STATEMENT OF THE SANG SUMNUEK WRITERS No.1

The utterly sad thing about being human is to mistake wrong for right, seeing evil deeds as maintaining justice because one is so misguided as to see oneself as superior to others

A man was accused of offending the honour of the King, the Queen, and the Heir-apparent without any clear evidence. He was judged based on the hypothesis that he was guilty. He was sentenced according to the law decreed by the coup group in 1976 and imprisoned for three to five years for an offence that was merely verbal. The penalty was even greater than offences against life or offences relating to sexuality.
 
He requested eight times to be bailed, and, even though he was sick, all requests were refused by the court, claiming that the offence was acute despite the fact that it was a libel case. The court acted as if granting him temporary bail according to his right would result in Thailand being shattered once he was released.
 
This is the way that judicial discretion works in the interests of monarchist ideology.
 
Time after time, Thailand has witnessed a lack of humanity in the implementation of Article 112 of the Criminal Code. Not to mention the fact that a just state, one that observed the rule of law, would respect the right and freedom of the people under the democratic regime…
 
this barbaric state has ruled without the slightest mercy.
 
From the Constitution of the Kingdom of Thailand,
 
Section 4 states that human dignity, rights, liberty, and equality of the people shall be protected.
 
Section 26 states that in exercising powers of all state authorities, regard shall be given to human dignity, rights, and liberties in accordance with the provisions of this Constitution.
 
Section 30, the first clause, states that all persons are equal before the law and shall enjoy equal protection under the law.
 
Section 39, the second clause, states that the suspect or the accused in a criminal case shall be presumed innocent.
 
And, the third clause states that before the passing of a final judgment convicting a person for committing an offence, such a person shall be not be treated as a convict.
 
Section 40, the second clause, states that basic rights in judicial process which must at least guarantee an open court hearing; right to factual information and sufficient cross-examination of documents; right to present facts, witness or evidence, and express his or her dissent or disagreement with judges or arbitrators; right to require full quorum of judges or arbitrators in the hearing of his or her case; and right to hear the clarification of court decision, judgment, or order.
 
And, the seventh clause states that an alleged offender and the accused in criminal case shall have the right to correct, prompt and fair investigation or trial with an adequate opportunity in defending his case, the right to examine or to be informed of evidence, right to defend himself through counsel and the right to bail.
 
Or perhaps these provisions exist only to deceive the people that Thailand is a civilised country?
 
Why did the court not act in accordance with the law? Should the judges continue to hold their jobs despite this?
 
At present, those who support amendment of Article 112 of the Thai Criminal Code feel ashamed as citizens of a country that lets injustice appear naked in front of its citizens.
 
A man has died in prison without being granted the right that belongs to him. It is the right not only of a citizen under a democratic regime, but the right of a human being.
 
Although, unfortunately, his death still fails to awaken the human side in many people in this country, the Sang Sumnuek Writers are determined to push for the amendment of this law, and other matters pertaining to it, for a better society.
 
In whatever way the parliament will turn down the proposal to amend the Article 112 of the Criminal Code, we will keep finding ways to campaign and to campaign permanently.
 
Until the day that the people have their true representatives,
 
that day courage will resurrect from mortality.

 
Sang Sumnuek Writers
Thailand

 

Comments

Is this available in Thai,

Is this available in Thai, too?

Can we know the names of some of the writers?

Please follow this link

Please follow this link :http://asiapacific.anu.edu.au/newmandala/2012/01/22/open-letter-about-lese-majeste/ for the previous open letter and the list of members of the group.

The Thai version of this statement can be found here : http://prachatai.com/journal/2012/05/40457

Sorry - it's turning out all

Sorry - it's turning out all the "victims" of 112 are Thaksin supporters - Thaksin himself overtly betraying his country on behalf of Wall Street interests.

Characters like Somyot and Amphorn made death threats and/or promoted the use of violence, an intolerable crime in even the most "open" democracies. The fact is, most 112 accusations not connected with Thaksin are usually either dropped, pardoned, or dismissed - some involving the treasonous, mass murdering Thaksin are even dropped as well!

I'd much rather see these people charged for what they are - promoters and conspirators of violence and treason - not LM - but let's stop pretending this is some great slight against innocent people - they are not innocent and they'd be arrested and imprisoned in any other country for their crimes, albeit under different charges (but ironically, similarly harsh sentences - or HARSHER).

