VZCZCXRO8140
OO RUEHCHI RUEHDT RUEHHM
DE RUEHBK #3154/01 1580841
ZNR UUUUU ZZH
O 070841Z JUN 07
FM AMEMBASSY BANGKOK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7449
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY
RUEHBJ/AMEMBASSY BEIJING PRIORITY 4325
RUEHSW/AMEMBASSY BERN PRIORITY 1233
RUEHBY/AMEMBASSY CANBERRA PRIORITY 7228
RUEHUL/AMEMBASSY SEOUL PRIORITY 3199
RUEHKO/AMEMBASSY TOKYO PRIORITY 9352
RUEHWL/AMEMBASSY WELLINGTON PRIORITY 1763
RUEKJCS/SECDEF WASHINGTON DC PRIORITY
RHHMUNA/USCINCPAC HONOLULU HI PRIORITY
RUEAIIA/CIA WASHINGTON DC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RHEFDIA/DIA WASHDC PRIORITY

UNCLAS SECTION 01 OF 02 BANGKOK 003154 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM CASC TH
SUBJECT: SWISS OFFER LESE MAJESTE SURVIVAL GUIDE 
 
REF: BANGKOK 2074 (THAILAND VS. YOUTUBE) 
 
SUMMARY 
------- 
 
¶1. (SBU) The recent arrest and subsequent pardon of a Swiss 
national accused of offending Thailand's revered King 
Bhumipol Adulyadej -- a serious crime in a country where the 
monarch wields great moral authority -- provided a rare 
window into the reaction of the palace to incidents of lese 
majeste.  Swiss officials in Thailand believe their 
restrained response to the arrest, in spite of their public's 
demand for strong action, contributed to the 
sooner-than-expected release of their citizen.  The Swiss 
experience with Thailand's lese majeste laws informs a 
possible USG response should an AmCit be charged with lese 
majeste in the future.  The recent decision to drop similar 
charges against former Prime Minister Thaksin Shinawatra 
indicates that the palace is sensitive to the possible abuse 
of lese majeste laws to achieve political ends.  End Summary. 
 
FRIENDS DON'T LET FRIENDS SPRAY-PAINT DRUNK 
------------------------------------------- 
 
¶2. (U) On March 30, 57-year old Swiss national Oliver Jufer 
was sentenced to ten years imprisonment after being convicted 
on lese majeste charges.  Surveillance cameras caught him 
spraying black paint over five outdoor posters of King 
Bhumipol Adulyadej on December 5, 2006 (the King's birthday) 
in the northern city of Chiang Mai.  Jufer admitted to being 
drunk at the time and was reportedly angry that new laws 
limiting the times when alcohol can be sold prevented him 
from buying beer.  The King pardoned Jufer on April 12, and 
he was subsequently expelled from the country. 
 
¶3. (U) In Thailand the crime of lese majeste -- committing an 
offense against the dignity of the monarchy -- carries a 
possible sentence of 15-years imprisonment per offense. 
Jufer had faced a sentence of 75 years on 5 counts of lese 
majeste, but the judge reduced his sentence to 10 years as 
Jufer had confessed to the crime.  Sentences for lese majeste 
are typically hortatory in nature and offenders are normally 
pardoned by the king.  Nevertheless, as evidenced by the 
recent ban of the popular web site YouTube (see reftel), the 
overwhelming popularity of the Thai sovereign compels the 
authorities to act should someone publicly slight the King or 
his family. 
 
RAPID ROYAL PARDON SHOCKED THE SWISS 
------------------------------------ 
 
¶4. (SBU) According to Swiss Embassy Minister Jacques Lauer, 
who helped coordinate the Swiss response to Jufer's arrest, 
the Swiss government was surprised by how rapidly the King 
pardoned Jufer -- a mere 13 days following his conviction and 
before Jufer had even filed an appeal or requested a royal 
pardon.  Lauer indicated they had expected the King would 
follow tradition and wait until his 80th birthday, eight 
months later, to pardon Jufer and others accused of lese 
majeste.  Lauer noted that Thai prison officials provided 
Swiss consular officials full access to Jufer. 
 
IN CASE OF EMERGENCY, KEEP QUIET 
-------------------------------- 
 
¶5. (SBU) Minister Lauer credited Jufer's speedy pardon to a 
Swiss decision to not antagonize Thai officials by making 
public comments, an action that may have provoked a backlash 
due to the public adoration of the King.  Lauer claimed that 
intense international media attention and the public clamor 
in Switzerland for Jufer's release made it difficult to 
balance the need to avoid offending their Thai interlocutors 
while appearing proactive in the eyes of the Swiss public. 
While historically relatively few foreigners have been 
accused of lese majeste, Lauer cautioned that should an AmCit 
be detained for lese majeste charges, any public criticism or 
appeals by USG officials would be tantamount to "throwing oil 
on the fire". 
 
LESE MAJESTE AS A POLITICAL TOOL 
 
BANGKOK 00003154  002 OF 002 
 
 
-------------------------------- 
 
¶6. (SBU) An accusation of lese majeste has proven to be a 
formidable weapon in the Thai political arsenal.  The leaders 
of Thailand's September 2006 coup partially justified their 
putsch by claiming deposed Prime Minister Thaksin Shinawatra 
had defamed the monarchy.  The public prosecutor dropped lese 
majeste charges against Thaksin only one day prior to the 
King's pardon of Jufer.  Whether the two incidents are 
related remains unclear, but it is possible the palace does 
not want charges of lese majeste to become either a political 
tool or an irritant to bilateral relations with other 
nations.  The King's preexisting public statement that he 
will pardon anyone convicted of lese majeste and the 
sooner-than-expected release of Jufer seem to indicate that 
the palace is uncomfortable with the strict application of 
lese majeste laws. 
 
COMMENT 
------- 
 
¶7. (SBU) While the palace enjoys great moral authority in 
Thailand and the King is the subject of near universal 
adulation, palace officials seem reluctant to let lese 
majeste be used as a tool to punish those who are accused of 
defaming the monarch.  The palace appears quite sensitive to 
the possibility that lese majeste could be abused by 
non-palace actors to achieve their own ends.  If an AmCit 
were to be charged with lese majeste, it is likely that a low 
key approach outside the public eye would stand the best 
chance of success in getting him or her out of custody and 
out of Thailand. 
BOYCE