Letter to Colleagues in all human rights organizations, From Mr. Somyos Preuksakasemsuk
From Bangkok Remand Prison
33 Ngamwongwan Rd., Latyao, Chatuchak, Bangkok 10900
Thailand
May 26, 2011
Subject: A plea for help and information about a political prisoner in Thailand
Dear Colleagues in all human rights organizations,
I have been working to uphold labour rights for a long time from 1981, when I was a student, until 2007 through the Center for Labour Information Service and Training (CLIST) established by me. Then, I chose to work as editor of “Voice of Taksin” in order to convey truths to society. I have been faithfully performing my professional media roles and offering my criticisms to the government policy. Prior to this, on May 24, 2010, I was deprived of my liberty and detained at the Adisorn Army Camp Saraburi Province. Such an act by the Thai state was tantamount to grave violation of my rights and freedom as well as my human rights. With campaign and pressure from allied organizations including your organizations last year, I was eventually released. Then, the government ordered the shutdown of “Voice of Taksin” including the printing house as well. I decided to launch a new magazine “Red Power” and have been determined to pursue the journalist career as well as operating my tour business to Cambodia.
1. On April 30, 2011, when I and more than 30 tourist clients were going through the Checkpoint, I was stopped by the official. I was informed that an arrest warrant had been issued against me. Then, I was taken into custody by the Department of Special Investigation (DSI) and only learned that the warrant was issued since February 15, 2011. Nevertheless, on February 20, 2011, I was able to cross the border into Cambodia and returned on February 22, 2011, safe and sound.
2. On Saturday April 30, 2011, I was brought to DSI headquarters in Bangkok and was not allowed to talk to the reporters who were waiting to interview me. Later, DSI’s Director General, Mr. Tharit Pengdit, held a press conference about my arrest claiming that I was busted while trying to escape to Cambodia. He objected my request for bail claiming I might run away. The charge pressed on me is a breach of Section 112 of the Penal Code regarding the defamation, insulting, or threatening of the King, the Queen, the Heir-apparent, or the Regent (lèse majesté) which is punishable for three to fifteen years in jail.
3. On May 2, 2011, DSI asked for the judicial order to extend my custody. Though I proposed properties worth 1.6 millions baht to the Court asking for bail, the Court ruled that “given the high penalty rate of the offence which is related national security and an offence committed against His Majesty the King, and considering that the case and the offensive act has brought about impairment to the reputation of the Monarchy which has been held exalted and imbued with deep respect and how people have been upset by such an act, coupled with that the alleged offender was nabbed while making an attempt to leave the country which could be deemed as an act of escape, should he be released temporarily, the Court fears he might just run away. Thus, the request for temporary is dismissed. And may the alleged offender and guarantor be informed of this order expediently”. The alleged offence in this case stems from the printing of an article by “Jitra Polchan” in “Voice of Taksin”, first issue of March 2010. According to the police, they have asked some “person of ordinary prudence” to read it first. And if the “person of ordinary prudence” deems the articles an offence, then legal action shall be commenced.
4. On May 2, 2011, I was taken to the Bangkok Remand Prison and upon arrival, my hair was cut short. I was put in Zone 1 behind the tight iron bars, or a “jail”. Loosing all my freedom, I am held in custody just by myself and am barred from communicating with the world. It causes me unprecedented and deepest grievances, physically and mentally.
If I were a criminal or a murderer who had caused someone to die, or had stolen from others, or had committed a grave immoral act, then I would have deserved such a punishment, as I had committed an offence or had caused trouble to others.
But I have simply been performing my role as a media person expressing my views independently, spreading the truths, and criticizing society and politics, as much as my basic freedom allows. I have utilized my journalist profession independently hoping to help advance our society and promote equality and to help my people attain well being.
I just perform my role as a medium to help people to express their views that are useful for society without fear, or without having to hide their thoughts.
As a result of my carrying out the duty and the pursuance of a my career with a free spirit and human dignity, I am accused and incarcerated and have to endure the suffering.
There are many other people who have become victims of the use of brute force, the narrow-mindedness, and selfishness simply to protect someone’s power and privileges.ผลของการทำหน้าที่
The suffering and the pains inflicted on me this time do not stem from just my being deprived of my freedom. But the pains and frustration derive from realizing how the law has been abused and applied unfairly against me and how the truth has been deviated in the most disgusting manner including how my request for temporary released has been denied simply because of the concern that I might flee abroad.
Prior to the arrest, it was not at all known to me that the arrest warrant has been issued on a charge concerning the defaming, insulting and threatening of the King, the Queen, the Heir Apparent or the Regent as per Section 112 of the Penal Code. Thus, I had been conducting my life normally living from hand to mouth, working from dawn to dusk and participating in social and political activities.
