Another victim of the 112 tyranny, this time lecturer in Buddhist studies at Rajabhat Suan Dusit University in Hua Hin, Ajahn Surapot Taweesak (สุรพศ ทวีศักดิ์).
The regime is trying to use scare tactics against selected resistant actors and hapless citizens, especially those who present a coherent and reasoned challenge to their illogical position vis-à-vis LM/112.
Surapot has from time to time posted articles and comments on Prachatai Website (including a response to a piece posted by Somsak Jeamteerasakul on 10 August 2010). Surapot uses his real name for articles relating to Buddhism and society, but a pen name when he talks politics. Surapot was the first academic to attempt a nationwide survey among the sangha to ascertain political viewpoints in the post-2006 colour-coded crisis. His most recent piece was comparing the ten virtues of the Dhamma’raachaa and its modern incompatibility with sustaining LM/112.
The police first came to his university on 6 October 2010 and then all was quiet – until recently when he was again contacted by police from Bangkok and taken to Roi Et where charges were formally laid. We may wonder why all of sudden the intent to take action against him after PTP came to government? In fact many recent cases date back to offences seemingly made under the previous unelected Abhisit government. This indicates intent by the amaat regime and its skewed “independent” bodies including judiciary to show who has real power in Thailand. It is most certainly not the elected government. The regime, currently on the back foot since its Democrat Party-military program failed at the last election, is intensifying attack through its judicial system.
Many believe it is only a matter of time when they will bring PTP down through the courts.
[Further details, in Thai, here.]
It’s always a problem when a country that declares itself to be Buddhist does in fact practice no Buddhism in its true sense.
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Ji Ungpakorn was lamenting the lack of activity on the part of the redshirts, due in Ji’s eyes to their leadership having been coopted by the amaat… isn’t it time now for a massive show of support for their elected government by the people themselves, accompanied by their call to implement the plan put forward by the Nitirat? To make sure that the coup of 2006 was the last coup in Thai history?
Surely then their leaders will scurry around to the head of the peoples’ parade if they do so. That seems to be the definition of ‘leadership’.
With the 1997 Constitution reinstated and the clock in the courtroom rolled back to 18 September 2006, the people will be seen to be firmly in control of their government, and then they and their government can, putting one foot in front of the other – in workmanly and workwomanly fashion, readdress and redo the issues that have been illegitimately treated up until now.
Yingluck needs all the support she can muster if she is to stand up to the small, but armed and manifestly ruthless, forces aligned against her… and she clearly does have by far the majority of Thais behind her.
That fact seems to need demonstration.
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I always think that acedemic realm is something the establishment wouldn’t (or couldn’t) touch, at least not openly. Now I suspect that the thinking is no longer valid. If the establishment doesn’t care about the acedemic world then maybe its time to brace for the nasty thing to come.
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In fact, [since this was firts written] Surapot has at this stage only been called to report to police on charges of LM (apparently charges were filed by one of PAD’s stage puppets and the son of former Roi Et mayor who has a bad habit of doing this against Thai progressives). This is the first stage of the LM process. Hopefully it will not be pursued, but the sentiments are indeed dangerous and can now result in formal prosecution especially as he has not yet gone to formally “acknowledge” his charge…As well, he remains active and on 10 December joining a small group of anti112’ers from Victory Monument to Raachaaprasong and has not kept quiet.
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“This is the first stage of the LM process. Hopefully it will not be pursued…”
But there is no statute of limitations on LM, is there? Having your name mentioned in the same sentence as LM is meant to be a life sentence of sleeping beneath the sword of Damocles.
LM charges are routinely levelled years after the ‘crime’ is committed. aren’t they? And the ‘investigations’ are open ended… look at what Chiranuch has been put through… so far. Look what they have lined up for Surachai and Somyos. Everything about LM is a vile burlesque of justice.
“As well, he remains active… ”
That seems to be the best policy, to me, not ‘just’ from the point of view of commitment to principle, but also to keep your name and plight before the public.
If I were ‘invited’ to a Royal Thai Police station for a conversation on LM I would try to make sure that my name appeared with “charged by the Royal Thai Government with lese majeste” after it whenever it did appear. Most right-thinking people would regard it as a badge of honor, an attestation to principled character, at this point.
The problem is that the Royalist Thai ‘elite’ have been able to get ordinary Thais to internalize ‘elite’ values and to feel guilty when persecuted with this vile, purely political charge.
It is now a badge of honor attesting to one’s courage and forthrightness to be charged with lese majeste.
Lese majeste has no majesty at all about it… it brings shame, not to those charged, but to those who level the charge and to all those who contribute to its prosecution.
Perhaps we should make stars with LM emblazoned on them in large, scarlet letters and present those charged with lese majeste with such Stars of Oppression. We could all wear them ourselves to demonstrate solidarity with the LM victims du jour.
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“Many believe it is only a matter of time when they will bring PTP down through the courts. ”
Now Jim Taylor is getting melodramatic and he knows this claim is preposterous. With Deputy PM Chalerm Yubamrung leading the charge (‘crusade’ perhaps would not be an inappropriate word) to prosecute and jail LM offenders, and because Chalerm is Thaksin’s right-hand man by default (or left-hand man, does not matter), PTP would the last group that PTP leader Chalerm would connect or fine for a LM misdemeanor.
I wonder why Deputy PM Chalerm Yubamrung is now validating (not that the truth needs revalidation) that Men in Black were responsible for assassinations and terror during last year’s Red rampage? And Chalerm says (he claims he has solid evidence) this MIB were/are Northeastern policemen by day, terrorists by night.
Theories anyone?
