BANGKOK (BLOOMBERG) - Thailand's Constitutional Court ruled on Wednesday (Nov 10) that protester demands to reform the monarchy violated a provision in the military-drafted charter that bans any move to "overthrow" the royal institution.
A former adviser to the ombudsman brought the case against three activists in September last year. The plaintiff sought to show that the speeches near the start of a protest movement that began last year had expressed an intention to overthrow the monarchy, Thailand's most powerful institution.
"The monarchy is the key pillar that the kingdom can't be without. Any actions that seek to undermine or weaken the institution show intentions to overthrow the monarchy," the court justices said on Wednesday in a televised broadcast. "These actions could lead to violence and conflict in the country."
The speeches in question, made at two separate gatherings in August last year, were the first instances when protesters broke a long-held taboo in Thailand of publicly discussing and criticising the monarchy, whose senior members are protected by a criminal law banning royal insults.
The activists have denied any wrongdoing.
The verdict shows that the royalist political establishment is strongly against a long-simmering, youth-led protest movement calling for more accountability for King Maha Vajiralongkorn.
While there is no jail penalty or fines attached to the charge, a guilty verdict may embolden prosecutors to take more action against demonstrators, including several facing lese-majeste or sedition charges that carry steep jail terms.
Moreover, a guilty verdict could thwart any debate in Parliament over reforming the lese-majeste law. Pheu Thai, the largest party in parliament that is linked to exiled former premier Thaksin Shinawatra, joined fellow pro-democracy organisation Move Forward in calling for changes to the law, which mandates as many as 15 years in jail.
"The verdict simply shows that Thailand is continuing to prosecute anyone who would differ from the interest of the ruling elites," Dr Paul Chambers, a lecturer at Naresuan University's Centre of Asean Community Studies in northern Thailand.
"It shows that any anti-monarchy voices will be stifled."
The Constitution drafted under a junta led by former army chief Prayut Chan-o-cha, who stayed as prime minister following an election in 2019, allows any citizen to bring a complaint directly to the Constitutional Court if they suspect a person is seeking to overthrow the monarchy.
Two of the protest leaders who faced the verdict on Wednesday, along with dozens of other demonstrators, are currently being detained for separate charges related to political activism.
At least 1,636 people have been charged in cases related to the demonstrations and the political movement since mid-2020. Of this group, 154 face lese-majeste charges, according to data compiled by Thai Lawyers for Human Rights.
The protesters' demands for reform of the monarchy includes changes to lese-majeste, which authorities have used to silence political opponents. Other changes include separating the king's assets from the Crown Property Bureau as well as prohibiting the sovereign from endorsing military coups.
While the royalist-backed government has not budged on any of the demands, political parties that had long avoided issues surrounding the monarchy are now starting to speak up against the laws ahead of an election that could come in early 2022.
One of the key protest groups, United Front of Thammasat and Demonstration, has said proposing demands for reforming the monarchy is not the same as overthrowing the current ruler. The goal is to have a true democracy where political power belongs to the people, the group said.
