using jail to force people to love them.
I think more would be arrested once this lawful intercept machine is in use. I heard this machine can track down the IP of the posters without the need to contact the service provider to provide the IP address, a request which overseas service providers keep refusing to comply with the Thai authorities. Once the LI machine is in use, New Mandala may have to ‘hide’ most of the comments made by the posters here (including mine) to protect us from being charged with LM.
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If this royalist hysteria continues, I can foresee many Thais who would have to seek political asylum overseas. Thais used to be proud for being a place which provides refuge for Cambodians, Vietnamese, Laotian, Burmese who seek political asylum. I can foresee the opposite happening in avery near future, because of their beloved King!
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CT: Some already have. There are at least 4 cases I can think of, not counting red shirts still outside the country.
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This latest LM case against a Miss Natthakarn Sakuldarachat, a very young aspiring college student, as reported by Somsak J (#49) makes for a very depressing reading (all heavy-handed LM cases are depressing to learn).
Every report of these LM case abuses is a dagger that strikes deep into the hearts of the Thais who revere their beloved King Bhumibhol. Those who wield the LM dagger do truly harm, rather than protect, the Thai monarchy.
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@Khun Vichai,
The problem is most Thai royalists do not realise that their action is undermining the Monarchy. They think that ‘to protect’ the Monarchy, they must ‘exterminate’ everyone who shows dissent, or even a mere indifference. They do not realise that this will achieve nothing but incur more hatred and polarisation in the Thai society. At the end, they would be the very people who destroy the Monarchy through their irrational fanaticism and their unwillingness to compromise with people who share different beliefs that they have.
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UPDATE: Natthakarn-”Kan Thoob” LM case.
Natthakarn has decided to asked the police for postponement of her reporting for LM charge, from next Wednesday to sometime next month. The police agreed. The new date is tentatively set at 11 February.
The reason is that she has upcoming final exams for last semester (held up from October because of flood) within a few days after next Wednesday. At first she thought she could manage the preparation for both the exam and the reporting to police within few days of one another; but apparently the latter interfered too much with her time and concentration for the exam preparation.
I’d like to emphasize that the LM charge against Natthakarn “Kan Thoob” stills stands, the summon still stands, only the date of her reporting to police has been rescheduled.
……………….
I’d like also to give some further info about Natthakarn, that I just checked with her. She was born in May 1992. This means that her posting on facebook between March and April 2010, for which she is being charged, happened when she was not quite 18 years old. I am not quite sure about the law on this, but as I understand it, should the case come to court, she could be trial as a minor, presumably even in juvenile court (?).
In any case, this fact (and the fact that even now she has not yet reached 20), makes the charge all the more depressing. While nobody of any age (or political persuasions – not even Somdhi Lim), should be charged with LM; in the case like Natthakarn, the police should have exercised their good sense, and should not have laid formal charge against her. At most they should have contacted her, perhaps with her parents and her university supervisors, to warn her of potentials danger of posting ambiguous massages online. They should have let her get on with her life and study.
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I wrote about Kan Thoob’s story back in August 2011.
http://bit.ly/p439lh
What is very clear is that she has been the victim of a PAD-led hate campaign for almost 18months.
Manager, Social Sanctions and other neo-fascist organisations (can we please STOP calling them “royalists”?) have been hunting this young woman down since she was only 17years old.
Her plight just seems to be typical of the nasty, malicious cyberstalking, hate speech and intimidation that has to be legislated against every bit as much as 112 needs to be amended/reformed/abolished.
In any nation where democracy has taken root it would be Kan Thoob’s stalkers that would be prosecuted, not her.
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In the last few days we visited Ah Kong, Surachai Saedan and Joe Gordon in prison.
I’ll be putting up a few thoughts and impressions about the visit on my Facebook page.
Please feel free to drop in, comment and take a look.
Http://bit.ly/niKAlm
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I just put together what I can find about the case of Natthakarn Sakuldarachat here:
http://slashdot.org/journal/276134/thai-girl-could-be-tried-in-juvenile-court-for-facebook-post
Thanks to Somsak Jeamteerasakul. Note the Bangkok Post just covered this story.
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Thanks jginspace. I also note that PPT has a page: http://thaipoliticalprisoners.wordpress.com/pendingcases/natthakarn-sakuldarachat/
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One sensible way would be to smuggle Ah Kong out to another truly free country. With the atmosphere as it is now, Ah Kong does not have a chance, with our dear General Prayudh telling “traitors” to leave Thailand and seek residence elsewhere.