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Vichai N #6, I can understand the frustration against PTP (note also Ji’s recent comments published elsewhere); Chalerm [and Anudit] are certainly a paradox; what they say and what they do are two different matters. some points to keep in mind: 1. There are left and right factions in PTP, with 111 of the best pro-democratic pollies earlier banned by the amaat [for 5 years -until May next year]; these folk coming back would change the face of PTP…
2. current LM are earlier cases from the last regime brought forward through the courts which the GOV has no control over as they are controlled by the amaat network…(who elect thmselves independent of any mass electoral process). 3. I would not entirely blame PTP; they are all we have right now, even though Yingluk has her hands tied behind her back and little wriggle space; every way they turn they are blocked/obstructed…But the thought of PTP making a compact with the regime accountable for the 2010 massacre disgusts me. 4. we should continue to monitor and exert reasonable pressure on PTP with performance deadlines to carry out their electoral mandate. 5. Are the masses ready for radical alternatives if their GOVT fails? (–either fails the masses, or the party is failed by the court/regime -starting with Jatuporn Promphan)…
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The ammat has failed to bring down Yingluck by water coup (this too may sound preposterous to Vichai) so their next attempt must be via the courts. We have seen this in the EC trying to disqualify Chatuporn as MP but all the EC can do is only refer the case to the Constitutional Court. After that, the EC will try to blame white-haired Yongyuth in Chatuporn’s case and call for PTP dissolution.
But ammat know time is not in their side as they know May 2012 is approaching fast and they must do it before this deadline. They can see the House of 111 (Chaturong, Pongthep) have openly started making public comments. So the only option is by a military coup (another “preposterous” idea which even Prayuth himself does not dare to think of doing) but who knows what happens when a dog is cornered in a narrow soi).
However, what I want to see after May 2012 is whether Chalerm can work together with Sudarat because both share the same power base, namely Bangkok.
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If the PTP stands idle and do nothing while the elites are using lese majeste to jail people, it will lose the support from the Red Shirt people. I also believe (and let me repeat that it is only my belief) that PTP will be ousted soon by the elites. It is up to them to show the Red Shirts at the time where they are still in office whether they agree or disagree with lese majeste law. If they act in a way that they disagree with lese majeste, they won’t lose the Red’s support. Vice versa. The Salims and the yellow will not vote for them anyway. So it is futile for them to show loyalty.
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I wouldn’t be so sure that this latest case, and two other new cases (one also a university lecturer, the other a junior university student) are all the work of the so-called “am-mart”, as Jim Taylor says.
True, all three involve incidents that happened during the previous government, and the process started there. But, the final decision to lay charge and issue summons was made definitely during this government. And according to the government’s own statement, all LM cases have to go through reviews by special committee at the central authorities, i.e. agencies like the Police HQ and DSI, not the local police precincts who are the one formally laying charge and issuing the summon. And nowadays, these agencies are under the control of the government (the Police Chief is the PM’s relative), not any so-called “am-mart”.
As I write these lines, a new round of LM crackdown just began. Yesterday, police visited a home of a blogger with a search warrant. His fate is still uncertain, he hasn’t been heard since he posted the news on his fb of the search. I was also learned that a group of police had gone to the residence of the webmaster of a very well-known website, although luckily he wasn’t there. The police apparently said they were not seeking his arrest but just wanted to invited him to talk. There were also unconfirmed report of similar incidents. All these happened as part of Cha-lerm-led efforts to, as he himself declared, shut down 200 LM websites, and he clearly kept his word that yesterday would be the “D-Day”, the start of the crackdown.
I think the relationship and attitudes of the Thaksin camp toward the so-called “am-mart”, or to be more precise, the palace circle, is more complicated than Jim would like to admit. I don’t think Chalerm’s action could be entirely attributed to the “division” within the camp either; I cannot imagine it being taken without some tacit or explicit green light from his boss.
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A couple of questions for Jim Taylor:
1. Are the “111 of the best pro-democratic pollies earlier banned by the amaat” out there active against 112, the new computer crime law and the evil old laws about criminal libel?
2. The disgusting thought of “PTP making a compact with the regime accountable for the 2010 massacre ” – has this not already come to pass with the coup leader General Sonthi Boonyaratkalin and the King Prajadhipok’s Institute running the “reconciliation ” process and an amnesty bill to absolve all – except LM “offenders” – from their political and human rights crimes?
Also Ji says our hope lies in rank & file Red shirts rather than Peur Thai .
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Somsak: I wonder what would be the reaction if the current police chief were to recommend against a recommendation that LM charges be prosecuted? Wouldn’t it be a giant royalist attack on the government for disloyalty? How does the government get out of this disloyalty spiral into royalism?
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Further to Somsak and Jim Taylor on the relationship between Thaksin and the “Ammat”:
I think that one possible explanation for PT’s enthusiastic crackdown on LM may relate to the “Brunei agreement” earlier this year. Thaksin’s political support was so strong and so consistent, even after everything the royalists had thrown at them since the conflict began in 2005, that if Thaksin had continued to have been kept out of office the prospect for political polarization was seen as so destabilizing for the country and dangerous for the monarchy that it was enough to bring the Palace to the table to strike a deal – which Crispin wrote about in his article. This may explain why Abhisit was so lacklustre in the election campaign: knowing that the deal had already been done he was just “going through the motions” of campaigning.
Now that his government has received the imprimatur of the highest authority, so to speak, Thakin’s modus operandi for the time being – ie. while his opponents keep to their part of the bargain – may be to just make sure the PT politicians, their coalition partners, and their constituencies are “well looked after” with the spoils of office. That is, they focus on the bread and butter issues of the voters to make sure that they retain their mass support base which keeps them in power, while cracking down on the academic and liberal critics of the monarchy in order to placate the royal family and conservatives and to demonstrate that they are keeping their part of the deal. The other part of the deal would be that Abhisit, Suthep, and the military leadership would escape any prosecution for their involvement in the April-May 2010 killings.
