Somyot’s case goes to the Constitutional Court

In the last day of Somyot’s trial yesterday his lawyers submit an appeal to the constitutional court claiming that the Lese Majeste law breaks the constitution of THailand. It is this case which will be processed first, postponing the verdict on Somyot’s particular case until September 19th 2012.

The campaign continues over the summer months, to support Somyot’s during his continued imprisonment and his fight for the constitution.

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Sweden’s biggest newspaper Dagens Nyheter covers the trial

Article in Swedish here

International campaigns for detained journalist

Beijing. Trials held in Thailand against journalists and internet companies accused of lèse majesté have led to several international campaigns to secure their release.
“Red Shirts” are being systematically treated as suspects and are being denied bail while waiting for their cases to come up. Among them is Somyot Prueksakasemsuk, a man who has spent 20 years fighting for better working conditions. He was also the editor-in-chief of the now banned magazine “Voice of Taksin”.
One year ago, he was arrested because his magazine published two articles that were deemed to fall within the scope of the lèse majesté law. He has remained in jail ever since. On Friday, he received the reply to his ninth application for bail.
“Unfortunately, the court once again rejected the application,” his wife Sukanya Prueksakasemsuk told DN. “We’re very disappointed. Also, Somyot has had a lot of difficulty in contacting his lawyer recently.”
The lèse majesté law has been used many times since the military coup of 2006, particularly by the former government of Prime Minister Abhisit Vejjajiva.
Even mild criticism of the monarchy in Thailand was branded as lèse majesté, for political reasons, the newspaper The Nation writes. But the present government of Yingluck Shinawatra has not done much to help those brought to court on charges of slandering King Bhumibol.
In all twelve of the cases brought since 2009 against supporters of the UDD, better known as the “Red Shirts”, bail has been refused, the human rights organisation Human Rights Watch points out. This is in contrast to the leaders of the other side in politically divided Thailand, who were released on bail on the same day as they were charged with high treason.
The Thai lèse majesté law is being overused and abused, Human Rights Watch says. “The manifestly unfair handling of lèse majesté cases is made even worse by the fact that the accused are not granted bail and are kept imprisoned for as long as it takes for their cases to come to court,” the organisation writes.
The trial of former editor-in-chief Somyot Prueksakasemsuk continues until 4 May. Among those protesting against his treatment are the International Federation of Journalists (IFJ) and several international trade union organisations.
Torbjörn Petersson

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Trade union protest Thailand

At 10am members of the Workers Organisation for Democracy gathered in front of the Bangkok Remand Prison demanding Bail for Somyot. Somyot has been detained at the Bangkok Remand Prison for one year and his Bail right’s been denied.

The workers went on to demonstrate at the Government House and submitted workers’ petition to the Prime Minister. This is the third petition to the PM.

The workers’ petition was submitted along with the 112 letters sent to Thai government by human rights and workers activists around the world calling for Somyot’s release.

Before leaving the Government House, the workers shouted “Free Somyot” and sang Solidarity song and Workers’ March to support Somyot.

Article 19 call for Somyot’s release

Article 19 has called for Somyot’s immediate release and submitted a brief to the Thai Criminal Court.

Press Release

STATEMENT
Thailand: Court should release journalist prosecuted under lèse majesté law

ARTICLE 19
30 Apr 2012
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This content is available in: Thai

ARTICLE 19 has submitted an amicus brief to a Bangkok criminal court in the case of Public Prosecutor, Office of the Attorney General v. Mr Somyot Pruksakasemsuk, arguing that the criminal prosecution of Mr Somyot Pruksakasemsuk under the Thai lèse-majesté law violates his right to freedom of expression. ARTICLE 19’s brief argues that the court should dismiss all charges against Mr Pruksakasemsuk and order his unconditional release from detention. In doing so, the court should recommend that all lèse-majesté provisions should be constitutionally reviewed by the Thai Constitutional Court and repealed by the Thai legislature.

This brief argues that laws on lèse-majesté violate the right to freedom of expression as they constitute an unnecessary and disproportionate measure to protect the reputation of members of the Thai royal family. It argues that the prosecution of anyone under these provisions, in particularly in matters of the public interest – such as in the case of Mr Pruksakasemsuk, whose prosecution followed soon after his collection of signatures to petition for parliamentary review and revocation of the lèse-majesté laws in Thailand – is a particularly serious attack on freedom of expression. In support of these arguments, ARTICLE 19 relies on the decisions and statements of international and regional courts and authorities – including the UN Human Rights Committee and the UN Special Rapporteur on Freedom of Opinion and Expression – specifically on laws of lèse-majesté, as well as on restrictions on freedom of expression to protect the reputation of public figures/officials more generally and in relation to “public interest” speech.

Thailand has witnessed an unprecedented spike in the number of lèse-majesté cases pursued by the police and courts in the past six years, and today the Bangkok criminal court will also issue a verdict against Ms Chiranuch Premchaiporn, the web-board manager of the online news portal Prachatai who was arrested on 6 March 2009 during a crackdown on online media. If Ms Premchaiporn is found guilty, she faces up to 20 years in prison.

In recent years, international intergovernmental and non-governmental organisations, including ARTICLE 19, have expressed concern about the Thai lèse-majesté laws, noting that they contain no exceptions, contain vague language and lack any guidance on arrests and prosecutions. They have been used to prosecute individuals for having defamed or insulted not only the individuals mentioned in the lèse-majesté provisions, but also extended family members of the King, the institution of monarchy and the royal anthem. The penalties envisaged under the lèse-majesté provisions are very harsh (i.e. a 3 to 15 year prison sentence) and greater than those contained in most criminal defamation laws. Furthermore, these lèse-majesté provisions are also particularly susceptible to political abuse and have had a particularly grave chilling effect on freedom of expression.

BACKGROUND

Mr Pruksakasemsuk, editor of the magazine “Voice of the Oppressed” (Voice of Taksin), was arrested and charged under Section 112 of the Thai Criminal Code on lèse-majesté on 30 April 2011. Today marks the one-year anniversary of his arrest and detention, as he has remained in pre-trial detention since that date despite eight bail requests. Mr Pruksakasemsuk is also a labour rights activist affiliated with the Democratic Alliance of the Trade Unions, and is known for both his active support of the empowerment of workers and of the right to freedom of association in Thailand and internationally. He is alleged to have allowed two articles that make negative references to the monarchy to be published in “Voice of the Oppressed”.

For press queries contact: communications@article19.org

For any questions about this brief contact: Sejal Parmar sejal@article19.org

Full Amicus Brief in English and ARTICLE19_LeseMajesteBrief_FINAL01052012 (Thai Translation)

Somyot’s defense starts 1st May

On the 1st May, labour day, Somyot will begin his defence. From 9am Somyot will give his testimony at the Criminal Court. There will follow four days of defense witness hearings with the last day of the trial on the 4th May. Somyot has been held on remand for one year and one day and has been denied bail nine times.

Show your support by going online to submit your letter of protest through the Labourstart ACT NOW campaign here