Australian Writer Imprisoned for Insulting Thai Monarchy

Australian Writer Imprisoned for Insulting Thai Monarchy

By Pei Hu
Impunity Watch Reporter, Asia

BANGKOK, Thailand – Under Thailand’s lese-majeste laws, Australian writer Harry Nicoladies was sentenced to three years in jail for insulting the Thai monarchy. Nicolaides’ sentence was reduced from six years to three years due to his guilty plea.

Nicolaides was arrested in August 2008 and he admitted to insulting the royal family but said he was unaware that he was committing an offense. The judge found Nicolaides guilty and told the court “[Nicolaides] has written a book that slandered the king, the crown prince and Thailand and the monarchy.”

Nicolaides’ charge stems from a self-published novel called Verisimilitude he wrote four years ago. The novel alluded to the crown prince of Thailand mistreating one of his mistresses. Verisimilitude was not widely circulated as it just sold seven copies and the only known existing copy is sitting on the self of the Thai National Library, freely available to the public.

Thailand has one of the most stringent lese-majeste laws in the world. Lese-majeste laws prohibit anyone in Thailand from insulting the royal family and carried up to a 15 year jail sentence. A growing number of people are being investigated and charged under these laws.

Giles Ungpakor a political commentator told reporters that “Lese majeste is being used to destroy free speech.” Critics of Thailand’s lese-majeste say the law is frequently abused by politicians because the complaint can be filed by anyone no matter or trivial the alleged insult is.

According to Jonathan Head, a BBC correspondent in Bangkok, Nicolaides has a good chance of getting pardoned by the King because he is a repentant foreigner. In the meantime, Nicolaides describes his time in jail “like a bad dream.”

For more information, please see:

BBC – Writer Jailed for Thai ‘Insult’– 19 January 2009

IW – Australian Author Denied Bail in Thailand– 13 December 2008

Reuters – Thai Political Analyst Charged with Insulting King– 20 January 2009

RSF – In Major Free Speech Violation, Australian Writer Gets 3 Years in Prison for Lese Majeste– 19 January 2009

BBC – Picture of Harry Nicolaides

U.S. finds Directives under Surveillance Act Amendments Lawful

On August 22, 2008, the United States Foreign Intelligence Surveillance Court of Review considered a petition asking for the court to review the constitutionality of certain “directives issued to the petitioner pursuant to a now-expired set of amendments to the Foreign Intelligence Surveillance Act of 1978.”  The petition asked the court to weigh the question of national security versus the right of privacy under the Fourth Amendment.  The court considered the complex legal issues involved in such a question and found that the directives were lawful.  The full opinion, by Chief Judge Selya, can be found here.

Foreign Leaders Criticize Fiji’s Interim PM for Not Attending Forum Meeting

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji – Foreign Affairs Ministers from New Zealand and Australia met yesterday to express their disapproval of Fiji’s interim prime minister, who announced he will not be attending the Pacific Forum meeting next week.

Murray McCully, NZ Foreign Affairs Minister, says that Fiji’s interim prime minister, Commodore Frank Bainimarama, was the primary focus of his meeting with Stephen Smith, Foreign Affairs Minister to Australia.

The Pacific Islands Forum has representatives from sixteen independent and self-governing states. The Forum was created to promote peace, harmony, security and economic prosperity within the Pacific nations. Fiji was one of seven founding members.

On Tuesday, Bainimarama said he will not attend next week’s Forum meeting in Papua New Guinea even though Forum leaders will likely discuss Fiji’s suspension from the group. Forum members have been dissatisfied ever since Bainimarama announced he will not make good on promises to hold democratic elections in 2009. In the Forum’s 30 years of existence, no member state has ever been suspended.

McCully and Smith say the interim prime minister should attend the meeting if only to explain the delay in restoring democracy to the Fijian people.

