Writer jailed for alleged Thai monarchy insult

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Writer jailed for alleged Thai monarchy insult

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Writer jailed for alleged Thai royal insult
Court says passages in Australian's novel suggested 'abuse of royal power'
The Associated Press
updated 3:48 a.m. CT, Mon., Jan. 19, 2009
BANGKOK, Thailand - An Australian writer was sentenced Monday to three years in prison for insulting Thailand's royal family in his novel, a rare conviction of a foreigner amid a crackdown on people and Web sites deemed critical of the monarchy.

Bangkok's Criminal Court sentenced Harry Nicolaides to six years behind bars but reduced the term because he had entered a guilty plea, the judge said.

Nicolaides, a 41-year-old from Melbourne, was charged with insulting Thailand's King Bhumibol Adulyadej and the crown prince in his 2005 book "Verisimilitude."

Passages in the book "suggested that there was abuse of royal power," the presiding judge told the court.

"I would like to apologize. This can't be real. It feels like a bad dream," a tearful Nicolaides told reporters before the verdict was announced. He said he had "unqualified respect for the king of Thailand" and had not intended to insult him.

Thailand is a constitutional monarchy but has severe lese majeste laws, mandating a jail term of three to 15 years for "whoever defames, insults or threatens the king, the queen, the heir to the throne or the Regent."

Public discussion of the monarchy's role was once taboo in Thailand, but has become more common amid growing concern about the eventual successor to the 81-year-old king, the world's longest-serving monarch. Bhumibol has no major official role in politics but commands immense respect from most Thais and is credited as being the nation's unifying force in times of crisis.

Spate of complaints, prosecutions
Nicolaides' case comes amid a recent spate of lese majeste complaints and prosecutions, and increased censorship of Web sites allegedly critical of the Thai monarchy.

Nicolaides was arrested Aug. 31 at Bangkok's international airport as he was about to board a flight home, apparently unaware of a March arrest warrant issued in connection with his novel, according to rights groups. He was indicted in November and denied bail.

Nicolaides lived in Thailand from 2003 to 2005 and taught in the northern Thai city of Chiang Rai. He has described his novel as a commentary on political and social life of contemporary Thailand.

'Unspeakable suffering'
"Tell my family I am very concerned," he told reporters. He said he endured "unspeakable suffering" during his pretrial detention but did not elaborate.

Reporters Without Borders has called on authorities to drop the charges against the Australian, saying "his novel never intended to threaten or defame the royal family."

The severity of Thailand's lese majeste laws was highlighted last year when a Swiss man, apparently acting in a drunken frenzy, was found guilty and given a 10-year prison sentence for defacing images of the revered monarch. It was the first conviction of a foreigner for lese majeste in at least a decade. The man was pardoned by the king after serving about a month behind bars.

New Prime Minister Abhisit Vejjajiva said last week his government would try to ensure the law is not abused. But he said the monarchy must be protected because it has "immense benefits to the country as a stabilizing force."
My mind is still boggling. I can, after a fashion, understand someone being punished for insulting the monarchy, even if I think it's assinine. Perhaps a fine or community service, but 6 years reduced to 3 years for pleading guilty? I can't even begin to imagine what it's like to lose that much of my life to prison, but to lose that time for this?

What are the odds that the king will come along and actually release the guy like with the Swiss gentleman mentioned in the article?

That said, since I have absolutely no interest whatsoever in traveling to Thailand I can say, without reservation, that the government and monarchy of Thailand is apparently populated by gigantic douchebags.
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Re: Writer jailed for alleged Thai monarchy insult

Post by Admiral Valdemar »

But Thailand's zero tolerance, harsh laws make it so safe! Don't you want safety?
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Re: Writer jailed for alleged Thai monarchy insult

Post by General Zod »

I wonder if the King of Thailand is aware of the irony of jailing somebody for a number of years for having the audacity to suggest that the king in question might be abusing their power.
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Re: Writer jailed for alleged Thai monarchy insult

Post by Admiral Valdemar »

I guess it isn't only Americans who don't do irony then.
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Re: Writer jailed for alleged Thai monarchy insult

Post by The Duchess of Zeon »

Actually, considering that the Swiss guy similarly charged a few years ago was pardoned by the King, I suspect the same thing will happen here, and it's actually very clever. The King's image as a generous and loving monarch is only enhanced, after all, when people charged of insulting him are pardoned by him.
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Re: Writer jailed for alleged Thai monarchy insult

Post by Gil Hamilton »