Why did the court not act in

Why did the court not act in accordance with the law? Should the judges continue to hold their jobs despite this?

Yeah. That's my question as well ...

Judge Chanatip Mueanpawong, Judge Anukoon Nakrueangsri and Judge Pattawan Songkampon

Maybe they're political employees? Perhaps they're not trained as lawyers and don't understand the law?

I'm grasping at straws, trying to understand how this came about. Does anyone have any information on the judges?

Even if all of them were

Even if all of them were Thaksin supporters, which they are all not, by the way, it would not matter in the slightest regarding their lack of really having done anything humanly wrong versus having wronged the unwrongable.
This case, and others, is completely detestable and indefensible to the ultimate degree. As this well-written article shows, it's either human or inhuman. Putting a person, a FELLOW HUMAN BEING in prison for any kind of speech, save perhaps outright threats to inflict bodily harm, is unpardonable. A colleague recently remarked of the Thai penchant for making matters worse that, "They drag everything down to the Thai level - religion, politics, education, society. They ruin it all."
It's harsh to so judge a culture, but this lese majeste crap has got to stop. It is making the world sick to the stage of regurgitation and embarrassing Thailand to the point the country does not even know it.
Ajarn Sulak had it right - those so-called royalist defenders are even more royal than the royals. To prove the point we need only revert to His Majesty's 2005 speech in which HE CLEARLY SAID HE WANTS TO BE CRITICIZED if it is warranted. And what do merciless ignorami do but throw lese majeste charges left and right like they are going out of style. Such people are base, cowards, atavistic in their moral outlook, and at the moment relatively safe from deserved punishment because society can't get its head screwed on straight.
Anyone in jail in Thailand for any kind of criminal defamation case is a martyr, a victim, and a sample of man's inhumanity to man. But of course, I am pedantic on this subject, right Mr. Tony who is too cowardly to identify himself?

Amporn made death threats

Amporn made death threats against Thailand's head of state - specific, overt threats He went to jail for it - as he would have in ANY country. It is a crime - and it is fundamentally wrong to threaten harm or death to another human being - a violation of those "human rights" you deceitfully exploit to defend and support a violent politically-motivated movement.

He and Somyot - also guilty absolutely and demonstratively through his own publications of promoting violence and making threats - are criminals and were sent where criminals belong - jail.

Thailand's justice system is flawed - but these men are/were both criminals. A society cannot function - a movement has no legitimacy - if violence and threats of violence replace civilized social discourse. I've witnessed the crude, violent vitriolic speech at UDD rallies - this is not free speech - it is the intentional inciting of violence - violence that has played out over and over again at a terrible price - whether it is the hacking to death of a DJ's father up north, or the burning and looting of Bangkok 2 years in a row, or an impressionable old man going to jail for simply repeating the violent rhetoric pouring forth from UDD's stage with both impunity and your tacit approval.

So Frank - not only are your comments long winded and pedantic - they skip over even the most basic facts. A man guilty of sending DEATH THREATS is a criminal. Criminals go to jail.

This is nonsensical stuff

This is nonsensical stuff Tony. I have already shown that when you made this claim about "threatening" and going to jail in the US that this was a lie. You didn't even get the law right.

So your response is that of the propagandist ghoul that you are: you endlessly repeat it. That is as I predicted. You are a dolt and fascist propagandist.

Furthermore - for a gaggle of

Furthermore - for a gaggle of US State Department coddled propagandists who insist the PAD are "terrorists" for closing down an airport with union help - you surely slide down the scale of what constitutes "terroristic" acts when it then comes to dealing with the antics of the UDD.

Did PAD make death threats? If they did - I equally support their trial and sentencing. UDD makes death threats and threats of violence regularly - there are countless videos online with them promoting looting, arson, and even murder - THEN CARRYING IT OUT. Amphon's SMS's are public knowledge now - he too made death threats - Somyot in his Voice of Taksin - easily obtainable by anyone interested in the TRUTH - will see that he too has made crude death threats - and implicit death threats that would land you in jail in ANY COUNTRY.

I do not agree with trying these criminals on the grounds of LM - but they are criminals, must be tried, and appropriately sentenced for their violent, disruptive behavior. You have NO legitimacy if you cannot objectively admit that indeed these people are conducting criminal acts - even if you disagree with how they are being prosecuted for them. If you could make this reasonable concession - you'd see I'd join you quickly in supporting judicial reform. I cannot call for the release of overt criminals simply because we disagree with the details of what landed them rightfully in prison.

