UN body questions junta’s legal process in lese majeste cases

The letter was issued on February 25 by the working group on arbitrary detention of the Office of the United Nations High Commissioner for Human Rights (OHCHR) and five special rapporteurs but has just been made publicly available on the office’s online database.

The letter said the 26 people, 15 of whom were tried in military courts, were accused of breaking the two laws because they “allegedly exercised their right to freedom of opinion and expression”.

The Criminal Code’s Article 112 regarding lese majeste outlaws defaming, insulting or threatening their Majesties, the royal heir or the regent. Offenders face three to 15 years in jail. 

The Computer Crime Act’s Article 14 prohibits online content that is judged to be seditious or damaging the Kingdom’s security. Offenders face up to five years in jail or a fine of up to Bt100,000 or both.

Notably, the two laws have been used simultaneously against the purveyors or distributors of online content deemed critical of the sovereign state or the royal institution or both.

The number of people charged under these laws has increased since the junta came to power in 2014, with people charged for acts such as sharing content on social media, exchanging messages in one-on-one online conversations, and even pressing the “Like” button on Facebook.

In the letter, the working group and the special rapporteurs also expressed “particular concern at the continued restrictions on multiple rights and fundamental guarantees”.

This includes the freedom of expression rights of political opponents in the Kingdom following the 2014 coup, it said.

Expressing “grave concern” over the trials before military courts, the OHCHR appealed to the military-installed government to take measures to guarantee the rights of people in detention so they were not deprived of their liberty and had fair proceedings before tribunals.

It is also extremely concerned about not releasing people on bail in lese majeste cases, including individuals who require special medical attention.

The OHCHR ended the letter by asking the government to provide additional information on and clarification of its concerns, stressing that it is ready to provide technical assistance. 

It also requested that the letter be shared with high-ranking junta figures including Prime Minister General Prayut Chan-o-cha and his deputy and Defence Minister, General Prawit Wongsuwan.

However, when asked about the letter, Government Deputy Spokesman Maj-General Wera-chon Sukondhapatipak said the administration had not heard about it. 

“But we always explain about the necessity to put individuals accused of violating the lese majeste law before military courts. They function totally like any other courts. It is just our rules concerning the current situation,” Werachon told The Nation.