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C O N F I D E N T I A L SECTION 01 OF 03 BANGKOK 003398 
 
SIPDIS 
 
STATE FOR EAP, DRL, IO; NSC FOR PHU 
 
E.O. 12958: DECL: 11/11/2018 
TAGS: PHUM PGOV KPAO KJUS TH
SUBJECT: UPDATE ON LESE MAJESTE CASES IN THAILAND 
 
REF: A. BANGKOK 3374 (THAI WEBSITES) 
     ¶B. BANGKOK 3350 (QUESTIONING THE UNQUESTIONABLE) 
     ¶C. BANGKOK 1662 (LESE MAJESTE ACCUSATIONS) 
 
BANGKOK 00003398  001.2 OF 003 
 
 
Classified By: Deputy Chief of Mission James F. Entwistle, Reason 1.4 ( 
B, D) 
 
SUMMARY AND COMMENT 
------------------- 
 
¶1. (C) Thailand enjoys a relatively robust media environment, 
lively, open criticism of those in power, and general freedom 
of expression, with a significant exception: the criminal 
offense of lese majeste, or offense to the monarchy.  Long on 
the Thai books but not always vigorously pursued, a seemingly 
higher number of lese majeste cases are currently open, 
mainly against Thai political activists, but also against 
several foreigners as well.  For example, a well-known social 
critic was arrested on November 6 for remarks made in 2007 
about the monarchy.  The denial of bail for two detained 
United Front of Democracy Against Dictatorship (UDD) figures 
who allegedly committed lese majeste reportedly caused 
several other activists to leave Thailand out of concern 
they, too, might be arrested.  This cable is the third of 
three reports examining lese majeste; the first two (refs 
A-B) looked at a recent surge in criticism of the monarchy, 
particularly on the internet about the Queen, and the 
reaction of Thai officials. 
 
¶2. (C) Comment:  King Bhumibol has said publicly that he will 
pardon anyone convicted of lese majeste.  However, those who 
are accused of the offense can be subject to lengthy and 
highly ambiguous procedures, and the authorities do not apply 
standards consistently.  While the remarks that lead to lese 
majeste charges are often not made public (any further 
dissemination of offensive remarks can constitute a crime), 
the local media has publicized arrests for lese majeste, and 
this publicity helps to deter open debate about the monarchy 
and its role in society.  End Summary and Comment. 
 
Lese Majeste - a tool for whom? 
------------------------------- 
 
¶3. (SBU) Thailand enjoys a relatively robust, open and lively 
media environment, with a significant exception being the use 
of ""lese majeste"" laws against any statement deemed critical 
of the monarchy.  Because Thai lese majeste law allows any 
party to file complaints, not just the institution of the 
monarchy itself or the police, those suspected of or charged 
with the offense vary widely in standing and perceived 
intent.  Many of those currently facing lese majeste 
accusations are players in the ongoing political drama, with 
the anti-government People's Alliance for Democracy (PAD) and 
UDD accusing each other of offense to the monarchy.  Lese 
majeste complaints are an effective way to enmesh a political 
opponent in extended litigation.  Others who are accused are 
social activists, and some are unsuspecting foreigners. 
According to Embassy research, in consultation with UDD 
leaders and NGO contacts, the status of lese majeste cases 
against figures associated with the UDD and PAD is as follows. 
 
UDD Members: 
 
- Co-leader Jakrapob Penkair: surrendered to police on June 
12 due to lese majeste charges filed based on a speech given 
at the Foreign Correspondents Club of Thailand (FCCT) in 
August 2007.  The speech condemned the Thai patronage system, 
which traditionally benefits the monarchy, but did not 
contain any insult to living members of the royal family. 
Released on bail; case resides with the OAG. 
 
- Co-leader Wira Musikaphong: surrendered to police on August 
16 following the issuance of an arrest warrant on August 15 
due to an alleged anti-monarchy speech at a UDD rally at 
Sanam Luang in May 2007.  Released on bail; case under 
investigation with the Metropolitan Police Department. 
 
- Chanwit Chariyanukun: arrested in November 2007 for 
distributing anti-monarchy leaflets; detained for seven days 
 
BANGKOK 00003398  002.2 OF 003 
 
 
before police granted bail at $5,900 (200,000 Baht). 
 
- Daranee Choengchansinlapakun: remains in detention after 
being arrested on July 22 for alleged statements critical of 
the monarchy at a July 18 and 19 rally at Sanam Luang; bail 
denied.  See ref B for more detail concerning her case. 
 
- Bunyuen Prasoetying: remains in detention after being 
arrested on August 15 for allegedly criticizing the Crown 
Prince at a UDD rally at Sanam Luang on August 6; bail denied. 
 
- Chuchip Chiwasut: arrest warrant issued on August 21 due to 
allegedly critical remarks about the monarchy and the royal 
family on his community radio program and website; reportedly 
fled to China. 
 