Here's another bunch of lies.

Here's another bunch of lies. I have already - months ago - challenged you to demonstrate the claims you repeatedly make about Somyot. You are unable to provide evidence. You can't even read the magazine, but you make the claims repeatedly as a propagandist for extremist politics.

Prediction: Tony will now tell us that the evidence is at 2bangkok.com.

Response in advance: Tony cannot point to anything there that backs his lies.

Endpoint: He'll simply repeat all his swill again.

No, he can't repeat his

No, he can't repeat his swill. He is censored from Prachatai. He wrote an article about it, it must be true. He isn't posting here. You are psychotic, you fell for the US funded soldier who was payed to kill in Iraq. I mean you are obviously a US funded agent payed by Thaksin, I mean corporations, I mean ... What do I mean? Yeah, I remember - everything I say is right, everything you say is wrong. Even if what you say is the same as what I say I'm right and you're wrong. Did I say I was paid to kill innocent people? Yeah, well when I was paid by the US to do it, it was the right thing. I will never show shame for that. You're psychotic and work for Thaksin. I'm a nationalist who loves my nation that's why I don't live in my nation and hate the nation I live in. Am I ok?

The topic is Akong's SMS's

The topic is Akong's SMS's defended by all of you for months as free speech - Akong as a man sent to prison for simply speaking his mind against the system - turning out to be vicious death threats that would be considered criminal in ANY country. Now all the sudden we are not talking about LM - since the SMS's are clearly not protected free speech - but rather judiciary procedures.

Well, I could actually agree with you all on that to a certain extent - if it wasn't already so clear that you are all just leveraging this case for politically motivated reasons - particularly to undermine Thailand's institutions. This case had nothing to do with LM - but rather criminal death threats and possible judicial inadequacies - that I have conceded exist in my own articles.

http://landdestroyer.blogspot.com/2012/05/breaking-thai-political-prisoner-guilty.html

If you notice my IP address changes almost every comment I make - because Prachatai is indeed blocking me and does systematically delete my comments - this has been confirmed by Prachatai contributor Pravit ....

http://landdestroyer.blogspot.com/2012/01/us-funded-rights-advocate-censoring.html

That's just one lie of many found in "Guest's" commentary, who also is now accusing me of both being an Israeli agent and killing children in Iraq - how delightful. And while others like Frank Anderson dress up their personal attacks against me - it is still basically the same crass, disingenuous tactic.

PLEASE stop ridding the corpse of this old man.

More nonsensical bleating.

More nonsensical bleating. Basic points: (i) there is NO EVIDENCE that Amphon sent any text to anyone; (ii) it is in fact TC who has changed the debate. He was saying that the texts in question (sent by no one anybody can identify) would result in 20 years jail anywhere. That was shown to be a concoction, so his argument changes; (iii) LM law IS an issue of free speech; (iv) it is TC who is propagandizing and exploiting the death with his ghoulish and disgusting concocted commentary; and (v) TC is again complaining of censorship when we read his swill every day.

"Prachatai is indeed blocking

"Prachatai is indeed blocking me and does systematically delete my comments"

Best news I've heard all day.

Again - the topic is Akong

Again - the topic is Akong sending death threats - not practicing "free speech," and your politically motivated exploitation of his poor judgement, incited by UDD's leadership on stage during April/May backfiring in your faces. Not me.

But since we're talking censorship ... so we are all about free speech until someone says something you don't like - then censorship becomes rationalized?

Well - this is exactly what you'd expect from politically motivated liars who are merely hiding their agenda behind human rights and "free speech."

That Prachatai is funded by literally the scum of humanity, the US State Department through the Neo-Con, corporate lobbyist infested National Endowment for Democracy (NED) in tandem wit sentiments like those of "Dan," repeated by commentators daily and vigorously, we see that "human rights" and "free speech" are indeed cheap veneers Prachatai & Co. uses to mask their political agenda.

http://landdestroyer.blogspot.com/2011/08/exposed-indy-newspaper-funded-by-us.html

As you've been told countless

As you've been told countless times before, it's not that people disagree with you, it's that you're a bore. And probably barking mad...but certainly a bore of titanic proportions.