For more information, please see:
International Herald Tribune – NZ: Fiji may face more sanctions over no elections – 20 January 2009

Radio New Zealand International – NZ’s Foreign Affairs Minister disappointed Fiji’s interim PM will not be at meeting – 22 January 2009

The Sydney Morning Herald – Fiji’s coup leader defends summit stance – 22 January 2009

Bainimarama Dismisses Chairman’s Opinion of Fiji’s Political Situation

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

SUVA, Fiji– Fiji’s Prime Minister, Commodore Frank Bainimarama, has written to the Chairman of the Pacific Islands Forum and Premier of Niue, Toke Talagi, dismissing Mr. Talagi’s statements to Radio Australia’s Pacific Beat about Fiji’s political situation as ill-informed.

Mr. Talagi said that the region’s leaders must be careful when accepting Bainimarama’s election promises.  Bainimarama told the leaders in 2007 that Fiji will hold elections next year but has since said this will not happen.  Mr. Talagi said, “That’s part of the problem that I have as a chair of the Forum at the present time – the fact that if he’s not able to hold to his word then we’ve got to be extremely careful in determining when he promises to do things into the future whether he’s going to hold to that word as well.”

Bainimarama replied that Mr. Talagi has never been to Fiji to assess the realities on the ground not communicated with him in any substantial way about the political situation.  He says that the people of Fiji will decide their political destiny and future.  He also reiterated that Fiji will not return to parliamentary representation by March this year.

The attacks on Niue’s Premier come a week ahead of a special Forum leaders meeting in Port Moresby, Papua New Guinea to discuss Fiji’s political situation and its refusal to hold elections as promised.  Commodore Bainimarama is looking forward to meeting Mr. Talagi at the meeting.

For more information, please see:

Radio New Zealand International – Forum chair Talagi criticized by Fiji regime over post-coup stance – 19 January 2009

Islands Business – People will decide political destiny: Bainimarama – 19 January 2009

Fiji Times Online – Fiji must win leaders’ trust: Talagi – 09 January 2009

Bangladesh to Accept Illegal Migrants to Thailand

By Pei Hu
Impunity Watch Reporter, Asia

DHAKA, Bangladesh– India and Bangladeshi officials are cooperating to repatriate illegal migrants, also known as “boatpeople,” that made unsuccessful attempts to migrate to Thailand by sea. In the past two years, Thai officials have detained more than 5,000 boatpeople.

Allegations of the Thai navy of sending the boatpeople out into the high seas in boats without engines and with little or no food have caught international attention. In response, the Thai Prime Minister, Abhisit Vejjajiva, has said reports of abandonment at sea are “exaggerated” but promised an investigation team to probe the allegations.

Indian coastguards have rescued more than 300 boatpeople near Andaman Islands, and the Indonesian coastguard has rescued more than 200 more. Survivors say that over 500 migrants are still missing.

Some of the boatpeople are originally from Bangladesh. Many of the refugees are Rohingya Muslims originally from Arakan province in Burma. The Rohingya people face persecution and discrimination in Burma. Many of these illegal migrants seek work in Thailand and Malaysia.

Foreign Ministry spokesman Yeakub Ali said the Bangladeshi government is taking measures to repatriate the Burmese nationals that have been rescued out at sea. However, Bangladesh is more reluctant to accept Rohingya refugees. About 200,000 Rohingyas live in refugee camps in Southern Bangladeshand many have acquired Bangladesh citizenship.

Meanwhile the United Nations High Commission for Refugees (UNHCR) is demanding for the release of 126 Rohingya Muslims that are still in Thai custody. Earlier this week the Thai government denied UNHCR access to the detainees.

For more information, please see:

BBC – Bangladesh Accepts 57 Boat People – 22 January 2009

Economist – Thailand’s Burmese People Cast Adrift – 22 January 2009

IW – Thailand Mistreats Illegal Immigrants – 15 January 2009

Xinhua – Bangladesh to Bring Home Nationals Rescued in Indian Sea Coast – 30 December 2008–