BANGKOK — It has become almost routine in Thailand for judges to hand down jail sentences to those convicted of offending the country’s king. But an unusual ruling issued on Thursday appears to considerably broaden the interpretation of Thailand’s already restrictive lese majesté law.
In sentencing a former protest leader to two years in prison, a court ruled that the defendant was liable not only for what he said, but for what he left unsaid.
The criminal court’s ruling said the defendant, Yossawarit Chuklom, had not specifically mentioned the king when he gave a speech in 2010 to a large group of people who were protesting a military-backed government of the time.
But by making a gesture of being muzzled -- placing his hands over his mouth -- Mr. Yossawarit had insinuated that he was talking about the king.
“Even though the defendant did not identify his Majesty the King directly,” the court ruled, Mr. Yossawarit’s speech “cannot be interpreted any other way.”
Thailand’s lese majesté law, one of the world’s most restrictive, has been invoked frequently as King Bhumibol Adulyadej, 85, enters his twilight years.
In recent years, dozens of people have been convicted for insulting the king and his family. Among the cases were a Swiss man sentenced to 10 years in prison in 2007 for defacing posters of the king; a naturalized American citizen convicted in 2011 for translating a banned biography of the king that asserted that he has been more involved in politics than his generally recognized in Thailand; and a Thai truck driver who received a 20-year prison term for sending explicit text messages that insulted the king and queen.
The judgment on Thursday appears to have been the first time that someone was convicted for implying an insult, said the defendant’s lawyer, Thamrong Lakdaen.
“There was no mention of the king’s name in the speech,” Mr. Thamrong said. “It’s all interpretation.”
Mr. Thamrong said the court used “speculation” to convict his client.
Thai law calls for prison sentences of up to 15 years for “insulting, defaming or threatening” three members of the royal family: the king, the queen and the crown prince.
Mr. Yossawarit, the defendant, is currently an adviser to the Commerce Ministry. In 2010, he was a leading member of the “red shirt” movement that was seeking the dissolution of the government of Prime Minister Abhisit Vejjajiva.
Mr. Yossawarit told a crowd of protesters in March 2010 that there were a number of people who opposed the dissolution of the government. He named the military and the head of the privy council, Prem Tinsulandonda, among others.
But there were also someone else, he said, placed his hands over his mouth. “I am not brave enough to say it. But I know what are you thinking right now,” he told the crowed. “So I will keep my mouth shut.”
The court ruled that it was obvious whom Mr. Yossawarit was talking about. During the trial Thai citizens with no apparent connection to the case were called to the stand and asked to whom they thought Mr. Yossawarit was referring. All of the witnesses said the king.
Mr. Yossawarit initially pled guilty to the charges – a common tactic by those seeking a royal pardon. But he changed his plea and contested the case. He plans to appeal Thursday’s verdict, his lawyer said.
The government has established a special unit that monitors the internet for royal insults. The official censors went as far as to recently block access to the webpage that reproduced the text of the historical document that ended the absolute monarchy in the country in 1932.
The king has suffered from a number of illnesses not completely explained by the palace and has been residing in a special suite of a Bangkok hospital since September 2009.
In Thailand, a Broader Definition of Insulting Royalty
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In Thailand, a Broader Definition of Insulting Royalty
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In Thailand, a Broader Definition of Insulting Royalty
