UN Letter to Thai Government: UN Experts “Alarmed” by Record-Breaking 50-Year Prison Term under Thailand’s Lèse-Majesté Law

On 13 March 2024, UN Special Procedures submitted a joint letter of allegation to the Thai government concerning the use of the lèse-majesté law by Thai authorities to prosecute individuals who expressed opinions deemed to be critical of the Thai monarchy. In particular, this letter came after the Thai Court of Appeals Region 5 sentenced a Thai activist and clothing vendor to 50 years in prison simply for publishing posts on Facebook about the Thai royalty.

Earlier this year, on 18 January 2024, “Busbas” Mongkhon Thirakhot was sentenced to a record-breaking 50-year prison term for sharing 27 posts on Facebook that were alleged to violate the country’s lèse-majesté law. This law, found in Section 112 of Thailand’s Criminal Code, enforces a minimum sentence of 3 years and a maximum sentence of 15 years for any act that defames, insults, or threatens the King, Queen, Heir-apparent, or Regent.

During the 18 January 2024 verdict hearing at the Ratchada Criminal Court, the Court of Appeals Region 5 extended Busbas’ original sentence of 28 years by an additional 22 years, as the Court found 11 additional counts of lèse-majesté that the Court of First Instance initially dismissed. This record-breaking event has attracted attention from many international news organizations, including The New York Times, BBC, The New Zealand Herald, The Guardian and Reuters.

This article explains who Busbas is, his actions that resulted in the lèse-majesté conviction, and the details of the recent UN communication to Thailand.

Who is “Busbas”?

Mongkhon Thirakhot, nicknamed “Busbas,” is a 30-year-old online clothing seller, pro-democracy activist, and human rights defender from Chiang Rai Province in Northern Thailand.

Over the past decade, Busbas has become a prominent pro-democracy advocate, fighting for human equality and arguing that Thailand’s lack thereof should be freely criticized. In 2018, he began his political activism by publishing a series of social media posts criticizing then-Prime Minister Prayut Chan-o-cha and the government.

Busbas’ advocacy increased during the 2020 youth-led pro-democracy movement. At that time, he began expressing his opinions about the monarchy and Section 112 on stage in Chiang Rai. He also continued to study political history, reading books and listening to clips of academic discussions about the 1973 Thai student uprising (also known as the ‘14 October Event’). He found himself particularly upset by the Section 112 case of “Agong” Amphon Tangnoppakul, or Uncle SMS, an activist who died in prison during the first year of his 20-year sentence. This inspired him to further advocate for the revocation of the lèse-majesté law in Thailand.

On 12 April 2021, Busbas traveled to Bangkok to conduct a hunger strike in front of the Ratchada Criminal Court, demanding the right for bail for the people’s leaders of the youth movement. On the third day of his strike, 14 April,, Busbas was arrested for violating Section 112 of Thailand’s Criminal Code pursuant to an arrest warrant from Chiang Rai Provincial Court, in connection with his March 2021 Facebook posts.

As a result of his activism, Busbas has been charged in three separate cases under both Section 112 of the Criminal Code and Section 14 (3) (5) of the Computer Crimes Act B.E. 2550 (2007) .

Busbas is currently held in Chiang Rai Central Prison and lodged his appeal to the Supreme Court of Thailand on 15 May 2024.

What were Busbas’ Facebook posts?

Between 2-11 March 2021, Busbas published 25 posts on Facebook alleged to have been critical of the Thai monarchy. During the 10 days, he shared several videos on his account, including episodes 8 and 12 of John Oliver’s “Last Week Tonight,” in which Oliver, a comedian, mocked the Thai King, his wife, and their pet poodle; an episode of the Fox animated series “American Dad” in which characters stole items from the king; and “The Soul of a Nation,” a BBC documentary about the Thai monarchy.

On 8-9 April 2021, Busbus shared two more posts on Facebook, allegedly defaming the Thai King and Queen. These posts were discovered by the Chiang Rai police after Busbas’ original 14 April arrest due to additional investigations.

From 28-30 July 2022, Busbas published two additional posts allegedly insulting King Rama X. One of the posts included a statement that he would wear a black shirt on the King’s birthday.

Convictions and Bail Denials

Prior to his conviction by the Court of Appeals Region 5 on 18 January 2024, Busbas was subjected to around a week of pretrial detention. After his original arrest on 14 April 2021, Muang Chiang Rai Police Station’s deputy superintendent of investigations, Pol. Lt. Col. Phasakorn Sukha, issued an order refusing to grant him provisional release, on the grounds that the case has a high penalty rate, Busbas was accused of committing several counts of lèse-majesté, and his release may “hinder or damage the case’s investigation.”

The same series of events occurred after Busbas’ second arrest on 1 May 2021 for his April 2021 posts. . Both times, the deputy superintendent refused to grant bail, and further submitted a request to the Chiang Rai Provincial Court asking that Busbas remain detained for an additional 12 days. In spite of the superintendent’s requests, the Chiang Rai Provincial Court granted Busbas’ bail request in April and May of 2021, ordering his provisional release at THB 150,000 (approximately USD 4,200) with the condition that he was prohibited from committing other criminal offenses or causing any additional danger to society.