The Duchess of Zeon wrote:Actually, considering that the Swiss guy similarly charged a few years ago was pardoned by the King, I suspect the same thing will happen here, and it's actually very clever. The King's image as a generous and loving monarch is only enhanced, after all, when people charged of insulting him are pardoned by him.
In the interim, this guy is getting sent to a Thai prison (which I'm lead to believe are about as pleasant as any other SEAsia prison), for writing something that might has suggests an abuse of power by the monarchy... just to make the monarchy look good by letting him go? That's not clever, that's bonkers. Anyone can see that doing that doesn't prove the image of a kind and just monarch, but one who indulges in the abuse of power that they've made illegal to talk about. Only a pointhead would go "Wow, the monarchy is letting that guy go for something they arbitrarily decided to do to him in the first place! Isn't that nice of them?"
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Re: Writer jailed for alleged Thai monarchy insult

Post by Admiral Valdemar »

Either all of Thailand is that incredibly stupid, or the monarchy certainly thinks they're that stupid. This law is retarded in the extreme, and clearly an anachronistic figurehead should be protected from such horrible things as criticism. Who needs freedom when you can sanitise the fuck out of society by locking up anyone for the smallest of transgressions.

Oh wait, it's not a transgression anyway. And we're supposed to see Thailand as a role model?
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Re: Writer jailed for alleged Thai monarchy insult

Post by Tiriol »

Although the case is unbelieavably terrible, I'd like to point out that the King might not have any choice in this matter; if the law states that he can pardon those found guilty of violating les majeste laws, but cannot intervene in the court proceedings, then his hands are tied in the legal world (you may notice in the article that Thailand is a constitutional monarchy; and that the King doesn't have a major role in politics). He could, of course, just put pressure on the courts to dismiss charges or to overturn the sentence, but then again, it would be using the royal authority outside legal boundaries. You know, influencing the courts of law etc.

However, be it as it may, the laws are stupidly severe in any case and the entire legal proceeding is nothing short of a tragedy. I do hope that the King pardons the man as soon as he can.
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Re: Writer jailed for alleged Thai monarchy insult

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Admiral Valdemar wrote:Oh wait, it's not a transgression anyway. And we're supposed to see Thailand as a role model?
At least they aren't communists! If it were writers being tossed in the slam for supposed comments against the state, then then we'd be required to be outraged by this act of censorship and suppression of free speech. However, this is Thailand, which aren't communists and do alot of business with the West! This can be overlooked, because it's good to be the King (as Mel Brooks once said).
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Re: Writer jailed for alleged Thai monarchy insult

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Tiriol wrote:Although the case is unbelieavably terrible, I'd like to point out that the King might not have any choice in this matter; if the law states that he can pardon those found guilty of violating les majeste laws, but cannot intervene in the court proceedings, then his hands are tied in the legal world (you may notice in the article that Thailand is a constitutional monarchy; and that the King doesn't have a major role in politics). He could, of course, just put pressure on the courts to dismiss charges or to overturn the sentence, but then again, it would be using the royal authority outside legal boundaries. You know, influencing the courts of law etc.

However, be it as it may, the laws are stupidly severe in any case and the entire legal proceeding is nothing short of a tragedy. I do hope that the King pardons the man as soon as he can.
Of course, he has a choice! He's the monarch! He could do away with the law when he wants to or order it to be non-enforced. His complicity in this is proven by the fact that those laws still exist.
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Re: Writer jailed for alleged Thai monarchy insult

Post by The Duchess of Zeon »

Gil Hamilton wrote:
Tiriol wrote:Although the case is unbelieavably terrible, I'd like to point out that the King might not have any choice in this matter; if the law states that he can pardon those found guilty of violating les majeste laws, but cannot intervene in the court proceedings, then his hands are tied in the legal world (you may notice in the article that Thailand is a constitutional monarchy; and that the King doesn't have a major role in politics). He could, of course, just put pressure on the courts to dismiss charges or to overturn the sentence, but then again, it would be using the royal authority outside legal boundaries. You know, influencing the courts of law etc.

However, be it as it may, the laws are stupidly severe in any case and the entire legal proceeding is nothing short of a tragedy. I do hope that the King pardons the man as soon as he can.
Of course, he has a choice! He's the monarch! He could do away with the law when he wants to or order it to be non-enforced. His complicity in this is proven by the fact that those laws still exist.

