Is Article 112 of Thailand's Criminal Code (Lèse Majesté) violating International Human Rights Law?
Article 112 of Thailand's criminal code states that anyone who "defames, insults or threatens the king, the queen, the heir-apparent or the regent" will be punished with a jail term between 3 to 15 years. But Article 112 conflicts with Article 19 of the ICCPR (International Covenant on Civil and Political Rights) upholding Freedom of Expression. Under the ICCPR, Freedom of Expression can be limited only under specific conditions. Limitations must be justified by the government as restrictive measures provided by the law and for the protection of national security, public order, or public health or morals - which Thailand does not comply with.
Demanding real democracy, justice, equality and respect for human rights is NOT an insult to the Monarchy.
Demanding a Monarchy that would be under a democratic constitution written by the People and for the People is NOT an insult to the Monarchy, but simply hopes for real democracy.
Due to the disproportionate prosecution of protest leaders through the current use of Article 112, Article 112 must be repealed and its use to crackdown on pro-democracy protesters must stop. UN human rights monitoring bodies including the UN Human Rights Committee (CCPR), and the Committee on Economic, Social and Cultural Rights (CESCR) have called for the amendment of Article 112 to comply with Thailand's international human rights obligations. Thailand has received 7 recommendations to repeal or amend Article 112 and end its abuse to limit Freedom of Expression during the second United Nations Universal Periodic Review (UPR) on May 11, 2016. Article 112 has been used to prosecute 14 pro-democracy leaders including
Tattep "Ford" Ruangprapaikitseree
Jatupat ‘Pai’ Boonpattararaksa
Panusaya ‘Rung’ Sithijirawattanakul
Parit ‘Penguin’ Chiwarak
Panupong ‘Mike’ Jadnok
Pasarawalee ‘Mind’ Thanakijwibulpol