On 18 January 2024, the Court of Appeals Region 5 convicted Busbas of 11 additional counts of lèse-majesté (i.e., 22-year prison term), resulting in his record-breaking 50-year sentence. This was an addition to Busbas’ 2023 Provincial Court conviction of 14 counts of lèse-majesté ( a 28-year prison term).

On 30 October 2023, the Chiang Rai Provincial Court found Busbas guilty of two additional counts of lèse-majesté for his two Facebook posts published in July 2022. This case is currently pending appeal.

Busbas began his 50-year sentence on 26 January 2023. On 27 February 2024, he went on a hunger strike, joining the call for the Thai government’s release of all political prisoners. He fasted for a total of 58 days, ending on 24 April due to physical exhaustion, and continues to advocate for the cause.

What did the UN Special Procedures say about Busbas?

On 29 January 2024, on behalf of Busbas, Thai Lawyers for Human Rights (TLHR) submitted a communication to:

Special Rapporteur on Freedom of Opinion and Expression
The Special Rapporteur on Freedom of Peaceful Assembly and of Association
The Special Rapporteur on Human Rights Defenders
The Special Rapporteur on the Independence of Judges and Lawyers for a Letter of Allegations

In the communication, TLHR emphasized the Thai government’s failure to adhere to international human rights standards in prosecuting Busbas under Section 112. In the communication, TLHR detailed Busbas’ current situation, and requested that the UN call on the Thai government to drop Busbas’ charges, release him from prison, and comply with the standards set forth in the ICCPR.

In response to TLHR’s communication, the UN Special Procedures issued a 13 March 2024 joint letter of allegation to the Thai government, detailing their concerns about Busbas’ record-breaking prison sentence and the accompanying systematic patterns of harassment and targeting used against him.

“We are alarmed at the heavy 50-year prison sentence handed down to Mr. Thirakot, which appears to be in retaliation of his political activism online and offline, and the expression of his opinion about the Thai Monarchy. We are concerned at what appears to be a systematic pattern of harassment and targeting against Mr. Thirakot as a result of him exercising his right to peaceful assembly online and offline and exercising his right to freedom of expression. We are also concerned that a third case against Mr. Thirakot is pending and may carry heavy penalties.” (emphasis added)

The UN Special Procedures stated that Busbas’ sentence is a further example of the Thai government’s apparent abuse of the lèse-majesté laws. They alleged that the government misuses the provisions of article 112 to deter and oppress critics, activists, journalists, human rights defenders, and individuals wishing to express ideals critical of the monarchy.

They further expressed concern that Busbas’ allegations appear to follow a systemic pattern against dissent, characterized by the government’s arbitrary detention and legal proceedings against pro-democracy advocates. In turn, they touched on the third pending case (involving Busbas’ July 2022 posts), airing concerns about its potential outcome and the significant penalties it may result in.

“The extraordinarily high punishment of Mr. Thirakhot will have a severe chilling effect on the rights to freedom of peaceful assembly and the right to freedom of expression in Thailand, in particular in relation to political expression, including criticism of the Monarchy,”

The mandate subsequently displayed concern about the allegations of harassment against Busbas during his time in detention. The signers stated that these allegations appear to violate the international human rights standard enumerated in the Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).

Citing the Human Rights Committee in general comment no. 34 (CCPR/C/GC/34), the mandate explained that Thailand, as a state party to the ICCPR, must guarantee the right to freedom of expression. It referred to the Human Rights Committee’s explicit instruction that, “defamation laws must be crafted with care to ensure that they comply with article 19(3) and that they do not serve, in practice, to stifle freedom of expression,” and argued that all public figures, including monarchs, are legitimately subject to criticism and political opposition (CCPR/C/GC/34).

As a result, the UN Special Procedures reiterated its concerns about the non-conformity of Thailand’s application of Section 112 of the Criminal Code with international human rights standards. They requested that the Thai government provide observations within 60 days, including any additional information, the factual and legal basis for Busbas’ criminal charges and how they comply with human rights norms, and an indication of what measures the government has taken to align section 112 with article 19 of the ICCPR.

The 60-day deadline specified in the letter passed with no response from the Thai government.

The UN Special Procedures related prior concerns

UN human rights monitoring mechanisms have repeatedly raised concerns about the lèse-majesté provision of the Criminal Code. This is the UN Special Procedures’ ninth communication on Thailand’s lèse-majesté law since 2020.

The previous communications emphasized the incompatibility of the Thai government’s application of article 112 with article 19 of the ICCPR. The signers referred to the Working Group on Arbitrary Detention (WGAD)’s continuous findings that the current use of section 112 is inconsistent with Thailand’s international obligations.

The record-breaking nature of Busbas’ sentence

Prior to Busbas’ 50-year conviction, the record for a lèse-majesté sentence was held by activist Anchan Preelert, who was sentenced to 43 years in prison for violating section 112. Anchan, a 65-year-old woman, was charged for sharing audio clips on YouTube that were alleged to be insulting to the royal family. She was initially given a sentence of 87 years, but the court halved it when she pled guilty.