Uh, no, the Thai King is limited by the constitution, and rural voters are extremely conscious of protecting his dignity--they'd actually oppose an effort by the King to remove this law by phrasing it in very vague and shifty terms about how glorious and great His Majesty is, but that the low-born and so on don't understand that and so his dignity still needs to be protected from them, etc.
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Re: Writer jailed for alleged Thai monarchy insult

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The Duchess of Zeon wrote: Uh, no, the Thai King is limited by the constitution, and rural voters are extremely conscious of protecting his dignity--they'd actually oppose an effort by the King to remove this law by phrasing it in very vague and shifty terms about how glorious and great His Majesty is, but that the low-born and so on don't understand that and so his dignity still needs to be protected from them, etc.
If his Dignity seriously wanted the law changed, I don't see why it couldn't be made to happen. Anyone can see that such laws don't have any place in modern society and a king is someone who got there by being the son of another king and so on back to when Kings actually were somewhat relevant. If those rural peasants give such a righteous shit about his Glory, surely they'd listen to him explain why such laws need to be abolished for the good of society so shit like this doesn't happen again.

The fact is, the Monarchy approves of this sort of thing, not because the low-born peasants want it so. That's some of the oldest propaganda in the Monarchist handbook. "Well, WE don't necessarily approve of the things we ourselves do... but it's what the peasants want and we shan't disappoint the poor low-born buggers that live for us!"
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Re: Writer jailed for alleged Thai monarchy insult

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So, does he have a Thai passport or changed his citizenship? I do not understand how he can be jailed in that country without Australia's permission?

The article isn't clear; did he write and publish this novel in Thailand? If it was published outside of Thailand, how can they arrest him for it?

The article mentions that's he's Australian, born in Melborne, but is he an Australian citizen?

If he was a Thai resident (he was there two and a half years) or had a Thai passport or citizenship, then, whilst it's an incredibly overbearing and exaggerated punishment, well, he did kinda break the law. If that's the case, is it just the punishment people are opposed to? If so, I hate to sound harsh, but there's far more harsh punishments for far more small crimes out there in the world that I don't understand why this is a special case.

If he is an Australian National, then I do not see how Thailand could put him in jail, not without causing International issues; there didn't seem to be any mentioned in the OP.

Or am I being incredibly dense here?
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Re: Writer jailed for alleged Thai monarchy insult

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Yeah. That's the question I have. What the hell is the Australian government doing? They should have secured his release the moment he called the embassy to inform them of his arrest. What self respecting government would let one of their own citizens be jailed because they accidentally may have some offended some ass-backwards morons?
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Re: Writer jailed for alleged Thai monarchy insult

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The assbackward part of all this is if you did not have this law in place then instead you would have the Thai peasants tearing this person to pieces for daring to insult their monarch. So removing the law would accomplish nothing as the peasants would merely take things into their own hands as mob justice.
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Re: Writer jailed for alleged Thai monarchy insult

Post by Fingolfin_Noldor »

Gil Hamilton wrote:If his Dignity seriously wanted the law changed, I don't see why it couldn't be made to happen. Anyone can see that such laws don't have any place in modern society and a king is someone who got there by being the son of another king and so on back to when Kings actually were somewhat relevant. If those rural peasants give such a righteous shit about his Glory, surely they'd listen to him explain why such laws need to be abolished for the good of society so shit like this doesn't happen again.

The fact is, the Monarchy approves of this sort of thing, not because the low-born peasants want it so. That's some of the oldest propaganda in the Monarchist handbook. "Well, WE don't necessarily approve of the things we ourselves do... but it's what the peasants want and we shan't disappoint the poor low-born buggers that live for us!"
If by anything, there are a number issues to take into account. The current Thai King managed to inflate his popularity to the level of God hood some decades ago. Prior to that, his brother was found dead with a bullet in his head, and the gun in his hand. The military was wrangling with the monarchy over control of the country for the past few decades. In fact, the father of that king abdicated in protest to the military. The military was the one that decided to side with the Japanese during World War II.

Fast forward to the present. There are a number of people who have a vested interest in keeping the law in place. The king might, for one thing, but so would many of the aristocrats. That charge of insulting the King was leveled at Thaksin in a bid to get rid of him. The monarchists, if you so decide to call them, are a bunch of self-serving scum who exploit the poor, and they use their "professed love of the King" in a similar fashion, as some neocons would wrap their schemes with the professed love of freedom and democracy.

The law won't be removed, so long as the King remains popular, and people seek to exploit that popularity to further their own ends.
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Re: Writer jailed for alleged Thai monarchy insult

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What is it about Asia and the tendency to form cults of personalities that elevate leaders to deity like status ?
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Re: Writer jailed for alleged Thai monarchy insult

Post by Fingolfin_Noldor »

Sarevok wrote:What is it about Asia and the tendency to form cults of personalities that elevate leaders to deity like status ?
We never grew out of our need for a king. There are very few countries in Asia that willingly removed their king and replaced him with a representative government.
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Re: Writer jailed for alleged Thai monarchy insult

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Prometheus Unbound wrote:So, does he have a Thai passport or changed his citizenship? I do not understand how he can be jailed in that country without Australia's permission?

