Thai activists risk death to protest the crime of criticising the royal family

Smeared with red paint, Tantawan "Tawan" Tuatulanon and Orawan "Bam" Phuphong, two young Thai pro-democracy activists aged 21 and 23, appeared in Bangkok's criminal court on January 16 to ask a judge to revoke their bail. This move was in solidarity with other activists who are imprisoned and awaiting trial for the crime of lèse-majesté.

The two were charged with the same offence in February 2022 after organising an "opinion poll" about the monarchy in a busy Bangkok shopping mall.

On January 18, the two began a dry hunger strike, abstaining from food and water. They have been hospitalised and are currently in critical condition, according to their lawyer, but refusing medical care.

Since then, signs of solidarity with the imprisoned pro-democracy activists have multiplied around Thailand and on social media. Concerts, rallies and graffiti express support for their cause. 

Since 2020, Thailand's youth have held protests against Thailand's authoritarian government and monarchy. This time around, students have taken to the streets dressed as prisoners, covering their faces and chaining up their hands and feet. 

'They are determined to go all the way'

Kunthika Nutcharut is a lawyer. She is a member of Thai Lawyers for Human Rights (TLHR) and defends the two young activists.

I went to the hospital yesterday [January 25] and Tawan’s condition was alarming. She is refusing to take the treatments and is starting to run out of potassium, which will affect the functioning of her heart. But when they learned that their appeal to the government continues to be ignored, they decided to continue their fast. They are determined to go all the way. 

 

Their main demand is that those in prison [on remand awaiting trial] be released unconditionally. Many people in pre-trial detention are released with conditions and are then denied the right to demonstrate or express their opinion. And a Facebook post is enough to send them back to prison.

The NGO Human Rights Watch called on the Thai authorities on January 20 to release those in pre-trial detention and to respect the International Covenant on Civil and Political Rights (ICCPR), ratified by Thailand. The ICCPR's Article 9 states: "It shall not be the general rule that persons awaiting trial shall be detained in custody."

Among the main demands of the two young activists is the abolition of Article 112 of the Thai penal code, which criminalises "defamation and insults against the royal family", in other words, "lèse-majesté". Thailand has one of the toughest jurisdictions in the world in this area, with penalties ranging from 3 to 15 years in prison.

'This law forbids people to have a free opinion'

This law allows the regime to completely muzzle democratic opposition, our Observer says:

The possibility of punishing so severely the insult to the king, the queen or his family is extremely problematic [from a human rights perspective]. This law forbids people to have a free opinion.

This law is also very ambiguous: Thai jurisprudence has qualified several acts of “lèse-majesté” in a rather broad way. This could be, for example, sarcastic comments online about the king, or dressing in a certain way.

For example, I once followed the case of a young woman who was prosecuted for wearing a traditional Thai dress [Editor's note: at a pro-democracy fashion show in Bangkok in 2020]. A photo of them went viral and the court considered that the dress resembled the queen’s; she was found guilty of defaming the queen under Article 112.

Thailand has been enforcing Article 112 more often since the 2020 protests against the monarchy and the military leader Prayut Chan-o-cha, who became prime minister with the king's support after leading a coup in 2014.

At least 200 people have been charged with lèse-majesté since then, according to Human Rights Watch. In January 2021, a pro-democracy activist received a record 87 years in prison, for 29 lèse-majesté offences.

Our Observer also points to Article 116 of the Thai Criminal Code, which punishes "incitement to violate the constitution" with up to seven years in prison. The law is regularly used instead of or in addition to the offence of lèse-majesté to silence opponents.