GENEVA, Switzerland (1 August 2024)–The Asian Forum for Human Rights and Development (FORUM-ASIA) is deeply concerned over the recent sentencing of pro-democracy activists Parit ‘Penguin’ Chiwarak and Arnon Nampa.
FORUM-ASIA is in solidarity with Penguin, Arnon, and all other human rights defenders who are facing royal defamation charges for merely exercising their freedom of expression and right to protest.
At least 1,954 individuals have faced prosecution for participating in political protests or expressing political opinions in Thailand since July 2020, according to the organisation Thai Lawyers for Human Rights. Among them, 272 individuals have been charged under the lèse-majesté (royal defamation) law in over 300 cases.
The case of Penguin
On 31 July 2024, the Bangkok Criminal Court sentenced Penguin to two years in prison in absentia. Penguin was found guilty of contravening Thailand’s lèse-majesté law, which punishes anyone who ‘insults’ the monarchy. On 1 August 2021, Penguin posted online an upside-down photo of the king paired with a caption which the court deemed to be in violation of the lèse-majesté law.
Penguin was also found guilty of violating the Computer Crime Act of 2007, which aims to address ‘undesirable’ online content. Penguin posted content on social media in August 2021, which was deemed defamatory to the royal family.
In February 2022, Penguin was granted bail after almost 200 days in detention while awaiting trials on multiple charges–including royal defamation and sedition–made against his protest activities. After Penguin failed to appear at the initial verdict reading on 25 June 2024, the court issued a warrant for his arrest. He is expected to face 24 more royal defamation charges.
The case of Arnon
On 25 July 2024, Arnon was sentenced to an additional four years in prison under the lèse-majesté law and the Computer Crimes Act.
The charges stemmed from two social media posts Arnon made between January and April 2021, in which he allegedly criticised the monarchy.
This marks Arnon’s fourth conviction. In September 2023, he was sentenced to four years in prison without parole for violating the lèse-majesté law through his calls for monarchy reform during a pro-democracy rally way back in 2020.
In January 2024, Arnon received another four-year sentence for royal defamation for his social media posts in 2021 which questioned the lèse-majesté law and advocated for people’s right to criticise the monarchy.
In April 2024, Arnon received an additional two-year sentence after the court ruled that he had defamed the royal family at a rally in August 2021. He was also found guilty of violating the emergency decree and the Disease Control Act, which were implemented due to COVID-19 restrictions. He was also reprimanded for using an amplifier in a public place without permission.
Arnon has been held at Bangkok Remand Prison since his initial sentencing in September 2023. Multiple bail applications have been denied. With this latest charge and sentence, Arnon’s total prison term now amounts to 14 years, with 10 more cases still pending.
In March 2024, several United Nations Special Rapporteurs expressed concern over Thailand’s use of lèse-majesté laws to convict and sentence Arnon. They stated that ‘criticism of the monarchy and speech proposing reforms and advocating for human rights should be protected and promoted in a democratic society.’ They unanimously urged Thai authorities to overturn Arnon’s conviction and to dismiss the remaining charges against him.
Call to action
These latest developments underscore the diminishing space for freedom of expression in Thailand.
FORUM-ASIA urges the Thai Government to overturn the sentences and to drop the pending cases against Penguin and Arnon.
We call for the unconditional and immediate release of Arnon and all other human rights defenders detained for merely exercising their freedom of expression.
We also demand the amendment or repeal of laws that restrict free speech.