The article isn't clear; did he write and publish this novel in Thailand? If it was published outside of Thailand, how can they arrest him for it?

The article mentions that's he's Australian, born in Melborne, but is he an Australian citizen?

If he was a Thai resident (he was there two and a half years) or had a Thai passport or citizenship, then, whilst it's an incredibly overbearing and exaggerated punishment, well, he did kinda break the law. If that's the case, is it just the punishment people are opposed to? If so, I hate to sound harsh, but there's far more harsh punishments for far more small crimes out there in the world that I don't understand why this is a special case.

If he is an Australian National, then I do not see how Thailand could put him in jail, not without causing International issues; there didn't seem to be any mentioned in the OP.

Or am I being incredibly dense here?
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In this case, given the nature of the crime, I could see the Australian government intervening, perhaps a request for a dialogue at a later date? But if the crime had been a drug offence, you wouldn't hear a peep out of just about any government.
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Re: Writer jailed for alleged Thai monarchy insult

Post by thejester »

The Australian government is pinning it's hopes on the pardon, IIRC. In any case as Korvan pointed out that's pretty standard; the gov has been steadfast in refusing to bail out Australians on death row in SEA over drug charges, so it's hardly going to reverse that policy.
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Re: Writer jailed for alleged Thai monarchy insult

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Korvan wrote: If you are in another country, then you are subject to that country's laws regardless of your citizenship, the only exception are those with diplomatic immunity. Canada publishes a number of travel guides that clearly state that if you get in trouble with the law in another country, the Canadian government will not intervene on your behalf.

In this case, given the nature of the crime, I could see the Australian government intervening, perhaps a request for a dialogue at a later date? But if the crime had been a drug offence, you wouldn't hear a peep out of just about any government.
If the crime had been a drug offense, nobody here would be shedding much tears for him. In this case the crime is totally absurd, not to mention the rather bizarre fact that the warrant was originally issued in March, but never served until he was just about to leave the country. Six months from issue until arrest? That's a bit fishy don't you think? Especially given how anyone there on a work Visa (which he most assuredly was), should have been incredibly easy to find by their government and had the warrant served? Why wait until he was about to leave the country?
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Re: Writer jailed for alleged Thai monarchy insult

Post by Fingolfin_Noldor »

General Zod wrote:If the crime had been a drug offense, nobody here would be shedding much tears for him. In this case the crime is totally absurd, not to mention the rather bizarre fact that the warrant was originally issued in March, but never served until he was just about to leave the country. Six months from issue until arrest? That's a bit fishy don't you think? Especially given how anyone there on a work Visa (which he most assuredly was), should have been incredibly easy to find by their government and had the warrant served? Why wait until he was about to leave the country?
Because.. it's easier to catch a person at the border checkpoint than ... on the streets?
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Re: Writer jailed for alleged Thai monarchy insult

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Fingolfin_Noldor wrote: Because.. it's easier to catch a person at the border checkpoint than ... on the streets?
Except he wasn't on the streets. Since he was presumably there teaching, he had a place of residence and arguably a predictable schedule. Since he had a work Visa to teach, he was on file with their records department which should have included a place of residency. This means it should have been so incredibly simple to find him a ten year old could have done it within a week, not six fucking months after the fact. See where I'm going with this?
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Re: Writer jailed for alleged Thai monarchy insult

Post by The Duchess of Zeon »

General Zod wrote:
Fingolfin_Noldor wrote: Because.. it's easier to catch a person at the border checkpoint than ... on the streets?
Except he wasn't on the streets. Since he was presumably there teaching, he had a place of residence and arguably a predictable schedule. Since he had a work Visa to teach, he was on file with their records department which should have included a place of residency. This means it should have been so incredibly simple to find him a ten year old could have done it within a week, not six fucking months after the fact. See where I'm going with this?

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Re: Writer jailed for alleged Thai monarchy insult

Post by CJvR »

I think most monarchies have such old laws still in the books, although they are seldom enforced.

We had a case here in Sweden a few years ago that was rather amusing with a pathetic wannabe-seen who threw a pie in the King's face (Pie-ing politicians having caused big headlines earlier.). Once he realized that you could get four years for that offence he quickly changed to a wanna-gohome and offered a truly amusing tearfilled appology.
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