Human rights lawyer and activist Anon Nampa has testified in court regarding his fifth royal defamation charge, with a verdict to be delivered on 3 December, insisting that his criticism was intended to modernise the monarchy. In four earlier cases, he received a cumulative sentence of over 14 years.

The Criminal Court on Thursday (31 October) held an examination of defence witnesses in a royal defamation case against the human rights lawyer Anon Nampa. Three witnesses testified: Anon himself, Asst Prof Somchai Preechasilpakul, lecturer at Chiang Mai University's Faculty of Law, and iLaw Director Yingcheep Atchanont.

This is Anon’s fifth royal defamation case, following his conviction in all four previous cases, which resulted in a cumulative sentence of 14 years, 2 months, and 20 days.

In this case, Anon faces charges under the royal defamation law and the Computer Crime Act over writing and posting a letter to King Vajiralongkorn on his public Facebook account on 8 November 2022. In the letter, Anon mentioned the King’s royal prerogative, which has been given increasing emphasis in the 2017 Constitution.

The activity in question was named “The People’s Letters” and initiated by the pro-democracy movement “Free People”. Other than Anon, four other activists were also charged with royal defamation in connection with this activity.

The indictment stated that the messages could potentially lead the general public to lose faith in and no longer revere the monarchy. Anon was also accused of disseminating false information, with the purpose of undermining the King’s reputation.

“We, the people, have gathered on numerous occasions to communicate and send messages to you, both directly and indirectly, in hopes that you would change your behaviour and become a King for all of us, as the system intended. However, you have shown no sign of change. On the contrary, you have tried to express dissatisfaction with these movements and have tried to make us seem like 'other citizens' in your eyes,” stated Anon in his letter.

Anon on Thursday testified that the content in his letter was based on former Prime Minister Gen Prayut Chan-o-cha’s statement that appeared online. The lawyer reiterated that the constitutional amendment allows the King to appoint and transfer royal officials by royal decree without the need for countersignature, and this could be done even while he is traveling abroad. He argued that this would undermine the principle stating that “the King can do no wrong.”

Anon repeatedly asserted that his and other protesters’ criticisms of the King were aimed at modernising the monarchy, remarking that although his action would be considered illegal in the end, it was merely the action of a person who witnessed something that goes against principles.

Yingcheep testified that some key amendments in the 2017 Constitution involved the King’s royal prerogative. Subsequently, after the Constitution was promulgated, other laws were amended accordingly, including those concerning royal assets, which later became the King’s personal assets.

Somchai testified that according to Section 6 of the Constitution, the principle that the King shall not be violated does not imply that the ordinary people cannot criticise; rather, it aligns with the purpose of countersignature, which protects the King from being sued by the general public. He asserted that, in this case, an offence regarding the royal defamation law must be strictly interpreted.

Anon has been charged with a total of 12 royal defamation charges, with four having reached a verdict. The verdict in this case is scheduled for 3 December. The lawyer has been held in detention pending appeal since 26 September 2023 and has been denied bail over 14 times.

According to Thai Lawyers for Human Rights, as of 10 September, at least 42 political activists are currently detained in prison, with 28 facing royal defamation charges.