US embassy cable - 05BANGKOK1774

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 001774 
 
SIPDIS 
 
DEPARTMENT FOR EAP/BCLTV 
 
E.O. 12958: DECL: 03/10/2015 
TAGS: PGOV, PHUM, TH, Political Parties 
SUBJECT: OPPOSITION MEMBER OF PARLIAMENT FACES LESE MAJESTE 
CHARGES 
 
 
Classified By: Political Counselor Robert J. Clarke, Reason: 1.4, (b) 
 
1. (U) Summary.  A respected opposition Member of Parliament 
(MP), Khunying Kallaya Sophonpanich, has been summoned for 
questioning by Thai police on charges of lese majeste.  Four 
others were questioned, including Democrat Party 
parliamentary candidate Thanom Onkhetpol, who lost in the 
February 6 general election, and three party workers.  The 
charges are based on a complaint filed by the government Thai 
Rak Thai (TRT) Party candidate who opposed Thanom and who 
reported to police in mid-January that Democrat Party (DP) 
campaign stickers reportedly used by Thanom illegally quoted 
Thailand's revered King and Queen.  End Summary. 
 
2. (U)  On March 8, Khunying Kallaya Sophonpanich, Thanom 
Onkhetpol and three Democrat Party workers appeared at the 
Metropolitan Bangkok Police Division 1 at the request of the 
police and public prosecutor, who are investigating lese 
majeste charges filed against them by Thai Rak Thai MP Sita 
Divari.  The accused appeared with former DP Party Leader 
Banyat Bantadtan, who recently stepped down following his 
party's defeat in February 6 general elections.  Also present 
was DP MP and prominent defense attorney Phichet 
Phanvichartkul.  (Note: The DP won only 96 of the total 500 
seats in the lower house of Thailand's Parliament.  The 
ruling TRT party won 377.  End note.) 
 
3. (U) Under the Penal Code of Thailand, "Whoever defames, 
insults or threatens the King, the Queen, the Heir-apparent 
or the Regent shall be punished with imprisonment of three to 
fifteen years."  The charges in this case are based on 
campaign stickers (reportedly similar in size to a US style 
bumper sticker) printed and paid for by the local office of 
the DP in Bangkok's Klong Toey constituency. Three quotes are 
used in the stickers, according to newspaper accounts.  The 
first is an excerpt from a speech given by Queen Sirikit, 
"Poverty is no disgrace, while evil and fraud are disgusting 
and disgraceful."  The other two excerpts are from speeches 
given by King Bhumibol. "The richer people are, the more they 
cheat," and "Anyone who cheats (or is corrupt), even just a 
little bit, may that person be cursed." The complaint by MP 
Sita apparently alleges that the DP did not receive 
permission to print the quotes and that the DP is using the 
revered words of the monarchy for political gain. Khunying 
Kalaya is accused of ordering the printing and distribution 
of the stickers in the role of senior politician assisting 
the campaign of Thanom. 
 
4. (U) It's unclear to most legal experts how this can be 
construed as defaming the monarch as the quotes are taken 
from public speeches and there is no prohibition on quoting 
the King or Queen in public.  Initial news reports indicated 
that the stickers actually had no political party 
identification, although Poloffs have never seen the stickers 
or even pictures of them.  In fact the stickers have never 
been shown up close in public, since anyone who now shows the 
stickers could also be accused of lese majeste.  The police 
stated they had already interviewed 18 witnesses before 
questioning the accused.  After taking statements of the 5 
persons named in the complaint, the public prosecutor could 
now decide whether to ask the police to issue arrest 
warrants. In that case, Khunying Kalaya would be immune from 
arrest during parliamentary sessions. 
 
5. (U) Khunying Kalaya, who had the title of "Khunying" 
bestowed on her over 10 years ago in part in recognition of 
her philanthropic works through Royally-sponsored projects 
for children's' books and encyclopedias, appears undeterred 
in her efforts to fight the charges.  During a local 
television interview on the front steps of the police station 
where she was interrogated, Khunying Kalaya stated, "I will 
be put in prison or even die in order to uphold justice and 
the preservation of a true constitutional monarchy." 
Democrat party leader Abhisit Vejjajiva earlier pledged to 
cooperate with the investigation but expressed concern that 
evidence used by the police had not been presented to the 
Democrat Party or their lawyers in order to help them mount a 
fair defense. 
 
6. (C) Comment:  Use of this arcane but very important tenet 
of Thai criminal law by a government parliamentary candidate 
for political retribution is disturbing.  This tactic, which 
likely had to be approved at the highest levels of TRT 
leadership to proceed this far, seems unnecessary and 
vindictive after the TRT electoral landslide and surprise 
sweep of the MP constituency races in Bangkok.  We are 
watching closely as someone clearly dedicated to Thailand's 
revered monarch and to public service is drawn into a legal 
spectacle.  Privately, many Thais have expressed to us their 
hope that Khunying Kalaya's palace connections will find a 
way to have the charges dropped.  End comment. 
 
BOYCE