BANGKOK — The Criminal Court on Monday morning postponed until May 30 its verdict in the trial of lèse-majesté defendant and Prachatai webmaster Chiranuch Premchaiporn, citing the need to further study the situation to determine the most cowardly way forward.
“In the interest of delivering a decision that is the most spineless miscarriage of justice and best represents the long traditions of this court and Thai law in capitulating to whatever external forces are the most intimidating, the Criminal Court hereby announces its retreat into chambers for another 30 days,” the court statement read in part.
The announcement surprised many legal analysts, many of whom expected the court to act in the same way it has for 40 years, weakly surrendering to their fears of powerful monarchist institutions such as the Army and finding the accused guilty without regard to any legal evidence or logic.
“The decision of the court to not decide at all suggests that its fear of the other side has finally reached relevant levels,” said Thammasat law professor Preeyanuch Nappasomalart. “The court is now equally terrified of the forces of reform and justice in Thai society, which has resulted in a deadlock of fear.”
International condemnation may also have played a part in the court’s newfound environment of wimpiness. Court observers included diplomats from the United Kingdom and the European Union as well as activists from Thai Netizen Network, Human Rights Watch, the Asian Forum for Human Rights and Development, The Southeast Asian Press Alliance, Freedom Against Censorship Thailand, Amnesty International, Reporters without Borders, and others.
“The Criminal Court in particular, and Thai law in general, operate almost entirely on fear,” noted HRW representative Sunai Phasuk. “So if they’re scared of us, then it’s a good thing. Nothing else gets their attention.”
During the next 30 days, court officials are expected to carefully weigh the scary and bad things that might happen to them as a result of either a guilty or not-guilty verdict. According to legal experts, they will study the legal precedents of how institutions of Thai justice have been punished by power-brokers and popular uprisings in the past, and apply those learnings to the current case to determine the most cowardly, self-interested choice.
State prosecutors continue to insist that the content in the 10 postings for which Chiranuch was arrested insulted or defamed the King, the Queen or the heir-apparent under Section 112 of the Penal Code, the lèse-majesté law, and since these statements appeared on the webboards of prachatai.com, Chiranuch, as the webmaster, was liable, and that the Criminal Court should fear the extra-legal, hysterically reactionary hand of the military-royalist cartel above all.
However, in light of consecutive election victories by reform-based parties and the popular grassroots support for anti-establishment movements in recent years, the court may also be planning its cowardice for the long-term, by hedging its bets against the possibility of a major power shift.
In defending its decision to delay the verdict, a spokesperson for the court affirmed the court’s commitment to “Nation, religion, monarchy, and protecting its own ass.”