I think that the “anti-LM lobby” is still so small, isolated and politically weak that the political calculation may be that no-one would really kick up a fuss over the PT’s crackdown on LM. As long as PT keeps its rural base happy by delivering Thaksin-style “populist” policies there is little if any political damage to the government over this abstract human rights issue that is really only meaningful to the small liberal section of the middle class. It is very significant that the Red Shirts and the PT, who have demonstrated that they have the power to “radicalize” their grass roots supporters (eg. by mobilizing hundreds of thousands of them to march on Bangkok), are silent on LM. And it’s not as if anyone would change their vote to the Democrats with the expectation that they would reform LM. The only political reason for PT to act on reforming LM would be to attack the monarchy, which is not in PT’s political interests under the current deal.
It’s almost conceivable to imagine that the reason that it is royalists like Anand, Pramot, Khamnun, and the Bangkok Post who have come out in support of LM reform, is not out of any true liberal desire to have the law reformed but to try to break up the deal between Thaksin and the palace. That is, it’s a way of attacking Thaksin.
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UPDATE:
The blogger I mentioned above who was visited by the police with search warrant yesterday, is now taken to the DSI headquarters. Details are still not available, but his lawyer had been informed and is now trying to make contact with him at DSI.
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The blogger’s real name is Kritthi Raruk-luedet (กฤตธี ระลึกฤาเดช); but he is more well-know under his on-line name of “Thai-wat Srithandorn-samut (ไทยวรรษ สีทันดรสมุทร). I don’t know him personally, but he used to be a regular poster at Faw Diew Kan webboard where I used to write. I post his photo (together with samples of his online posting) here, taken from one of his friend:
http://upic.me/show/31222957
According to Anon Nampha, Akong’s lawyer, Chalerm Yubamrung sent the same police team that arrested Akong to Kritthi’s house and took him into custody at DSI.
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Somsak noted: “But, the final decision to lay charge and issue summons was made definitely during this government…”, in fact it is the court not the government: the latter cannot tell the court what to do (unlike the relationship between DP and their judicial elite mates = amaat decison-making). Police never drop cases on LM because too dangerous for them and then let it go every step to the court…They have to act on complaints filed
/I think we need to remember that any Thai govt has NO real POWER— / it is the regime. Everyone needs to join forces against LM to change it and I believe it is not a small group of anti112′ers, (Patrick #13) but the majority but they are still shaking from the past two years. The fear of 112- given its interpretative ambiguity for those “out front” -is very real.
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That’s the biggest nonsense written I’ve read in a long time.
What about more-catholic-than-the-pope Chalerm and his LM hunt?
Blaming a regime when reds turn out to be freedom of speech’s worst enemy?
Gosh, what a nonsense conclusion of this article.
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The regime that’s running the place now is ramping up lese majeste not tearing it down. For their own selfish ends, of course. It doesn’t take much imagination to see how this will be abused:
B400m for lese majeste web taps
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To change LM, we need the help of many, or may be just one man. But it’ll be hard to do in both ways. Though the one man route is certainly MUCH, MUCH harder.
Just a thought.
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Patrick Jory
Movements for change have often started with just a few people. But sometimes lots of few people all over the place.
Did anyone predict the French Revolution?
Could anyone even have discussed the possibility of it until it had happened?
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Jim Taylor #16
No. The decision to lay charge and issue summons is with the police, not the court. This is a matter of law. Only if the police want to issue arrest warrant, do they have to ask for one from the court, merely to lay charge and issue summons, they don’t. So in the three cases I’m talking here, they definitely didn’t.
Further update on “Thaiwat” #14 + 15
“Thaiwat” was released home after spending sometimes at the DSI. I haven’t heard yet whether any formal charge was made against him, or just “questioning”.
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Somsak didn’t respond to my question at #12, but I suspect I have something of an answer when the newspapers report that both the Democrat Party and the Lawyers’ Council of Thailand have continued to accuse the current government of failing, with the latter calling for more drastic action and the former complaining that “people” are making complaints and the government (presumably police) aren’t getting out and arresting more people.
The spiral downwards is more rapid than expected and there seems no way to stop it. Is that, however, an indication that the system is about to collapse in on itself, bringing the whole edifice crashing down or is it a descent into unimaginable authoritarianism?
It seems to me that opposition to the repression associated with lese majeste is now only for the very brave.
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Somsak #21- my point is the police do not have any option in the case of LM because it is too risky for them to “bury it” and have to let the process continue all the way to the courts. It is up to the courts/judiciary to take the next dreaded step. The fear among police and all low level actors is from the amaat NOT the GOVT. Turning attention and blame on the GOVT (any GOVT) is irrelevant given the way so-called independent bodies have been set up…
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Tom Hoy #20
No one could have known that when a Tunisian fruit vendor set himself on fire in a public square, it would incite protests that would topple dictators and start a global wave of dissent. In 2011, protesters didn’t just voice their complaints; they changed the world.
http://www.time.com/time/specials/packages/article/0,28804,2101745_2102132,00.html
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Vichai N #6. I would have thought it was pretty obvious why Chalerm has suddenly reassigned the men-in-black from the army to the police. Thaksin is desperate to form a pact with the top brass which he needs to co-opt in order to feel safer when comes home on his brand new Thai passport. The current top brass needs to be offered substantial incentives in order to get them to roll over and let PT amend the Defence Ministry Act. In addition to the usual financial incentives both on and offshore, the top brass needs convincing assurances that they will not be prosecuted for the 91 deaths. One good way to do that is to transfer the blame for the men-in-black and the murder of Seh Daeng on to the police and no doubt kill two birds with one stone by attacking the “epilectic” police commander, whoever he may be, at the same time. PT seems to have already cut a deal with the 2006 coup leaders, as evidenced by the fact that Gen Sonthi has been put in charge of a committee for the amnesty to bring back Thaksin which is unnecessary as Chalerm, who sports an ersatz law doctrate, had some one else draft the amnesty bill. The plan is obviously designed to amnesty all military leaders from all crimes and focus prosecutions on Abhisit and Suthep alone.
