Somyot Prueksakasemsuk

Lese majeste incident

Somyot is a member of the "red shirts", a movement supporting former prime minister Thaksin Shinawatra; Thaksin was removed from power in 2006 by a coup d'état. In 2010, Somyot, then the editor of the magazine Voice of Thaksin, published two articles under a pseudonym critical of a fictional character interpreted by the court as representing King Bhumibol Adulyadej. The magazine later went out of business.

Somyot was arrested and imprisoned without bail for nearly two years. On 23 January 2013, the Criminal Court of Thailand convicted him of lese majeste and sentenced to a total of eleven years in prison: one year for a suspended sentence for a defamation charge, and five years each for the two counts of violating Article 112, the lese majeste law. The judge stated, "The accused is a journalist who had a duty to check the facts in these articles before publishing them. He knew the content defamed the monarchy but allowed their publication anyway". Somyot's lawyer said following the verdict that Somyot would appeal, adding: "I can confirm that he did not intend to violate Article 112 ... He was doing his job as a journalist."

The presiding judge in Somyot's case was Judge Chanathip Mueanphawong (ชนาธิป เหมือนพะวงศ์). Judge Chanathip has also been in charge of many lèse majesté cases, including the case of Ampon Tangnoppakul or Uncle SMS in which the judge sentenced Ampon to 20 years in prison, the case of Surachai Danwattananusorn who was sentenced to imprisonment for five years and six months, and the case of Chiranuch Premchaiporn who was given a suspended sentence of one-year imprisonment on grounds of failing to remove lèse majesté comments on her website.

International reaction

The verdict came at a time when Thailand's lese majeste laws were becoming increasingly controversial domestically and internationally. Thai activists and human rights groups stated that the laws were disproportionately used to imprison "red shirts" and other political opponents of the government. Prior to the trial, an alliance of human rights organizations lobbied for the dismissal of the charges against Somyot, including Amnesty International, Freedom House, the International Federation for Human Rights (FIDH), and the World Organisation Against Torture (OMCT). Amnesty International called Somyot a "human rights defender" and designated him a prisoner of conscience, imprisoned "simply for peacefully exercising his right to freedom of expression". The Asian Human Rights Commission argued that the lese majeste law itself was unconstitutional in Thailand, protesting a Constitutional Court decision to uphold it.

A delegation of the European Union criticized the verdict in Somyot's case, stating that it "seriously undermines the right to freedom of expression and press freedom". Human Rights Watch stated that "The courts seem to have adopted the role of chief protector of the monarchy at the expense of free expression rights". Reporters Without Borders called the verdict an "affront to media freedom".

The court's chief judge, Thawee Prachuablarb, defended the sentence: "There have been criticisms, rather one-sided, that the court was too harsh in its judgement but the five-year prison term for each of the two counts is considered appropriate ... It is mid-way between the minimum sentence under this law, which is three years, and the maximum punishment of 15 years. The court made its ruling in accordance with the law."