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A year after taboo broken, 103 face jail for insult
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n the year since making an unprecedented, taboo-breaking speech openly calling for discussion on the role of Thailand’s powerful king, human rights lawyer Arnon Nampa has spent months in jail, charged with the crime of defaming the monarchy.
He is one of 103 people from Thailand’s youth-led antigovernment protests now charged with insulting or threatening King Maha Vajiralongkorn or his immediate family, a crime punishable by up to 15 years’ imprisonment. Hundreds more face other criminal charges.
Arnon, 36, says he has no regrets and vows the prosecutions will not crush the antigovernment movement, which in recent weeks has been building again.
“I think it has been worthwhile. Now the society can move forward and people can talk about the monarchy,” Arnon told Reuters in an interview while awaiting trial.
He denies any wrongdoing.
The king has traditionally been portrayed as above reproach in conservative Thai culture, and any criticism of the monarch — whom some have viewed as semidivine — is taboo as well as illegal.
Arnon, however, says talking openly about the monarchy is necessary in the push for democratic reform and the ouster of Prime Minister Prayut Chan-o-cha, who first came to power in a 2014 coup and has long associated himself with loyalty to the king.
Government spokesman Anucha Burapachaisri on Monday defended the criminal cases against protesters.
“Sometimes the protests were not peaceful [...] when there is violence the police must maintain peace,” Anucha said.
The palace has said it will not respond to questions on the protests. Prayut’s office says he retained power in free and fair elections in 2019.
The antigovernment movement was already building last year when Arnon’s late-night speech at an Aug. 3 Harry Potter-themed protest helped electrify it.
For months afterward, thousands poured onto the streets, at times clashing with the police.
Familiar legal tactic
Since last year, 695 protesters have been charged with crimes including sedition and causing unrest. Among those 103 are charged with lèse majesté, according to Thai Lawyers for Human Rights.
Analyst Titipol Phakdeewanich says Thailand’s military-royalist establishment has for decades used royal insult laws to silence critics.
“The government is using its old legal tactic, which has been partially effective in creating fear that has prevented more people from coming out publicly to talk about the monarchy,” said Titipol, dean of political science at Ubon Ratchathani University.
“But there are some people that do not care,” he said.
Arnon, an adviser to the youth movement, faces 12 separate lèse majesté cases and spent 113 days imprisoned before being released on bail in June.
Deputy police spokesman Kissana Phathanacharoen denied cases against protesters are politically motivated.
The protests slowed earlier this year after key leaders were jailed and a severe outbreak of COVID-19 drove many inside. But in recent weeks, demonstrations have again been building. This time, it is not only youth protesters.
In late June, some of the government’s former allies took to the streets demanding Prayut’s resignation over his handling of the worst COVID-19 outbreak to date.
Arnon said the youth movement will continue its fight.
“If this was a football game, we are far from the final whistle,” Arnon said.
Meanwhile, AFP reported that 110 protesters have been charged under lèse majesté laws for their role in the movement, which called for Prayut to step down, a rewrite to the military-scripted constitution, and for royal reforms and at their peak drew tens of thousands to the streets.
Prominent leader Parit Chiwarak — better known as “Penguin” — holds the record of some 20 charges, while at least eight other protesters — all under 18 — are also facing charges.
If found guilty, they face sentences of three to 15 years in jail per charge.
“It is a severe law. Punishment [for royal defamation] could be made, but it has to be reasonable,” said lawyer Krisadang Nutcharut, who represents the protesters and has a history of taking on lèse majesté cases.
“There are changes occurring. The youth who grew up in the digital world seem to refuse thoughts and principles that are not scientific-based,” he added.
“This is a testament that Section 112 is not compatible with the modern world.”
Section 112 refers to the section number in the penal code which protects the ultrapowerful Thai royal family from defamation.
