No Human Rights Violations Because No Violence?

BANGKOK, Thailand -- Coup-installed junta leader Prayuth Chan-ocha said he does "not violate any human rights" because he is not using violence to enforce his edicts including a new crackdown against anti-regime jokes, political comments on Facebook, and subversive graphic T-shirts.

After twice meeting President Obama during trips to California and Washington DC this year, Prime Minister Prayuth shrugs off U.S. and international criticism of his regime but promises to enforce his absolute power without brutality.

"Exercising my power must not violate any human rights. By 'violate,' I mean using violence," the coup leader said on May 3.

"We never touched them at all, because we have always been careful.”

Mr. Prayuth was describing his junta's treatment during the past two years against dozens of political dissidents who suffered arrests, week-long "attitude adjustment" detentions in military camps, and longer imprisonment for civilians convicted in Bangkok's Military Court.

"Some people keep violating the laws. They get released, they get arrested, they get released, they get arrested, it just kept going like this.

"Let me ask you, does it damage the justice system under my [regime]? I think so," Mr. Prayuth said according to the government-owned Thai News Agency.

Eight people -- popularly dubbed "The Facebook 8" because of their Facebook media activity -- are the latest to be charged in the Military Court for alleged incitement under the Criminal Code and violating a harsh Computer Crime Act which punishes illegal political and other online activity.

Each charge can result in several years imprisonment. The eight were arrested in their homes on April 25.

Most of them were allegedly involved in a satirical "We Love Prayuth" Facebook page.

"Just because I am a citizen mimicking the junta, should I be detained?" Supachai Saibut, 30, told the Bangkok Post during a prison interview.

"In other societies, mimicking or joking about the leaders is not a crime," said Harit Mahaton, 25, another Facebook 8 detainee.

"We're creeping towards '1984'," said former Senator Jon Ungpakorn after those arrests, comparing the late British author George Orwell's novel about total control in a dystopian society to Thailand's eavesdropping on unencrypted Internet and telephone activity.

"It's an era where the state intentionally records private conversations between two people in order to mete out heavy punishment of up to 15 years," wrote Mr. Jon, who frequently challenges the junta's domination.

"If the state can eavesdrop on the conversations of every household, family members will always have to be careful when speaking, and privacy would be eliminated.

"This is not just a dictatorial system, but goes way beyond," the former senator said on May 6.

Thai journalist Pravit Rojanaphruk is banned from traveling abroad after twice undergoing the regime's dreaded "attitude adjustment" for his political writing during the past two years.

"Short of shutting down Facebook and Twitter in Thailand, or dragging tens of thousands of netizens to prison, this 'war" waged by the junta is one they can only win through fear," Mr. Pravit wrote on May 7 in his KhaosodEnglish.com column.

A taboo screenshot, purportedly from the "We Love Prayuth" Facebook group, showed digitally altered, satirical pictures of the junta's five top leaders.

A politicized Buddhist monk who supports them was portrayed wearing a Darth Vader head mask.

Kong Rithdee, a popular Bangkok Post columnist who examines Thai society, also wrote about the Facebook 8 and other detainees: "Mockers jailed, jokers scolded, caricaturists threatened, sometimes by words, sometimes by pre-dawn commando raids, without warrants, as if they were hunting armed terrorists.

"Thailand is in such a fragile state that humor is now a matter of national security that it requires swift detention of jokers," Mr.Kong said.

Some Facebook 8 supporters scheduled a small event at Bangkok's prestigious Thammasat University titled: "Making Fun Is Not A Crime.”

Mr. Prayuth arranged for himself to become prime minister after seizing power in a bloodless military coup on May 22, 2014 when he was army chief.

He toppled an elected civilian government while it was replacing former Prime Minister Yingluck Shinawatra amid crippling, pro-coup occupation blockades and violent street clashes.

The coup was necessary to stop the violence and "reform" Thailand's "corrupt" political system, Mr. Prayuth said at the time.

The royalist military's putsch was supported by so-called "old money" aristocrats, much of Bangkok's middle class, southerners and others.

A few weeks ago, to strengthen his forces, Mr. Prayuth gave extensive policing powers to Thailand's U.S.-trained military.

Army, navy, air force other security forces who are ranked sub-lieutenant and higher are now allowed to arrest, investigate and detain anyone they suspect of illegal activity, and confiscate their property, without a warrant or other judicial or legislative oversight.

"We continue to urge the Thai government to limit the role of the military in internal policing and to allow civilian authorities to carry out their duties," U.S. State Department spokeswoman for East Asia, Katina Adams, said on April 4.

Military officers used their new policing power to arrest the Facebook 8.

Mr. Prayuth's escalating enforcement includes muzzling public expression either for or against his chosen draft for a new constitution.

The junta created a controversial 239-article draft constitution to replace a more liberal charter which Mr. Prayuth abolished.

