By Greg Donaldson
Impunity Watch Reporter, Asia
BANGKOK, Thailand – Ampon Tangnoppakul, a retired truck driver was sentenced to 20 years in prison on Wednesday under Thailand’s controversial lese majeste laws for sending text messages offensive to Thailand’s monarchy. The sixty-one year old Tangnoppakul was known by his family and friends as “Grandpa” but now is known as “Uncle SMS” throughout the country.
The court ruled that the text messages sent to the then-prime minister’s private secretary defamed, insulted, and threatened King Bhumibol Adulyadej and his wife Queen Sirikit. However, the contents of the messages were not presented in court and remain unknown to the public. One of Uncle SMS’s lawyers, Poonsuk Poonsukcharoen, explained that Uncle SMS received five years in jail for each text message.
Since Uncle SMS was arrested last August he has proclaimed his innocence. In court on Wednesday Uncle SMS explained that he does not know how to send text messages, his phone was being repaired at the time the messages were sent, and he does not know Somkiat Krongwattanasuk (the then-prime minister’s secretary) or his cell phone number.
When reviewing the charges the court found that Uncle SMS’s defenses could not be proven and therefore were irrelevant according to the Bangkok Post. For example, the court decided it could not determine whether or not Uncle SMS knew how to send text messages or if he knew Mr. Krongwattanasuk’s phone number.
Uncle SMS also claimed that someone could have counterfeited the phone’s IMEI (International Mobile Equipment Identity) number to frame him. Two experts were brought into the trial to testify about the possibility of falsifying an IMEI number. One expert testified that an IMEI number could not be forged while the other expert said it was possible. The court found that Uncle SMS could not prove his cell phone number was tampered with and therefore the court did not accept his IMEI defense.
Critics of the lese majeste laws point to the speech the King gave on his birthday in 2005 to support their claim that such convictions are unjust. In the speech the King said “actually, I must also be criticized. I am not afraid if the criticism concerns what I do wrong, because then I know… But the King can do wrong.”
The tightening of lese majeste laws is also expanding to the internet. According to Human Rights Watch, Information and Communication Technology (ICT) minister Anudith Nakomthap said the ministry told Facebook to block accounts with lese majeste content. Over 60,000 URLs were blocked in October and November and government officials have warned that those who “like” offensive material to the King on Facebook could also be prosecuted under lese majeste laws.
For more information, please see:
Bangkok Post – The Saga of ‘Uncle SMS’ – 27 November 2011
The Guardian – Thai Facebookers Warned Not To “like” Anti-Monarchy Groups – 25 November 2011
AFP – Thai Man Gets 20 Years for Anti-Royal Texts 23 November 2011
New York Times – 20-Year Sentence for Text Messages Against Thai King – 23 November 2011
