Without free speech, artistic creativity will wither

Without free speech, artistic creativity will wither

On Monday morning, the 87th Academy Awards from Los Angeles will be broadcast live in Thailand. A few hours later, at 1pm, an entirely different type of show will be staged at the Criminal Court in Bangkok.

Two members of the now-defunct Prakai Fai ("Sparking Fire") theatre group, Pornthip Munkong, aka Golf, and Patiwat Saraiyaem, aka Bank, will be sentenced to jail terms under the draconian Section 112 of Thailand’s Criminal Code.

Section 112, better known as lese majeste, imposes jail terms for those who defame, insult or threaten the King, the Queen, the Heir to the throne or the Regent. Those who are found guilty of violating Section 112 face prison terms of three to 15 years.

They performed in a political play called Jao Sao Maa Paa ("Wolf’s Bride"). The play was staged at Bangkok’s Thammasat University on Oct 13, 2013, and was part of the commemoration of the 40th anniversary of the Oct 14, 1973, student uprising against the military dictatorship of Field Marshal Thanom Kittikachorn. The play, which centred on a fictional monarchy, was deemed to have insulted Thailand’s revered monarch.

No further explanation of the details of their alleged offence can be made. This is because the inflexible application of Section 112 makes a recounting of lese majeste allegations a violation of Section 112 as well.

Golf and Bank have already pleaded guilty to the lese majeste charges. This should not be construed as an acknowledgment of criminal responsibility. Unfortunately, the guilty plea is a strategic decision that, in most cases, earns lese majeste violators a significant reduction in their jail sentence.

Golf, a social activist, and Bank, a university student, were arrested in mid-August. Since then, they have been detained at the Women’s Central Prison and the Bangkok Remand Prison, respectively. As is customary for lese majeste detainees, the court rejected their numerous requests for release on bail pending trial. Their incarceration meant that Golf could not pursue her plans to work overseas, and Bank was forced to suspend his studies at Khon Kaen University. Prison authorities have imposed severe restrictions on their cultural activities. Their books have been confiscated and their communications with visitors are closely monitored.

In the meantime, authorities are pursuing more individuals involved in the Jao Sao Maa Paa performance. Some of them have already fled the country for fear of being arrested under Section 112. They joined scores of students, activists, academics and artists who left Thailand after the May 22, 2014, military coup.

Since the coup, at least 40 people have been arrested. Seven of them have already been sentenced to prison terms ranging from three to 15 years.

Most of these cases present elements related to the right to freedom of expression and the right to take part in cultural life. These rights are guaranteed by Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and Article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), respectively. Thailand ratified both treaties and, as a result, has an obligation to comply with their provisions.

Legislators must ensure that provisions of the ICCPR and the ICESCR are incorporated into Thai laws, and judges should invoke clauses of the ICCPR and the ICESCR in their rulings. Even under Article 4 of the interim constitution unilaterally adopted by the military regime, Thailand must abide by international treaties to which it is a party, including the ICCPR and the ICESCR.

The UN has repeatedly expressed its concern over Thailand’s prosecution and harsh sentencing of individuals on lese majeste charges. The National Council for Peace and Order, in its quest for reconciliation, must acknowledge and comply with these international treaties. In addition, the junta must recognise the talent of Thai youth to creatively address social issues in a manner that is not menacing or threatening.


Andrea Giorgetta is the Southeast Asia Desk Director of FIDH (International Federation for Human Rights).

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