The topic is Akong sending

The topic is Akong sending death threats - and the UDD using his case as a political football until realizing he really committed a punishable crime - under any nation's laws - then shamefully backpedaling in all directions.

http://landdestroyer.blogspot.com/2012/05/breaking-thai-political-prisoner-guilty.html

Calling someone a "bore" and "barking mad" and thus somehow justifying their censorship - again reveals the level of immaturity and hypocrisy amongst Prachatai's readers.

http://landdestroyer.blogspot.com/2012/01/us-funded-rights-advocate-censoring.html

How is anyone supposed to take you seriously as "left," or "progressive," when you just as eagerly silence critics as your opponents are claimed to be doing?

If I wasn't here, all you'd be doing is sycophantically agreeing with each other - that all of you gang up when any contrary opinion is proposed, and Prachatai itself intervenes with inexcusable censorship proves this entire exercise is politically motivated with but the trappings of a human rights advocacy agenda.

It IS funded by the US State Department and the absolute scum of society - people who overtly stand contra to everything "human rights" and "progressive."

http://landdestroyer.blogspot.com/2011/08/exposed-indy-newspaper-funded-by-us.html

Explain why a left-leaning website is funded and backed by right-wing Neo-Con warmongers... we'll wait.

TC says: "The topic is Akong

TC says: "The topic is Akong sending death threats." Sorry to rain on your party for one TC, but that is yet more of your crap. Go to the top. The topic is a group of writers commenting on the death of an old, sick man.

They begin: "The utterly sad thing about being human is to mistake wrong for right, seeing evil deeds as maintaining justice because one is so misguided as to see oneself as superior to others."

Perhaps you can meditate on that.

He's deaf to criticism

He's deaf to criticism because he is a propagandist. As Goebbels knew, the best propaganda is a repetitious lie.

If they are, why is it that I

If they are, why is it that I am responding to hundreds of them? Is this your whole loser life?

Being guilty would be better

Being guilty would be better proven if proven. Being guilty out of a process of elimination resulting in Ah Kong's "had to be guilty." Yes, he must have done it...but the proof? Surmised. Supposed. Assumed. Now he's dead and his detractors making excuses for the people that committed this real crime - especially in a cowardly anonymous way, won't hold water. Come out of the closet, Tony.

Akong sent death threats-

Akong sent death threats- his lawyer tacitly admitted to Pravit himself that the SMSs were sent by him - but claimed they were only "insults" not threats - but now we know, as lawyers are known to do - he lied - they were DEATH THREATS - a crime in any country.

And leave it to you Frank - a professional at misdirection, to change this from an issue of you backpedaling over whether it was an issue of free speech or not - to now that we know it was death threats - a matter of "did he even do it or not?"

Well. YOU were the ones arguing for months that he was guilty of simply sending SMSs - that this was about LM and putting people in prison for simply speaking their minds, and only changed your tune NOW that we know the content of the SMSs were indeed CRIMINAL.

http://landdestroyer.blogspot.com/2012/05/breaking-thai-political-prisoner-guilty.html

Now you make this an issue about my identity? What does my identity have to do with the factual content of Akong's SMS's or the fact that you have demonstratively backpedaled on what this debate was even about?

Clearly my "identity" is yet another attempt to misdirect the debate - grow up Frank - for God's sake you are a man physically in your 50's or 60's but intellectually you never left the playground.

And ironically Frank - in

And ironically Frank - in this very thread - you were claiming Akong was in jail for simply speaking his mind!!! Well, threatening to kill people is not protected free speech in ANY country. It is a crime punishable of up to 20 years in jail in the United States - and that's just threatening another citizen - Akong made his threats against Thailand's head of state AND his entire family!

Now you are saying it wasn't about free speech or Lese Majeste, after months of non-stop howling and railing, between you, Prachatai, and Thaksin's Nititrat racket all holding Akong up as a martyr of free speech, and instead an issue of judicial proceedings?!

Do you see why it is difficult to take you seriously? Now one more chance.... is this about free speech and LM? Do you want to defend making death threats somehow? Or is this a matter solely of judicial proceedings? Are you, Prachatai & Co. prepared to make a public statement that you were all WRONG this whole time and do the right thing? Or continue riding the corpse of this old man to advance your political agenda?

No, I was wrong, TC is

No, I was wrong, TC is repeating the claims he made earlier about 20 years jail. He has been shown to be wrong on this so now it is simply pathological lying and propagandizing nonsense he's wallowing in.