Re Section 112, what did you all expect? It was extremely obvious that PT would waste no time before initiating a crack down on LM, computer crime the media and generally doing whatever it can to suppress all forms of freedom of expression. That is the nature of the man…..whoops sorry, the party. The multi colours and greens protesting against freedom of expression outside the US embassy may well be from the lunatic right wing fringe but PT is very far from being a socialist movement representing ordinary farmers and workers, despite wishful thing from Jim Walker, Ralf Cramden, Ji Ungkaporn and others who veer towards the lunatic left wing fringe. It represents a revolutionary movement of a kind but the real objectives of that revolution are to replace the old guard amatiya with a new breed of parvenu amatiya who are more corrupt and greedy than the traditional bunch. As such, the mechanisms for repressing freedom of expression, such as 112 and the Computer Crimes Act are regarded as vital tools of the trade to be beefed up, rather than abolished.
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Jim Tayor (#19) – it’s simply not correct to say that the government has no power – quite the opposite.
Thaksin and his various political parties have demonstrated that they cannot be destroyed as a political force. Yes, they can be overthrown in a coup, military or judicial, but only by invoking the support of the monarchy. But the royalists’ use of the monarchy since 2005 to try to attack Thaksin and to overthrow governments with mass support has politicized the monarchy to an extent that is EXTREMELY dangerous to its future survival.
Right now the monarchy is a hostage to Thaksin.
The PT government will go through the motions of cracking down on LM and declare its loyalty to the monarchy in order to maintain a working relationship with the Palace, keep the more moderate royalists happy, and “maintain the peace” in a very polarized society. But if the Palace and the royalists start to seriously destabilize the government all Thaksin has to do is to threaten to carry through with his reform of the LM law. I think that is why shortly after PT formed government Thaksin (through Yinglak) publicly declared that the govt. would consider reforming the way the LM law was being used. In other words, a veiled threat.
People should not underestimate what reforming LM really means. Reforming the LM law would immediately end the monarchy’s political influence. It could no longer intervene behind the scenes without a huge public outcry. But more than that, without a much broader reform of the monarchy (of the kind that Somsak has argued for) reforming or abolishing LM could lead to the end of the monarchy itself. How could the monarchy survive if 60 million Thais were allowed to talk freely about the 1946 regicide, 6 October, and all the other skeletons in its closet? Its legitimacy would be destroyed overnight.
In fact, the ultra-royalists’ “overkill” in their use of and support for the LM law also benefits Thaksin. The opposition among liberals in Thailand about LM, and the increasing publicity about LM in the “international community”, puts pressure on the monarchy and its supporters. It isolates them more and more by showing the monarchy to be a medieval and oppressive institution that has no place in a modern democracy. Thaksin wins both ways.
That’s why it’s the royalists who have come out expressing their concern about the way the LM law is being used. Each sentence that a judge hands down is destroying the monarchy’s reputation.
So all in all I think the govt. is currently in a very powerful position.
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So, is Yingluck a redshirt or not? Am I alone in thinking there is some doubt about this? As far as I can see she has no appetite at all for a social agenda which would address the inequalities and injustices which plague the poor.
As for 112 her deafening silence on possible reform speaks volumes.
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“Patrick Jory”:
The problem here is that much of the topic matter is moving in the purely speculative realm. When you refer to Crispin’s theories of a so called “Brunai agreement” there is no hard evidence of this ever having taken place other than “anonymous sources”. Was there “a deal” made, or are there just ongoing talks? I am very reluctant to believe anything unless i get reliable corroboration.
As to LM – again, very difficult. What i do know for certain is that investigating police has very little leverage. Above a certain level things are very murky, and in some cases i am aware off police officers have very clear directives that the result of their investigations are to be forwarded to the prosecutor.
In other cases i know police was nominally in charge of investigations, while in reality the investigation units have been (are?) headed by army/ISOC.
But again – nobody will go on record, and there is no paper trail.
In case of LM how much power does the elected government really have? Could the government afford not to toe the line openly? The next anti-government/protect the monarchy opposition is already forming up – Siam Sammakki. While this group seems to still be seen by many as the little radical brother of the PAD, it is generally ignored which groups in fact have formed an alliance there, and which power networks their leading figures are allied to.
There is enough precedence that the army decides when it will follow orders of the government, and when it will not – such as in 2008 under the Samak and the Somchai governments when the army did not follow orders of the government, both when Samak declared the emergency decree and during the airport occupation. In the much more sensitive issue of LM would the army tolerate any attempt of amendments of the 112 laws by the elected government? I wonder. Even under the Abhisit government, General Prayudh filed a case against Prof. Somsak which went quite against stated policy of Abhisit, who in an interview just before the elections with a few other journalists and me answered on this issue which was quite clear that he was not exactly comfortable with these charges.
Lets not forget the army’s highest loyalty (Prem’s jockey speech in 2006 was a clear reminder), and that the army is in this aspect a completely independent entity only under its own control.
The question here remains, can any elected government in Thailand afford to propose any amendments to soften the 112 laws?
What do we really know about the position of the palace? Is there a position of the palace? Many cite the king’s comments regarding criticism, but were these comments really that clear and supportive, or have there been subtleties lost in translation? This speech was several years in the past, when Thailand did not face the situation it faces now. What is the position now? We have no public comments from that side yet. The only public comment we have that has touched the issue somehow is the Woody interview, and in that interview the thoughts expressed were quite opposite of what many people here wish.
What do we really know? I think far too little.
