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Panel calls for review of laws on criticism of Thai monarchy
Agence France Presse - September 17, 2011
The Truth for Reconciliation Commission of Thailand called for a review and halt to all trials connected to political conflict before and after a 2006 coup that opened deep divisions in the constitutional monarchy.
The nine-member commission, set up by the previous government last year after the worst political violence in decades, urged the country to delay trials and temporarily release political defendants.
It said lese majeste legislation banning criticism of the revered monarchy had been "directly related to political conflict" since before the coup.
In its first report to Thailand's new government, which is led by the sister of former prime minister Thaksin Shinawatra, deposed by the army five years ago, the commission said the government should be "highly cautious" about causing further political splits.
It criticised the use of legislation, including an emergency decree imposed last year during clashes between the army and anti-government Red Shirt demonstrators, in which more than 90 people died.
The commission accused "involved parties" of "violation of criminal law" and said using criminal prosecution to solve the country's political problems "is not suitable".
It urged delays to political prosecutions by "not bringing the cases to court" and said that the government should temporarily release defendants while assessing whether accusations were "unduly harsh".
The appointment of former attorney-general Kanit Nanakorn to lead the commission by the last government, which presided over the Red Shirt crackdown, was criticised as a potential "whitewash" by the Puea Thai Party that is now in power, led by Yingluck Shinawatra.
But Thitinan Pongsudhirak, of Chulalongkorn University, said the new government would now struggle to implement all the recommendations. "They will not want to be seen as trying to subvert the monarchy," he said.
Under Thai legislation, anybody convicted of insulting the king, queen, heir or regent faces up to 15 years in jail.
Academics have noted a sharp increase in new royal insult cases and rights groups have expressed concern that the law has been used to suppress freedom of expression under the past government, considered close to elites that backed the 2006 coup against Mr Thaksin.
Concerned that an apparent increase in lese majeste prosecutions "could have political impact", the commissioners said the government should "consider reviewing" whether to prosecute cases that "expand" the interpretation of the law too broadly, "such as the accusation and the propaganda on the conspiracy to overthrow the monarchy".
Discussion of the royal family is a longstanding taboo in Thailand. King Bhumibol Adulyadej, 83, the world's longest-reigning monarch, has been in hospital since September 2009.
Arnon Nampa, a lawyer who works for Red Shirts accused of lese majeste, said the commission was "very brave" to tackle the issue. "The government should act on this quickly. This is a chance for them to release people without being criticised for helping their supporters," he said.
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