The draft constitution was recently unveiled so it can be voted on in a nationwide "yes" or "no" referendum on August 7.

The latest constitution will be Thailand's 20th charter since 1932.

A dozen military coups have resulted in the tearing up of previous constitutions, while other charters were enacted after political disagreements.

Similar to Thailand's previous constitutions, the draft does not forbid the military from staging future coups.

"That is considered out of our hands and basically those that tear it up, we have no control over," said Norachit Sinhaseni, a member and spokesman of the junta's Constitution Drafting Committee.

Defenders of the draft say it will bring prosperity to this Buddhist majority Southeast Asian nation -- a staunch U.S. treaty ally -- by ensuring tight control to stifle divisive political confrontations.

"I feel that in Thailand, when people feel that they have the freedom, sometimes there are groups that take advantage of it and push it, I should say, to the limit, maybe exceeding the limit, and just using that opportunity for causing disturbance," Mr. Norachit said during his news conference on April 27 at the Foreign Correspondents' Club of Thailand.

The draft limits elected politicians' powers by shifting more control to a fully appointed 250-seat Senate and an enhanced Constitutional Court.

The draft also makes it difficult to amend the constitution and allows appointment of an unelected prime minister.

National elections may be allowed in 2017 for Parliament's 500-seat House of Representatives.

The Election Commission said on May 4 it is illegal to sell T-shirts and other items bearing pictures or slogans about the draft referendum.

"Images promoting the T-shirts...must be removed" from websites where they are offered for sale for about $9, Election Commissioner Somchai Srisuthiyakorn told reporters.

Those T-shirts violate a new Draft Referendum Act which warns: "Anyone who publishes text, images or sound, through either newspaper, radio, television, electronic media or other channels, that is either untruthful, harsh, offensive, rude, inciting or threatening, with the intention that voters will either not exercise their right to vote, or vote in a certain way, or not vote, will be considered as a person creating confusion so that the vote will not proceed properly.”

Violators face 10 years imprisonment.

People who write, or link to, illegal political content on Internet -- including about the referendum -- and "those who press 'Like' for [Facebook] messages and images that violate the law, will also be penalized," the Bangkok Post reported on April 30.

"These laws do not impinge on general freedom of expression -- which we believe to be a fundamental element of a democratic society -- as long as such expression does not undermine public order and social harmony," the Foreign Ministry said in a five-page document.

The document was distributed to foreign governments through Thailand's embassies on April 20 and posted online at the Thai Consulate in Chicago, Illinois.

http://www.thaiconsulatechicago.org/uploads/Thailand%20Towards%20Reform%20Apr%202016.pdf "In recent days, a certain individual has acted in violation of those laws -- and repeatedly so, despite warnings from the authorities," it said, apparently referring to former Prime Minister Thaksin Shinawatra.

Mr. Thaksin was ousted in a 2006 military coup and is now an international fugitive dodging a two-year prison sentence for corruption committed during his administration.

He occasionally blasts the junta through Skype and other online broadcasts relayed to supporters and monitored by authorities.

"During much of the past 10 years in Thailand, our democracy often fell prey to unscrupulous politicians," the Foreign Ministry said, describing Mr. Thaksin's relatives and allies who were repeatedly elected by "mistakes" and "political merry-go-rounding.”

"Flowers are symbols of happiness," Mr. Thaksin's sister, former Prime Minister Yingluck, said on May 8 on her Twitter account @PouYingluck above a photo of her holding a bouquet.

"May I send happiness & moral support to all my fanpages & all who love democracy," Ms. Yingluck's Twitter post said.

Mr. Thaksin said Mr. Prayuth "should admit his faults and change to be right.

"Instead, he blames me for hiring lobbyists to convince foreign countries to boycott Thailand," Mr. Thaksin said on April 22 on his own Facebook page.

Mr. Prayuth has not revealed what he will do if the draft constitution is rejected by a majority "no" vote or if the result is rigged against it.

"In that case, it is I who will have the power to decide what to do," Mr. Prayuth told reporters on April 11.

"Do you understand the word 'power'? It is I who will decide what to do.”

***

Richard S. Ehrlich is a Bangkok-based journalist from San Francisco, California, reporting news from Asia since 1978, and recipient of Columbia University's Foreign Correspondent's Award. He is a co-author of three non-fiction books about Thailand, including "Hello My Big Big Honey!" Love Letters to Bangkok Bar Girls and Their Revealing Interviews; 60 Stories of Royal Lineage; and Chronicle of Thailand: Headline News Since 1946. Mr. Ehrlich also contributed to the chapter about "Ceremonies and Regalia" in a book published in English and Thai titled, King Bhumibol Adulyadej, A Life's Work: Thailand's Monarchy in Perspective.

His websites are

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