I think the only thing we can possibly do right now is closely observing what will occur on street level over the coming months, as then we may be able to have more educated guesses on how the elite level position regarding this issue may be, and/or how elite level positions may shift/adapt/ form in reaction to street level positions.
One thing we know – the conflict remains to be in a flux.
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“What do we really know? I think far too little.” – Nostitz
Well we know enough of Chalerm and Thaksin. Both are self-serving and very manipulative . . . and unashamedly very very corupt; and combative both.
Both rode and continue to ride the Red coat tails because it suited their self-interests just fine. Now riding the Royal coat tails becomes their new imperative .
Hallelujah Chalerm and Thaksin (and Yingluck too) have seen the light, and they have been enlightened. And Chalerm will wield and slash with his shining sword all those who continue to disbelieve and disobey, whatever color of coats they wear.
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I draft translated this a couple of years back, and it needs some checking, but I throw it out in case it did not appear on past pages. It is the standard procedure police cite internally to use in LM investigations.
FGA
From: http://www.sobsuan.com/modules.php?name=Forums&file=viewtopic&t=1879&highlight=
Unofficial D R A F T Translation by FGA
คำสั่ง สำนักงานตำรวจแห่งชาติ
Order of the Royal Police of Thailand
ที่ 330/2550
No. 330/2550
เรื่อง กำหนดแนวทางปฏิบัติในการดำเนินคดีหมิ่นพระบรมเดชานุภาพ และคณะกรรมการพิจารณาคดีหมิ่นพระบรมเดชานุภาพ
Subject: Specified methods in conducting lèse majeste cases and [procedures used by] committees considering lese majeste cases
********************
ตามคำสั่งสำนักงานตำรวจแห่งชาติที่ 28/2548 ลงวันที่ 17 มกราคม 2548 เรื่องเปลี่ยนแปลงคำสั่งแต่งตั้งคณะ
In accordance with Royal Thai Police order no. 28/2548 issued 17 July 2005, regarding change of order in setting up committees
กรรมการพิจารณาคดีหมิ่นพระบรมเดชานุภาพ ซึ่งกำหนดแนวทางปฏิบัติของพนักงานสอบสวนและหน่วยงานทุก
to consider lese majeste cases, which prescribed procedures for inquiry officials and all authorities
หน่วยงานไว้เพื่อให้ถือปฏิบัติในกรณีพบการกระทำความผิดในลักษณะที่เป็นการหมิ่นพระบรมเดชานุภาพ นั้น
given to abide by when encountering instances of committing an offense having the appearance of lese majeste,
สำนักงานตำรวจแห่งชาติ พิจารณาแล้วเห็นว่า การพิจารณาดำเนินการเกี่ยวกับคดีหมิ่นพระบรมเดชานุภาพเป็นเรื่อง
the Royal Thai Police have considered and found that consideration of proceedings related to lese majeste is an important
สำคัญ จำเป็นต้องพิจารณาด้วยความละเอียด รอบคอบ เพื่อมิให้เป็นการระคายเคืองเบื้องพระยุคลบาท จึงสมควร
matter, [it] being necessary to examine in detail, thoroughly, so as not be an irritation to their Majesties. Thus it is appropriate
ปรับปรุงแนวทางปฏิบัติเกี่ยวกับการดำเนินคดีและคณะกรรการพิจารณาดีหมิ่นพระบรมเดชานุภาพ อาศัยอำนาจ
to improve methods concerning proceeding with the case, and the lese majeste investigation committee, by virtue of authority contained in
ตามพระราชบัญญัติตำรวจแห่งชาติ พ.ศ.2547 มาตรา 11(4) จึงให้ยกเลิกคำสั่งสำนักงานตำรวจแห่งชาติที่ 28/2548
Royal Thai Police Act of 2004 Section 11 (4) that cancelled Royal Thai Police order no. 28/2548 issued on
ลงวันที่ 17 มกราคม 2548 และกำหนดแนวทางการปฏิบัติขึ้นใหม่ ดังนี้
17 January 2005 and which prescribed new methods [to be used] as follows:
1.ให้กองบัญชาการตำรวจนครบาล ตำรวจภูธรภาค 1-9 กองบัญชาการตำรวจสอบสวนกลาง และกองบัญชาการ
1. The Metropolitan Police Bureau of Royal Thai Police and provincial police regions 1-9, [and] the Central Investigation Bureau and the
ตำรวจสันติบาล มีคณะกรรมการพิจารณาคดีหมิ่นพระบรมเดชานุภาพ ของกองบัญชาการ/ตำรวจภูธรภาค ประกอบ
Public Security Police shall have an investigation board belonging to police headquarters and provincial police composed of:
ด้วย
1.1 ผู้บัญชาการ เป็นประธานกรรมการ
1.1 Commissioner as board chair
1.2 รองผู้บัญชาการทุกคน เป็นกรรมการ
1.2 All deputy commissioners as board members
1.3 ผู้บังคับการท้องที่ที่เกิดเหตุ/รับผิดชอบ เป็นกรรมการ
1.3 Local commanders where incident took place/with responsibility, as board members
1.4 ผู้กำกับการท้องที่ที่เกิดเหตุ/รับผิดชอบ เป็นกรรมการ
1.4 Local superintendents where incident took place/with responsibility, as board members
1.5 ผู้บังคับการอำนวยการ เป็นกรรมการ/ เลขานุการ
1.5 General Staff Division commander, as board member/secretary
ทั้งนี้ให้ประธานคณะกรรมการดังกล่าวมีอำนาจแต่งตั้งข้าราชการตำรวจในสังกัดเป็นคณะกรรมการเพิ่มเติมได้ตามที่เห็นสมควร
In this the said board chair shall have authority to appoint additional branch police staff to be board members as deemed appropriate.
