EDITORIAL : THE BANGKOK POST, THAILAND

 

A surge in lese majeste cases

Unless there is yet another postponement, the Criminal Court is due to rule today on whether or not bail granted to 9 co-leaders of the United Front for Democracy against Dictatorship should be revoked, as requested by the Department of Special Investigation through the public prosecutor.

The DSI has accused the 9 red shirt co-leaders - among them Jatuporn Promphan, Natthawut Saikua, Weng Tojirakarn, Veerakarn Musikhapong and Kwanchai Praipana - of making remarks deemed insulting to the monarchy during the April 10 rally staged in Bangkok by the UDD. The alleged lese majeste offences were said to be in violation of bail conditions.

The decision will depend on the discretion of the sitting judges and the credibility of the evidence presented by the two opposing parties - the DSI and the 9 UDD co-leaders. The UDD leaders are already facing charges of lese majeste and sedition in connection with their role in the bloody protests in March-May last year.

But since the timing of the ruling - if it is actually delivered - coincides with the onset of election fever after the dissolution of the House and the fact that several of the accused are to contest the election under the banner of the Pheu Thai Party, the court may have to exercise extraordinary caution in making a judgement, which must be seen as unbiased and just by the two parties concerned, the public in general and especially the red-shirt followers. If that is the case - as indeed it should be - the ruling must be accepted and respected.

By chance, another lese majeste case has re-emerged in the public spotlight. Thammasat University's history professor Somsak Jeamteerasakul reported himself to Nang Loeng police yesterday morning to hear details of a lese majeste charge lodged against him by the army, in connection with remarks made by the prominent professor during a panel discussion at Thammasat University on Dec 10 last year.

The army has accused Mr Somsak of advocating the replacement of the monarchical institution - an accusation steadfastly denied by the professor.

Mr Somsak, however, admitted that he honestly believed that the revered institution should be "adjusted", which he believes would be of benefit to the institution itself. He also said that he would not run away and would fight the case in court. His supporters ask why the army has only now decided to take legal action against the professor, when he has been openly advocating his constructive opinions about the monarchy in his speeches and writings within the framework of academic freedom for quite some time?

By chance or by design, the two separate lese majeste cases - one pending in court and the other still being processed by the police - do not bode well for the current political atmosphere as the country gears up for a general election set for July 3. It will also paint the country in a bad light.

Besides these two prominent lese majeste cases, there are many more similar cases still pending with the court, the public prosecution or the police. The surge in lese majeste cases in recent years has caused alarm among local and international human rights groups and free expression advocacy groups, who fear the offence has been misused as a tool by some elements to silence or intimidate their political rivals. These are clear violations of the people's rights to freedom of expression. With an election around the corner, it becomes even more important for the free flow of information and for critical voices to be heard.