In a couple of recent posts, PPT has emphasized the lawless or rule-by-law nature of the military dictatorship. Under this regime, rule-by-law is essentially lawlessness as the junta can make everything it does legal, while using law to repress and oppress all of its opponents, be they red shirts, “politicians,” grannies, kids or activists.
Lese majeste has been one important law used against political opponents and the prince-cum-king’s personal acquaintances, minions and consorts who fall out of favor. The threat of lese majeste, interpreted in ways that are not even covered by the law, threatens and silences many.
The junta uses Article 44 dozens of times to make illegal actions legal or to ride roughshod over law and procedure. Having come to power illegally through a military coup, later made “legal,” the junta uses law when it suits it, but makes law up as it feels fit. In other words, it behaves lawlessly but makes that lawlessness “legal” through “special” decrees.
The judiciary is complicit in both the manipulation of lese majeste and the making legal the junta’s lawlessness. Since the late king’s infamous intervention in 2006, the judiciary has been more highly politicized, with movement to judicialization, marking itself out as a royalist court that “interprets” law for the political advantage of royalists and its class.
The most recent example of the judiciary’s view of itself as “above” the hoi polloi is its use of “contempt of court” allegations and charges against anyone daring to question or criticize a court or judges. This is a ploy used by various courts in recent years, always in political cases.
In Khon Kaen, the Provincial Court is going after student activists.
This court, doing the junta’s work, has repeatedly refused bail for Jatuphat (Pai) Boonpattaraksa, the sole person accused of lese majeste for sharing a BBC Thai nes story on the new king. More than 2,000 others did the same thing and are not targeted. Jatuphat is charged and jailed simply because he is an anti-junta activist.
The director of the Provincial Court’s Prosecutor’s Office has accused several supporters of Jatuphat with “contempt of court for participating in a peaceful gathering to demand for … [Pai]’s release.”
In a junta pattern, the charges are targeted on activists considered leaders. The junta wants to threaten all by targeting leaders. The junta wants to decapitate opposition groups. The judiciary supports the junta’s work.
The activists are:
Phayu Bunsophon, Chatmongkon Janchiewcharn and a female student activist (who does not want to reveal her identity), the three law students of Khon Kaen University who are members of Dao Din group, and Narongrit Upachan, a political science student from the same university who is a member of NGC.
The court will hold a hearing on the case on 24 April 2017, essentially considering its own evidence. Whatever the outcome, the court, complicit with the junta, is seeking to threaten and silence.