2.เมื่อปรากฎว่าหน่วยงานในสำนักงานตำรวจแห่งชาติได้รับทราบไม่ว่าโดยทางใดว่ามีการกระทำที่เข้าข่ายว่าอาจ
2. At the time when units of the Royal Thai Police have been informed, no matter in what manner, that an act has been committed that may fall within the scope of being
เป็นการกระทำผิด ตามประมวลกฎหมายอาญา มาตรา 112 ให้ดำเนินการดังนี้
an offense according to Criminal Code Article 112, the following procedures shall be used:
2.1 เมื่อมีผู้กล่าวโทษให้ดำเนินคดีกับผู้กระทำความผิด ให้พนักงานสอบสวนดำเนินการสอบสวนไปตามอำนาจหน้าที่
2.1 When an accuser consents to proceed with a case against the offender, investigation officials shall proceed in accordance with authority and duties
ให้เป็นไปตามกฎหมายและระเบียบที่เกี่ยวข้อง แล้วรายงานข้อเท็จจริงโดยละเอียดพร้อมพยานหลักฐานเสนอกอง
in accordance with related law and regulations, and shall report the facts in detail and evidence and testimony to
บัญชาการ นำเข้าพิจารณาในคณะกรรมการในเรื่อง
headquarters to introduce them for consideration to the committee in:
2.1.1 การตั้งข้อหา
2.1.1 forming charges
2.1.2 การร้องขอให้ศาลออกหมายจับ
2.1.2 requesting the court to issue an arrest warrant
2.1.3 การทำความเห็นทางคดีเสนอผู้บัญชาการตำรวจแห่งชาติ เพื่อพิจารณาสั่งคดี
2.1.3 Preparation of a case opinion to present to the Commissioner of the Royal Thai Police in order to consider ordering charges.
ในขณะที่อยู่ระหว่างการรอผลการพิจารณาของคณะกรรมการฯ ให้พนักงานสอบสวนทำการสอบสวนหาพยานหลัก
During the time [the case is waiting] committee consideration, investigation officers shall investigate evidence and take witness statements
ฐานและดำเนินการทั้งหลายเพื่อให้ทราบข้อเท็จจริงหรือพิสูจน์ความผิดต่อไปโดยมิชักช้าโดยมิต้องรอความเห็นจาก
and proceed with various steps in order to know the facts or further prove wrongdoing without delay and not having to wait for opinions from
คณะกรรมการ เมื่อพนักงานสอบสวนเห็นว่ามีพยานหลักฐานสำคัญทางคดีเพิ่มเติมที่เป็นประโยชน์ต่อการพิจารณา
the board. When the investigation officers find additional important evidence or witnesses of use to the investigating board
ของคณะกรรมการ ให้พนักงานสอบสวนรีบนำเสนอต่อคณะกรรมการโดยเร็ว
the investigating officials shall quickly submit these to the board.
สำหรับในส่วน สำนักงานตำรวจสันติบาล ให้รายงานเสนอ ผู้บัญชาการตำรวจแห่งชาติ เพื่อพิจารณาสั่งการให้หน่วย
As for the Royal Thai Police office, they shall submit a report to the Royal Thai Police Commissioner for consideration to order
งานที่มีอำนาจหน้าที่ทำการสอบสวนเป็นผู้ดำเนินการตามวรรคหนึ่งและวรรคสอง
[police officials] that have authority and function for investigation to proceed in accordance with paragraph two.
2.2 เมื่อปรากฎพฤติการณ์จากข่าวทางสื่อมวลชนหรือเป็นกรณีที่ไม่เป็นการกล่าวโทษ ให้หน่วยงานที่รับผิดชอบราย
2.2 When activity occurs from media or in the instance where there are no allegations responsible officials shall report
งานข้อเท็จจริงโดยละเอียดเสนอกองบัญชาการ นำเข้าพิจารณาในคณะกรรมการเพื่อพิจารณาว่าเป็นการกระทำที่
facts in detail and submit them to headquarters to introduce for consideration to the committee to consider whether such
เข้าข่ายเป็นความผิดตามประมวลกฎหมายอาญา มาตรา 112 หรือไม่ หากคณะกรรมการฯพิจารณาแล้วเห็นว่าเป็น
actions fall within the scope of offense according to Criminal Code 112 or not. If the investigation committee investigates the matter and determines that
การกระทำที่เข้าข่ายเป็นความผิด ให้ดำเนินการตามข้อ 2.1 และหากพิจารณาแล้วเห็นว่าการกระทำดังกล่าวไม่เข้า
the activity [investigated falls] within the scope to where it is an offense, [officials shall] proceed as per Section 2.1, and if after investigation it is determined that said activity [investigated within the scope of authorities] does not
ข่ายเป็นความผิด ให้รายงานผู้บัญชาการตำรวจแห่งชาติ ทราบโดยเร็ว
constitute an offense officials shall notify the Commissioner of the Royal Thai Police with dispatch.
2.3 เมื่อมีการจับกุมบุคคลใดดำเนินคดีดังกล่าว เพราะเหตุกระทำความผิดซึ่งหน้า หรือมีเหตุจำเป็นอย่างอื่นให้จับได้
2.3 When any group or individual is apprehended in proceeding with case cited because the offense was openly committed or other need exists to cause apprehending,
โดยไม่มีหมายตามที่กฎหมายบัญญัติ ภายหลังการจับกุมให้พนักงานสอบสวนรีบรายงานข้อเท็จจริงโดยละเอียด
where no warrant [was issued] as prescribed in decreed statute, after apprehending the [group or individual] investigating officials shall quickly report facts and details
พร้อมเอกสารหลักฐานที่เกี่ยวข้องพร้อมความเห็นเบื้องต้นเสนอกองบัญชาการ นำเข้าพิจารณาในคณะกรรมการ
together with related documents and evidence, accompanied with an initial opinion and submit [this information] to headquarters to introduce for consideration to the committee
ดำเนินการตามข้อ 2.1
to proceed in accordance with Section 2.1.
