It should come as no surprise that the government does not want to touch the lese majeste law _ Section 112 of the Criminal Code _ following the sudden death by liver cancer of convicted lese majeste offender Ampon (Ah Kong) Tangnoppakul, alias Uncle SMS, in Bangkok Prison Hospital on May 8.
Ampon Tangnoppakul’s wife Rosmalin holds a portrait of her husband next to his coffin which was placed in front of the Criminal Court on Ratchadaphisek Road by red shirt supporters as a protest. Ampon died in prison on Tuesday. PATTANAPONG HIRUNARD
This hands-off policy was made clear by Prime Minister Yingluck Shinawatra who says the government's urgent mission is to address pressing economic problems.
But the truth is that the government has a far more important political agenda _ which is to push its reconciliation plan in order to forgive the offences allegedly committed by red shirt and yellow shirt protesters and security forces in the course of political disturbances over the past several years.
The plan also seeks to invalidate all investigations undertaken by the now defunct Assets Scrutiny Committee which will directly benefit fugitive former prime minister Thaksin Shinawatra.
Also chanting the reconciliation tune are the United Front for Democracy against Dictatorship (UDD) and the Pheu Thai Party. So, it should be no surprise that UDD chairwoman Tida Tawornseth and other red shirt core leaders have distanced themselves from the campaign to reform the lese majeste law, although there are some red shirt followers who have joined the campaign, but in an individual capacity.
Hence, in life or death, Ah Kong means little to the government, the Pheu Thai Party and the UDD. This is not just my opinion alone.
In an interview with Matichon TV Online last week, Assoc Prof Dr Puangthong Pawakaraphan of Chulalongkorn University's political science faculty and a member of the Campaign Committee for the Amendment of Section 112 which is currently campaigning to have the law amended, said both the government and the UDD do not want to touch the law because they lack the courage.
"They have courage only on issues for which they stand to benefit or which former prime minister Thaksin will reap the benefit," she said.
As with his trial and conviction, Ah Kong's death has sparked off a war of words in cyberspace between his supporters and opponents.
But the "talk of the town" comments which drew the ire of Ah Kong's supporters and attracted media attention came from well-known actress Bongkoj Kongmalai, alias "Tak" Bongkoj.
She posted five comments on her Facebook page on the same day he died: "Ah Kong's karma"; "But it is good that Ah Kong is dead, the land will be better"; "As a matter of fact, our land which is already good will be better"; "Although I expose my breasts or whatever, with a bad reputation or whatever, you have poured scorn on me, I am not stupid. Why do you fight for Ah Kong? When will you die so you can join Ah Kong in hell because Ah Kong is definitely in hell from his fate for insulting my father [the King]"; and "You love Ah Kong. Why can't I love my father's family?".
Reacting to Bongkoj's comments, Thammasat lecturer Kasien Techanpira said the actress lacked compassion for the dead man and did not grasp the full extent of Ah Kong's case.
Responding in his Facebook page, actor Attachai Anantameak said Bongkoj did not fully understand the case. The issue at stake is not about lese majeste but about whether Ah Kong was innocent or guilty.
He asked whether the old man had to send offensive text messages to the personal secretary of former prime minister Abhisit Vejjajiva if he really wanted to offend the monarchy.
Bongkoj's harsh comments against Ah Kong and the equally harsh reactions against her from the dead man's supporters are yet another confirmation of how sensitive is the monarchy issue in light of the deep-seated political divide in Thai society which shows no signs of abating.
Ah Kong's death has provided ammunition for free expression and human rights advocacy groups to renew their campaign to have the lese majeste law amended if not repealed.
Groups such as the Campaign Committee for Amendment of Section 112, Nitirat and several academics well-known for their opposition to the lese majeste law plan to gather at Thammasat University's Tha Prachan campus on May 27 as a show of solidarity against the archaic law and to mourn Ah Kong's death.
Besides the comments and counter-comments and other fallout from Ah Kong's death, what lesson or lessons can be drawn from his demise for the betterment of Thai society or, at least, for the benefit of the alleged offenders charged or convicted of lese majeste?
Foremost of all is the issue about conditions at Bangkok Prison Hospital or hospitals operated by the Corrections Department and whether convicted prisoners or prisoners awaiting trial have the right to medication for their illnesses or to save their lives.
Right or wrong, it is commonly understood that these hospitals are not adequately equipped with personnel and equipment to treat serious cases such as cancer, as in the case of Ah Kong.
The question is, will prisoners be allowed to be treated in other hospitals if they are suffering from life-threatening ailments? Who has the right to judge whether a prisoner's life is in danger and needs better medical treatment?
In Ah Kong's case, the defendant had asked for bail eight times, but all requests were rejected by the courts on the grounds that the charges against him were serious and that he might jump bail.
For a 62-year old man suffering from liver cancer to ponder fleeing, well that may be insane. But the courts thought otherwise, in which case they should not be blamed because they wanted to play safe.
As for the seriousness of the lese majeste charge, which is another reason cited by the court in rejecting Ah Kong's bail requests, this is debatable.
But the very mindset that harsh penalties will help protect the monarchy and that those charged with lese majeste should be treated as serious criminals is misguided.
Of course the higher institution, which is a main pillar of this country, needs to be protected and promoted. Yet constructive criticism will be helpful.
Veera Prateepchaikul is a former editor, Bangkok Post.