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Martial Law and the Criminalization of Thought in Thailand
Published online by Cambridge University Press: 14 March 2025
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At 5.30 pm on 17 September 2014, police and soldiers interrupted a lecture on the topic of “Democracy Classroom #2: The Decline of Dictatorship in Other Countries” at Thammasat University in Bangkok. The officials went up to Professor Nidhi Eoseewong, the noted historian and public intellectual who was speaking, and told him to stop and come with them. Three additional scholars (Prajak Kongkirati, Janjira Sombutpoonsiri, and Chaowarit Chaowsangrat) and three student activists from the League of Liberal Thammasat for Democracy (LLTD), which had organized the event, were also arrested. They were taken to a local police station and interrogated for several hours. At no time were they allowed to speak with lawyers, as the police and military authorities asserted that they were not being charged with any crimes, but were there for the purpose of “creating understanding.” They were released at 9.30 pm that evening. By not charging the seven individuals with the violation of any laws or orders, the authorities can claim that this was not an arrest, but was rather a discussion to “create understanding,” as they have in cases of arbitrary detention following the coup. To be clear: the lack of formal charges does not change the meaning of this incident as a form of intimidation, violation of the rights of the seven individuals to freedom of thought and speech, and part of the ongoing creation and maintenance of a climate of fear in Thailand.
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References
Notes
1 See Human Rights Watch, “Thailand: End Crackdown on Academic Freedom,” 20 September 2014, Available online here; Asian Human Rights Commission, “THAILAND: Ongoing criminalization of thought and expression,” 22 September 2014, Available online here.
2 The temporary constitution can be found in Ratchakitchanubeksa, 22 July 2557 [2014], Book 131, Part 55 Ko, pages 1-17, Available online here. For an unofficial English translation, please see Pakorn Nilprapunt, “Translation of the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 (2014),” Law Drafter, 23 July 2014, Available online here.
3 What became the red shirt movement, known as such for the color of the t-shirts worn by its supporters, emerged in the aftermath of the last coup of 19 September 2006 that ousted elected prime minister Thaksin Shinawatra. The movement is heterogeneous, and includes supporters of Thaksin and his sister Yingluck, as well as radical democrats, republicans, and others dissatisfied with the status quo.
4 “Statistics of summons, arrests, and releases as of the fourth week of September 2014,” iLaw, 2 October 2014, Available online here.
5 Prachatai, “Military Court sentences anti-coup protester to 6 months in jail, Worachet, Jittra deny allegations,” 9 August 2014, Available online here.
6 Thantawut Taweewarodomkul, “Why I did not report myself,” translated by Tyrell Haberkorn, Prachatai, 28 July 2014, Available online here. Thantawut was convicted of allegedly violating Article 112 and the 2007 Computer Crimes Act in March 2011 and sentences to thirteen years in prison.
7 Human Rights Watch, “Thailand: Account for ‘Disappeared’ Political Activist,” 18 June 2014, Available online here.
8 The two videos are available on YouTube here and here. Please note: the videos are not subtitled, and so the ability to understand spoken Thai is necessary.
9 Andrew R.C. Marshall, “Opposition activist fabricated torture allegations, says Thai junta,” Reuters, 5 August 2014, Available online here.
10 Prachatai, “Police link Kritsuda to militant ‘men in black’ in 2010 political violence,” 11 September 2014, Available online here.
11 Prachatai, “At least 14 tortured and ill-treated during military detention: human rights lawyers,” 8 September 2014, Available online here.
12 Asian Human Rights Commission, “THAILAND: Revocation of passports by junta restricts freedom of movement and creates spectre of statelessness,” 12 July 2014, Available online here.
13 Pavin Chachavalpongpun, “Thai junta hounds opposition across board,” Japan Times, 21 September 2014, Available online here.
14 Prachatai, “Military harass family of former lèse majesté prisoner in self-exile,” 29 July 2014, Available online here.
15 “Statistics of summons, arrests, and releases as of the third week of September 2014,” iLaw, 21 September 2014, Available online here.
16 Asian Human Rights Commission, “THAILAND: Military courts to process civilians violate international law,” 4 June 2014, Available online here.