3. เมื่อพนักงานสอบสวนทำการสอบสวนเสร็จสิ้น และกองบัญชาการ/ตำรวจภูธรภาค ได้เสนอสำนวนการสอบสวน
When investigating officials have completed investigation, and headquarters/ provincial police region office
พร้อมความเห็นทางคดีมายังสำนักงานตำรวจแห่งชาติ ให้ผู้บังคับการ กองคดีอาญา ประมวลเรื่องนำเข้าพิจารณาใน
have submitted the case file, together with case opinion to the office of Royal Thai Police [Bangkok], the commander of the Criminal Case Bureau shall compile the case and submit it for consideration to the
คณะกรรมการพิจารณาคดีหมิ่นพระบรมเดชานุภาพของสำนักงานตำรวจแห่งชาติ ซึ่งประกอบด้วย
Lese Majeste investigation cases committee of the Royal Thai Police which is comprised of:
3.1 รองผู้บัญชาการตำรวจแห่งชาติ เป็นประธานกรรมการ
3.1 Deputy commissioner, Royal Thai Police
(งานสืบสวนสอบสวนและกฎหมาย) (tasked with investigation and legal affairs)
3.2 ผู้ช่วยผู้บัญชาการตำรวจแห่งชาติ เป็นกรรมการ
3.2 All assistants to the commissioner of the Royal Thai Police, each a board member
(งานสืบสวนสอบสวนและกฎหมาย) ทุกคน (tasked with investigation and legal affairs)
3.3 ผู้บัญชาการ สำนักงานกฎหมายและสอบสวน เป็นกรรมการ
3.3 Commissioner of the office of Legal Affairs and Investigations, board member
3.4 ผู้บัญชาการ กองบัญชาการตำรวจสันติบาล เป็นกรรมการ
3.4 Commissioner of the Metropolitan Police Bureau, board member
3.5 ผู้บัญชาการกองบัญชาการตำรวจสอบสวนกลาง เป็นกรรมการ
3.5 Commissioner of the Central Investigations Bureau, board member
3.6 ผู้บัญชาการ ท้องที่เกิดเหตุ เป็นกรรมการ
3.6 Local commissioner in location of incident, board member
3.7 ผู้บังคับการ กองนิติการ เป็นกรรมการ
3.7 Commander, Bureau of Regulations, board member
3.8 ผู้บังคับการกองคดีอาญา เป็นกรรมการ/เลขานุการ
3.8 Commander, Criminal Case Bureau, board member and secretary
3.9 รองผู้บังคับการ กองคดีอาญา ทุกคน เป็นผู้ช่วยเลขานุการ
3.9 All deputy commanders, Criminal Case Bureau, as assistants to secretary
เพื่อพิจารณามีความเห็นเสนอผู้บัญชาการตำรวจแห่งชาติมีความเห็นทางคดี หรือสั่งการอย่างใดอย่างหนึ่งเกี่ยวกับ
in consideration of an opinion to submit [the case] to the Commissioner of the Royal Thai Police for [his] opinion, or to otherwise order [as needed] appropriate to the case.
คดี
4,การรายงานเหตุเบื้องต้น ให้พนักงานสอบสวนสรุปข้อเท็จจริงโดยให้ปรากฏชื่อผู้กล่าวหา ชื่อผู้ต้องหา ความผิดที่
4. In initial reporting of the case, investigating officials shall summarize facts by indicating the name of the accuser, name of accused, the offense which
กล่าวหา วันเดือนปีที่เกิดเหตุ สถานที่เกิดเหตุ และพฤติการณ์แห่งคดีโดยละเอียด เสนอต่อผู้บังคับบัญชาตามลำดับ
is being alleged, date and month incident occurred, location incident occurred, and detailed circumstances of the case and submit [said] to commanders following order of rank
ชั้นจนถึงผู้บัญชาการตำรวจแห่งชาติ (ผ่าน กองคดีอาญา ) ภายใน 3วัน นับแต่เมื่อรับคำกล่าวโทษ
up to the Commissioner of the Royal Thai Police (through the Criminal Case Bureau) within three days counting from when the accusation is received.
5.กำหนดชั้นความลับในการเสนอเรื่องเป็น “ลับมาก” ทุกกรณี
5. The level of secrecy in submittal of the matter shall be “Top Secret” in each instance.
ทั้งนี้ตั้งแต่บัดนี้เป็นต้นไป
This shall [be in effect] from this time on.
สั่ง ณ วันที่ 4 มิถุนายน 2550
Ordered 4 June 2007
พลตำรวจเอก เสรีพิศุทธ์ เตมียาเวส
Police General Seripisut Temiyavet ( เสรีพิศุทธ์ เตมียาเวส )
รักษาราชการแทน ผู้บัญชาการตำรวจแห่งชาติ
Acting Commissioner of the Royal Thai Police
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well if PTP and/or Thaksin/ were that powerful as Patrick# 27 suggests governing according to electoral mandate would be simple…(and Thaksin right now back in Thailand). Patrick notes: “Right now the monarchy is a hostage to Thaksin” (?) Blimey. Thaksin would love to hear that. He may be rich, but he is homeless. As for Crispin– I would not bank on the reliability of this information –or his reactionary yellow media outlet [always keen to sow the seeds of intrigue]. PTP in fact have to measure each move and there are lots of inside moves we just dont know about. It is not that simple –as Nick#29 also suggests. Having a gun pointed at one’s head (in the case of PTP) is not fun and does not allow much room for creativity; then ultimately Yingluck has to be responsible for outcomes and at the same time brave enough to take the consequences (e.g. as in immediately rectifying the Rome Treaty).