I am a professional journalist and run a tour business. On April 30, 2011, I was supposed to lead a group of 30 Thai tourists to visit the Angkor Wat in Cambodia. The trip has been organized every month. On that day, I just walked to the checkpoint to get my documents inspected as usual without any slight intention to run away.
Previously, I have been pressed with several charges arising from my political involvement, and I have never tried to escape. I have fought all the cases upfront as I believe in my innocence. And I do believe that there is still some remaining justice.
Running away is never a choice I ponder, though I know I will end up being jailed. I want to continue my fight against the corrupt power, the distortion of truth and the dictatorial power of the ruling class.
I might be subject to incarceration and punishment, but I am able to perform my duties freely for the benefit of society. I am ready to fight head on against the corrupt power, tough it might eventually land me in jail.
The problem does not stem from the desire of the people to have equality and justice. They simply want to seek fairness and democracy and to be able to express their views and criticisms toward the rulers who claim the highest moral ground in society. But the problem is there with the dictatorial law, Section 112 which is an unjust law and it has been abused to purge dissenting voices and curb people’s rights and liberties.
Many people have become victims of Section 112. They have been deprived of their freedom, arrested, jailed, accused, purged, or even killed brutally.
Thus, I have decided to take the lead to demand the revocation of Section 112 and formed the “Democratic Network to Compile 10,000 Signatures to Propose to the Parliament to Repeal Section 112”, according to a procedure prescribed by the 2007 Constitution.
Contents of Section 112 are vague and contain gaps that have been exploited by the corrupt people to suppress other people. In a society on the verge of clash, the arrest this time is tantamount to placing the monarchy in direct confrontation with the people.
Previously, several core leaders of the Red Shirts have been accused of committing lèse majesté, and community radio stations have been shut down and websites blocked to prevent people from getting the information. It has culminated in getting me arrested and this unjust legal action that ensues.
Thus, I am just a victim of the abuse of law, a victim in a political game in the fierce battle between the democratic movement and the dictatorship which may come through elections.
I am a target that the corrupt powers that be who proclaim their superior morality and charisma want to tame in order to keep them further with the corrupt power.
I would not be the last victim as long as we continue to live under the rule which is essentially a dictatorship, but is portrayed as a democracy to the world.
I shall fight for freedom until my last breath.
I’m willing to give up my freedom, but certainly not my humanity. (excerpt from the letter written by Somyos on May 2, 2011)
1. I have never considered running away. In my political struggle, I have been pressed with charges by governmental agencies including a libel case sued against me by Gen. Saphrang Kalanamitra, Former Third Army Area Commander. The General was one of the coup makers who committed coup d’état in 2006 and was later appointed as Deputy Executive Secretary of the Council of National Security (CNS). After fighting through normal justice process, I got a suspended jail term. In another libel suit by the National Anti-Corruption Commission (NACC), I fought until the case was dismissed. And until the arrest this time, I have been making my appearance in public normally.
2. In Thailand, workers are still subject to exploitation and labour unions’ roles have been suppressed. They are not allowed to advocate any political agenda. But if the labour unions do think of rising up, they may risk being accused of committing an offence as per Section 112, just like me. The right to report a lèse majesté case in Thailand is universal. And statistically, during 2008-2011, nearly 500 cases related to the offence have been admitted to the Court. Most of the defendants in these cases are supporters of the Red Shirt people. As a result, the prisons are now overcrowded and access to medical services is severely compromised. I am suffering a great deal from Gout (chronic painful inflammation of the joints) and inflamed wounds.
3. I am deeply appreciated of your effort to write a letter to ask the Royal Thai Government to have me and other political prisoners released. What I ask is simply a very basic right that should be accorded to a human being; the right to be temporarily released. I should have the right to believe and express myself as long as the act violates no one’s rights. And to ensure my right to self-defence, there simply is no reason to deprive me of my liberty. Please everyone; please help write to the concerned governments and agencies. I really look forward to my freedom and freedom for my sisters and brothers. Though my wellbeing during the incarceration has been take care of well by my friends in here, but no one wants to stay shackled for a long time. And after all, such detention is an exercise of abusive power by the state that infringes on human being’s basic freedom and human dignity. I aspire to attain the same freedom I used to have.
Yours in solidarity
(Mr. Somyos Preuksakasemsuk)
Written by Ms. Jittra Kotchadet, Former Chairperson of Triumph International Labour(Thailand) Union, currently adviser and an officer of the Triumph International Labour(Thailand) Union, Coordinator of Try Arm, during the visit to Mr. Somyos on May 26, 2011 at the Bangkok Remand Priso
The same letter can be found here: