Controversial Acquittal in Royal Insult Case Sparks Wide Discussion
In a ruling that has sparked public interest, the Criminal Court dismissed a lese-majeste case against former Prime Minister Thaksin Shinawatra on August 22. The court determined that prosecutors had failed to prove that Thaksin's comments directly referred to the King or members of the royal family.
The acquittal has led to calls for a review of lese-majeste complaints, with political science and law lecturer Olarn Thinbangtieo suggesting the formation of a committee to screen all such complaints before they proceed to court. The committee, according to Olarn, would consist of prosecutors, judges, academics, and civil society representatives.
The idea of a multi-party committee to vet lese-majeste complaints is not new. It dates back to the Abhisit Vejjajiva administration. Nipit Intarasombat, a supporter of this proposal, urges the Office of the Attorney General to appeal Thaksin's acquittal to prevent perceptions of inequality before the law.
Thaksin was indicted under Section 112 of the Criminal Code and the Computer Crimes Act for remarks made in a 2015 interview. His lawyer, Winyat Chartmontree, stated that the court dismissed the case due to several reasons, with the central point being that the subject mentioned in Thaksin's statements was not clearly identified as any individual protected under Section 112.
Nipit Intarasombat argues that Thaksin's use of the pronoun "he" during the 2015 interview did not refer to King Rama IX, as prosecutors alleged. Jade Donavanik, a legal scholar and dean of the faculty of law at Dhurakij Pundit University, expressed caution about treating the ruling as a legal precedent, as the case is likely to be appealed.
The dismissal of Thaksin's case has been met with criticism from some quarters, who accuse the courts of double standards in handling lese-majeste cases. There is public interest in whether the prosecutors will appeal the ruling and whether there will be any signs of behind-the-scenes deals or interference in the judicial process.
Jade Donavanik suggests the justice system should adopt a consistent and strategic approach in all lese-majeste cases. Olarn noted a contrast between Thaksin's case and that of other lese-majeste defendants, particularly young activists, who were often denied bail despite the presumption of innocence. The search results do not contain information about which experts were proposed to form a committee to review all lese-majesty complaints before the court to prevent abuse.
The ruling reflects factual reasoning, as Thaksin's language did not directly implicate the King, the heir apparent, or core members of the royal family, according to Olarn Thinbangtieo. The case is a significant development in the ongoing debate about the application of lese-majeste laws in Thailand.
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