I agree with Nick in this instance, watch the coming weeks: far-right/ reactionaries on the street again; coopted civil society working their damn best to undermine any sense of [red shirt] pro-democratic sentiments and unity, or GOVT integrity, etc. as happened when they were obstructed and misinformed in relation to the flooding. We are goin back to the mess leading up the 2006 coup– next move is to roll out the anti-citizen high level judges to “fix the problem” for the amaat…
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Vaclav Havel died and I read an in memoriam that quotes from his 1978 essay, “The Power of the Powerless”. It reminds me of the cold dead hand that seems to linger over Thailand these days:
“The manager of a fruit-and-vegetable shop places in his window, among the onions and carrots, the slogan: “Workers of the world, unite!” Why does he do it? What is he trying to communicate to the world? Is he genuinely enthusiastic about the idea of unity among the workers of the world? Is his enthusiasm so great that he feels an irrepressible impulse to acquaint the public with his ideals? Has he really given more than a moment’s thought to how such a unification might occur and what it would mean? ”
Follow the link to read it the rest:
http://history.hanover.edu/courses/excerpts/165havel.html
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#33 from the same essay…
“Because the regime is captive to its own lies, it must falsify everything. It falsifies the past. It falsifies the present, and it falsifies the future. It falsifies statistics. It pretends not to possess an omnipotent and unprincipled police apparatus. It pretends to respect human rights. It pretends to persecute no one. It pretends to fear nothing. It pretends to pretend nothing.
{10}Individuals need not believe all these mystifications, but they must behave as though they did, or they must at least tolerate them in silence, or get along well with those who work with them. For this reason, however, they must live within a lie. They need not accept the lie. It is enough for them to have accepted their life with it and in it. For by this very fact, individuals confirm the system, fulfill the system, make the system, are the system…”
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Constant Petit, straw man argument. A ‘country’ cannot practise Buddhism. Only an individual can do so, and you can hardly claim to know whether every individual in Thailand is Buddhist or not.
Furthermore, Thailand does not consider Buddhism or any other religion an official state religion. Four percent of Thais, for example, profess Islam and there are many Christians and Hindus as well. None of these, as a religion, is responsible for LM laws. Politicians – which in the case of Thailand means mafia, for me most part, are.
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Thanks Donatella.
Yes please do read : http://history.hanover.edu/courses/excerpts/165havel.html
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If you limit yourself to the perspective that Jim Taylor does in 32, and throughout, it makes a certain fatalistic sense. Go through life’s motions, try to appease the grim reaper, grimly accept death with righteousness.
But it seems to me that there is no hope in playing their game on their court. Literally on their court.
The only game changer that Yingluk has on her side is the power of the people. Publicly, explicitly defining exactly what she is up against before the people and asking for their help with a program of step-by-step resistance to the powers arrayed against the people and transformation of society and politics is her best bet, certainly the peoples’ best bet :
In for a penny, in for a pound. Dance with the ones who brought you to the ball.
The problem is that Yingluk’s own vision for Thailand may be more nearly that of the ‘elite’ than of the people.
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“Yingluck’s Government’s lese majeste…” #34, (PPT list) is interesting but if we read carefully it expresses an underlying caution about being too quick to lay blame. Some “hardcore”/ seasoned /red shirts regularly express their views each night on media such as Voice or DNN…etc. and two leaders said that they are not worried because the target is actually (and seemingly –paradoxically) yellow shirts, their short-wave media and public street-speak. This could be a tactic of Chalerm –who has also recently exposed who was behind the killing of Saedaeng last year (a group of Newin’s black-shirt special police who are working for the amaat from Isan centres; same mob at Pattaya Summit/Blue shirts). A number of red shirt activists suggest that the more we attack PTP right now the more it will benefit the amaat. Also, red shirt web sites have not been touched. So we must wait and see, at the same time exert continued and reasonable pressure on the government to carry out its mandate…
Something is surely going on beneath the surface.
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For as long as I know, Bhumibol’s wikipedia page has been blocked in Thailand. It is not anymore.
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Very impressed with Yingluck’s speech written by John Francis Lee and would love to see it in Thai.
When does she plan to deliver it?
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Josh Turnpike in post number 35 writes:
“Thailand does not consider Buddhism or any other religion an official state religion.”
True enough, and a good thing for any religion, spiritual practice or the like. None could ever be on equal footing with Thailand’s true religion. The world’s competing fairy tales – whether mono-, poly- or non-theistic – are in no way up to the mark when it comes to producing the kind of vacuous adoration and slack-jawed fealty that monarchism has proved so supremely adept.
Thailand’s mullahs of monarchy have the nation’s spiritual dimension well sorted and in fine fettle, thank you very much. Anything going on in those temples, mosques and churches is but a parlor game by comparison.
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Quote: “Thailand does not consider Buddhism or any other religion an official state religion.”
Unquote.
I would argue the opposite by offering, “Thailand does not officially recognize Buddhism as its official state religion, but has legislated that its head of State be Buddhist and that the people generally are inculcated with the concept that they are Buddhist, or taken care of by Buddhists, and of course, never mistreated by Buddhists. Thai Buddhists. Real Thai Buddhists. Real Thais who are Buddhist.”
That Thai state agencies have taken over official Buddhism is another non-sequencer.
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Ricky Ward at number 36
Thanks for the link to Havel. I never read anything by the man before. I followed your link, then tried to get the whole essay… but it’s dammed behind an academic impoundment. Googling delivered the full text, but with errors courtesy of OCR… I tried to fix ‘em up : The power of the powerless (pdf)
Substitute the Royalist slogan du jour for “Workers of the world, unite!”
I think Thailand fits into Havel’s taxonomy as a would-be totalitarian state trying to go post-totalitarian… from the ‘elite’ perspective.
From the redshirt perspective, suffering under Phuea Thai, it appears democratic… in need of turning the bend to post-democratic.
As are all Western democracies.
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