17 Internet Dialogue on Law Reform (iLaw), “A Forceful Attempt to have Article 112 Cases Tried in the Military Court,” 25 September 2014, Available online here.
18 See David Streckfuss, Truth on Trial in Thailand: Defamation, treason, and lèse-majesté (New York: Routledge, 2011), for an excellent analysis of the genesis of Article 112. While official statistics from the Office of the Judiciary have not been made public since 2010, the number of complaints filed under Article 112 rose from 33 in 2005, to 30 filed in 2006, 126 filed in 2007, 77 filed in 2008, 164 filed in 2009, and 478 filed in 2010. See ประชา ไท , 17 ธ. ค. 2554, “‘แท่ง อัปลักษณ์ ’ แสดง สถิติ คดี หมิ่นฯ กลาง ถนน ราช ดำเนิน” [Prachatai, 17 December 2011, “‘Hideous Bars’: Display of LM case statistics in the middle of Ratchadamnoen Road”], Available online here.
19 Prachatai, “2014 coup marks the largest number of lese majeste prisoners in Thai history,” 15 July 2014 [updated on 10 September], Available online here.
20 Internet Dialogue on Law Reform (iLaw), “A Forceful Attempt to have Article 112 Cases Tried in the Military Court,” 25 September 2014, Available online here.
21 Asian Human Rights Commission, “THAILAND: Additional freedom of expression arrest and denial of bail by junta,” 18 August 2014, Available online here; Human Rights Watch, “Thailand: Theater Activists Jailed for Insulting Monarchy,” 20 April 2014, Available online here.
22 The Computer Crimes Act of 2007 was passed as part of Thailand's compliance as a state party to the United Nations Convention Against Transnational Organized Crime. Instead, it has frequently been used in combination with Article 112 to silence dissenting speech and ideas circulated online.
23 iLaw, “Case #354: A musician in Ubon Ratchathani,” Freedom of Expression Documentation Center, Available online here.
24 Under the Criminal Procedure Code, when a person is charged with violating multiple laws simultaneously, the various counts cover multiple laws, and the penalty for each count must cover all of the included laws. In other words, if a person is convicted of violating both Article 112 and the Computer Crimes Act of 2007, then the punishment for both violations should be combined. In this case, the initial punishment was rendered by the court as 27 years for the 9 nine violations of Article 112 (3 years per count), and then 36 months (4 months per count) of the 2007 Computer Crimes Act. While the correction of the form of the sentence will not necessarily lead to a reduction in the sentence, ensuring that the Court follows procedure is important. See ประ ชา ไท, “นัก กฎหมาย ชี้ คดี 112 อุบล ฯ ศาล พิพากษา ผิด เพิ่ม โทษ ไป ถึง 3 ปี ” [Prachatai, ”Jurists point out the incorrect decision in an Article 112 case by the Ubon court, punishment augmented by 3 years“], 2 October 2014, Available online here.
25 Prachatai, “Police charge 3 anti-coup student activists for holding 2006 commemoration,” 26 September 2014, Available online here.
26 Three additional students were summoned to report to the police on 2 October for the same event.
27 Marwaan Macan-Markar, “Thai coup darkens dawn of digital TV,” Nikkei Asian Review, 3 June 2014, Available online here.
28 Saksith Saiyasombat & Siam Voices, “Thailand's junta sets up media watchdogs to monitor anti-coup dissent,” Asian Correspondent, 26 June 2014, Available online here.
29 Thaweeporn Kunmetha, “Thai authorities reportedly to conduct mass surveillance of Thai internet users, targeting lèse majesté,” Prachatai, 10 September 2014, Available online here.
30 Thomas Fuller, “Loved and Hated, Former Premier of Thailand Is Erased From Textbook,” New York Times, 16 September 2014, page A8.
31 Prachatai, “Thai military orders Amnesty International to stop activities on Gaza, 16 August 2014, Available online here.
32 Office of the High Commissioner for Human Rights, “Press Release: Increasing Restrictions on Human Rights Defenders in Thailand,” 3 September 2014, Available online here.
33 Prachatai, “Open letter condemning the intimidation and temporary detention of academics and students,” 22 September 2004, Available online here.
34 See Prachatai (Thai) here and Prachatai English here.