BTW, have you given up on your claim that Rachadamnoen = Rachaprasong? That was just another sleight of hand to make a lie, right?

As predicted above: He'll

As predicted above: He'll simply repeat all his swill again. He has. His earlier claims have been shown to be rubbish and concoctions so he's now back to repetition of things he's said for a year now. Evidence in shreds, so shout louder. In the playground of propagandists.

Akong sent death threats - he

Akong sent death threats - he admitted he was at UDD rallies at the time - it was his phone. His threat that specific individuals "were going to die" constituted a threatening communication that would have landed him for years in jail in ANY country.

http://landdestroyer.blogspot.com/2012/05/breaking-thai-political-prisoner-guilty.html

I have proven that - and you yourself have proven that. I said Akong would have gone to jail for 20 years, you simply claim 10 years - so somehow I am a "rubbish concocting" lair. Either way Akong would have died in jail, be it 20 years, 10 years, or even A YEAR.

You claimed specifically Akong never went to any rally. I proved he did - to several actually - and using your own Thai Political Prisoners claptrap as a source. You claim he never sent any SMS's but you've all been calling him "Uncle SMS" for months.

We can see your tactic - introduce any doubt, however insignificant and then try to flush the whole argument out with vigorous, though baseless ad hominem attacks - and then top it off with claiming I'm the "propagandist!"

But ....

.... anyone who actually wants to believe you - and wants to do so objectively rather than sycophantically are most likely disappointed at the lack of evidence you make all of your broad, baseless claims with.

You might want to take the intelligence of your audience into consideration and understand that every time you make a claim without evidence, you are basically saying you believe readers here all to be stupid and narrow minded enough to accept such an argument.

It is unacceptable. Put up or shut up. You want me to talk about the ruling in Akong's case? I wrote two full articles about it and how the ENTIRE SYSTEM is flawed. That he should NOT have been charged with LM but for whatever crime (we now know it was death threats) that he committed. Same goes for Somyos - he is overtly guilty of death threats and treason/insurrection - charge him for that.

http://landdestroyer.blogspot.com/2011/11/exposing-wall-streets-human-rights.html

Oh Tony, you are such a

Oh Tony, you are such a predictable looney. If it was a lie the first through twentieth times you said it, it remains a lie the 200th time.

Was I right in predicting your swill would be repeated again? Of course I was.

Looney fabrication 1: Akong sent messages. That is your guess. Even the court couldn't prove it. You are a pathological liar on this.

Looney fabrication 2: "His threat that specific individuals "were going to die" constituted a threatening communication that would have landed him for years in jail in ANY country." That is a lie you keep repeating too. I have shown several times that this is NOT the case. I have referred several times to Wikipedia on threats to the US president which demonstrates you are wrong, but you keep lying.

Looney fabrication 3: "I have proven that - and you yourself have proven that. I said Akong would have gone to jail for 20 years, you simply claim 10 years...". A lie. Read the material. Can you read simple English or not? See the Wikipedia post on interpreting the law.

Looney fabrication 4: "You claimed specifically Akong never went to any rally." I have corrected you on this several times, so now it is a malicious lie. But then you are always malicious in your lying. I never said anything of the sort. As I have said and you maliciously ignore, Amphon attended both red and yellow rallies. He also said he loved the king. Your arse is on fire on this one.

Looney fabrication 5: Fooling yourself that you are an intelligent commentator rather than a lying peddler of extremist swill.

Here's another one of TC's

Here's another one of TC's complete lies demonstrated. It is so much fun pointing this crap out. TC says: "Akong sent death threats - he admitted he was at UDD rallies at the time - it was his phone."

We all know that the claim that Amphon sent anything wasn't proven in court, but the claim that propagandist TC has repeatedly made is that Amphon sent the messages on his phone while at a UDD rally in the city. Here's a comment from the Nation on the trial (http://www.nationmultimedia.com/politics/Oddities-abound-in-Amphons-trial-and-jailing-30181989.html): "The four text messages were sent via an SMS substation located near Amphon's home." The report is also clear that it could not be proven that Amphon (or any one else in the area) sent the messages, and all of that matches the trial information.

My prediction is that TC will not apologize for his lie, but will now say: "You show the message was sent from Amphon's home." He always manipulates the facts to concoct his propaganda.

Once again, TC is unequivocally demonstrated to be a liar and vile propagandist.