- Suchat Nakbangsai: arrest warrant issued on October 17 due 
to alleged criticism of the monarchy at a UDD rally at Sanam 
Luang on October 14; reportedly fled to a neighboring country. 
 
PAD Members: 
 
- Co-leader Somkiat Phongphaibun; surrendered to police on 
July 16 in response to an arrest warrant issued the same day 
due to alleged anti-monarchy remarks about a school supported 
by the King at a PAD rally on June 29; bail granted.  (See 
ref C.) 
 
- Co-leader Sondhi Limthongkul; surrendered to police on July 
24 in response to an arrest warrant issued on July 23 based 
on repeating the remarks of UDD figure Daranee (above) at a 
PAD rally.  Previously charged with lese majeste in April and 
May 2006 due to speeches at PAD rallies; bail granted in both 
cases.  (See ref C.) 
 
Where Are They Now? Updating previously reported cases 
--------------------------------------------- --------- 
 
¶4. (C) The lese majeste cases of activist Chotisak Ongsoong 
and his girlfriend, Songkran Pongbunjan, charged with not 
standing for the King's Anthem, remain with the OAG, pending 
a November 20 decision by the public prosecutor on whether or 
not to forward the cases for court proceedings.  Chotisak and 
Songkran told us on November 14 they are not required to 
report to the OAG since the police ""temporarily"" released 
them without seeking any bail.  However, they will need to 
post bail if the case moves to court. 
 
¶5. (C) Same Sky Magazine editor Thanapol Eawsakul told us on 
November 14 that his lese majeste case, which involved an 
article by noted social critic Sulak Siwlak (ref C, see 
below) remained with the OAG, and he continued to make 
bi-monthly visits to appear at the OAG to sign a form. 
Thanapol could not account for the different treatment 
between his case and that of Chotisak.  He suspected that his 
case would linger with the OAG without any clear conclusion. 
He explained that a verdict either way in either case could 
mount increased public opposition and challenges to the 
monarchy. 
 
¶6. (C) An investigation is ongoing into the lese majeste 
accusations against former Royal Thai Police Chief Seripisut 
Temiyavet (ref C) who was charged after he made rude 
statements when asked about his absence from a royal 
ceremony.  The Civil Servant Commission told us on November 
14 that a committee was formed to investigate Seriphisut's 
alleged offense.  The official declined to release any 
information on the status of the investigation due to the 
""sensitive and confidential"" nature of the issue. 
 
¶7. (C) BBC reporter Jonathan Head (protect) told us on 
November 3 that the police decided not to investigate further 
the lese majeste charges against him in conjunction with the 
August 2007 FCCT panel discussion he hosted, but will ask him 
to testify against UDD co-leader Jakrapob regarding the 
latter's speech at the event.  Head added that ""the way these 
cases are dealt with completely baffles me - the line of 
investigation taken by the police, and the line of defense by 
our lawyers, is bizarre."" 
 
BANGKOK 00003398  003.2 OF 003 
 
 
 
¶8. (SBU) Australian author and long-time Thailand resident 
Harry Nicolaides remains in prison, after being arrested at 
the airport on August 31, due to lese majeste charges over a 
paragraph in his 2005 novel Verisimilitude that commented on 
the Crown Prince's sexual behavior.  The Bangkok Criminal 
Court refused Nicolaides bail on September 2 on the grounds 
that he presented a flight risk and the serious nature of his 
offense.  Media reports indicated that only 50 copies of the 
book were printed, and under ten copies sold. 
 
Sulak: Seventh Time's the Charm? 
-------------------------------- 
 
¶9. (SBU) Khon Kaen province police apprehended Buddhist 
scholar and social critic Sulak Siwalak (ref C) at his home 
in Bangkok on November 6, based on remarks delivered to Khon 
Kaen University students in December 2007.  The police drove 
him five hours away to a Khon Kaen province police station to 
file lese majeste charges.  Police released Sulak on bail, 
and he departed for England on November 7 for previously 
scheduled travel, with plans to return to Thailand at the end 
of the month.  Since Sulak's departure, he published an 
opinion piece in the Bangkok Post about his ordeal, painting 
his arrest as a political move by the pro-Thaksin government 
and reaffirming his positive past ties with various members 
of the royal family.  Sulak must report to the Khon Kaen 
province police each month until the public prosecutor 
decides whether to forward the case to the Office of Attorney 
General (OAG). 
 
¶10. (C) Sulak's lawyer, Somchai Homla-or, told us on November 
13 that Sulak had been accused, charged, arrested, and/or 
prosecuted regarding lese majeste offenses multiple times, 
starting in 1967, and again in 1984, 1991, 1996, 2005, 2007, 
and 2008.  Somchai said that Sulak has always escaped 
conviction; the charges are inevitably dismissed by either 
the police, the public prosecutors, or the courts.

JOHN