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One defense, for ‘some’ of the accused, could be a Freedom of Religion strategy and, ironically, HM is the Legal Defender of Buddhism. Those who display Buddhist virtues of Compassion and Equanimity, for example to speak out against the barbaric treatment of an innocent old man, or greater issues, like the clutching of Political Corruption on the Societal Milieu, with good intentions for fellow men, and no malice to the Monarchy; should be ‘safe’ to practise their religion.
Those who want Thailand to stand on the World Stage as a Civilised Nation are, actually, more patriotic to the Monarchy than those who would misconstrue enforcement in a myopic and unequal manner.
There are literally millions of internet Posts which Thailand in dim opinion when it comes to this ‘Issue’.
Those who, really, commit LM, of course, should be punished, but those with a bent for a fairer, cleaner Siam should be lauded.
I agree with the idea of having ONLY 1 office with the Authority to press LM charges. [More correctly, they might be agreeing with me, as I have been Posting this 'partial' remedy for years, before the Nitirat group suggested it.]
There are ‘other’ elements of the LM Law which need defining, but the easiest, most effective, CURE would be a Reconciliation of Democracy WITH the Monarchy. I’ve been informed that Josephocracy has been Discussed on a Thai TV & a Thai Radio Show, with favourable response from audiences.
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One of the biggest problems with LM, besides unwieldy enforcement and unequal enforcement, [ie what some people 'can' say and what others can't, as exposed in Wikileaks *wink*] is the definition, or lack of, of what constitutes LM. [[[Anybody pressing 'frivolous' charges should be subject to years in jail if the motivation had nothing to do with defending the Monarchy.]]]
For examples. [IF} a Thai, broad daylight, as an act of protest, through a beer bottle on a portrait of a Royal, sure, a few years to think about insulting actions. However, a tourist, at night, who doesn't know what they are doing, drunk? OK, a few thousand B fine and a mark in the passport for deportation on the next occurrence. < IF you want civilised. Now, The same Thai, who 'might' think Thailand would be better off as a Republic [it wouldn't be, but that's another whole Topic]; that Thai should be allowed to, openly write letters to Editors, create BLOGS and petition political candidates. ie; Thais should have 'free' NOT 'wild' speech as right. [Like freedom of religion] Right now, they both only 'on the books' but not in practise.
[[[Long Live the Monarchy is Shared Ruler-ship with the People]]]
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“For examples. [IF} a Thai, broad daylight, as an act of protest, through a beer bottle on a portrait of a Royal, sure, a few years to think about insulting actions. However, a tourist, at night, who doesn’t know what they are doing, drunk?”
I’m not sure, Gary, if you’re trying to be satirical or not. So forgive me if I misunderstand you.
I propose another scheme. Vandalism by anyone, Thai or foreign, should be punished with penalties that are appropriate to the misdemeanour. Any protest associated with the vandalism should be disregarded because everyone, Thai or foreign, should have the right to freedom of expression.
The rest of what you say I somewhat agree with. But in practice what is happening is quite different. The Nithirat group has exercised their right to freedom of speech by proposing a set of reforms. For this, they have been threatened with having their heads stuck on spikes to decorate the entrance to Thammasat University where I happen to work.
What has been the response by the government to this? To seek out the people who made these threats and charge them under the law? To charge these people with inciting murder?
No, it has been to say that we are watching you. Meaning Nithirat, and meaning civil society.
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A Kong IS DEAD THIS MORNING.
He is said to be in poor health for some times. Last Friday he had severe pain in his abdomen and was sent to prison hospital. He died there alone this morning. His wife is visiting the prison at this moment to arrange for the funeral. They just had their 44th anniversary of their wedding May 5th.
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All this is just such an utter shame…
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I’m truly sorry for Ah Kong and his family…and I’m sorry and shame for Thai injustice. I hope one day people in all around the world are treated equally especial in Thailand my beloved country. Thank you for k’pavin and his campaign at least it show that there are some people in this country really concern and value of the humanity.
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the case against Surapot goes back to 2010 (Somsak #25)
http://asiapacific.anu.edu.au/newmandala/2011/12/13/another-academic-victim-of-112/
In fact LM cases in the legal process now are not of this government’s tenure. Remember, while allocating blame, everyone is controlled by amaat forces that are situated outside the control of this elected government. Reforming the constitution, which is feasible under this government, must be a priority to change the repressive falange parastatal apparatus (and of course its codes such as 112).
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