Chotisak Onsoong and his friend are to hear the lèse majesté charges against them today (April 22) at 1.30pm at Pathumwan Police Station.

Prachatai: How has this come about?

Chotisak: On September 20, last year, we went shopping and saw a movie [in Central World shopping complex]. We didn’t stand up for the Royal Anthem [which precedes every movie in Thai cinemas], as I had usually not stood up. A man whose seat was two seats away from us turned to us, saying ‘Stand up’ [in English], as he probably understood us to be foreigners, but we sat still. He waited until the anthem finished, and then he went to call the cinema staff to deal with us, while the movie was starting. However, the staff didn’t do anything, but, instead, tried to calm him down. We later knew his name was Navamintr.

When he saw that the staff were doing nothing, he stood up and began to scold us. The things he said included ‘Get out’, and ‘You are Thai. Why don’t you stand up? Even foreigners do.’ I just said that I came to see the movie, and I felt fine; if he didn’t, he could just leave. He was angry, and hurled things at us, those movie handbills and stuff in his hands. He even snatched a popcorn container and water bottle from my friend’s hands to throw at us. When he paused to catch some breath during his rant, the audience clapped for him, and he then resumed. Finally, we could not stand it any longer, so we walked out, called 191, and waited for the police in front of the cinema.

When he came out after the movie finished, he was apparently taken aback, not expecting that we would take it seriously. The police took us all to the police station. We didn’t say anything between us. The police told me and my friend that if we pressed charges against Navamintr, he would press lèse majesté charges against us in return.

I discussed this with my friend, and we thought even if we were supposed to have broken the law, that man had no right to abuse us, and he could have lodged a complaint with the police in the first place. And our rights are also upheld by the law, so we pressed charges against him for physical abuse, damage to property, defamation, and coercion.

In fact, we didn’t file the charges that night, because the police said we needed to have medical checks before filing the charge of physical abuse. So we just had it recorded on the police blotter, and went to a hospital. We filed the charges on the next day.

On our complaints against him, the police have questioned us only once, and nothing has happened. I never heard about Navamintr’s charges against us until now. In fact, around December last year, some men claiming to be policemen visited my uncle’s house, and had a talk with my uncle. I didn’t know that it was directly related to this case. Recently the police called to tell us to go to hear the charges.

What were your reasons for not standing up?

If the law states that this is against the law, I will abide by the law, as the law has the real power over us. But I understand that it is not against the law, so I chose not to stand.

According to some people, to stand up for the Royal Anthem may not be required by law, but it’s a tradition.

Is this really a tradition? I remember reading an article, probably published on a website, that says previously the Royal Anthem used to be played after the movies finished, and no one bothered to stand, but just rushed out to go home. That was back in the reign of King Rama V, when the anthem was first introduced in theatres. The idea the anthem should be played before movies is even newer. So at what point are things considered tradition?

Talking about traditions vs. rights, one finds that there are many traditions which people do not follow, and no one seems to bother. If violators of tradition are to be punished, many more jails need to be built.

Traditions are man-made, not unlike laws. If they’re not appropriate, not right, anachronistic, or against people’s well being, they can be revoked.

Does the case and your family’s perception have any effect on you?

I’ve been a social and political activist, always involved in demonstrations. My family has got used to it, to a certain extent. They were quite alarmed, however, upon hearing about this, as this is a much bigger issue. I’ve just reassured them that this has a due process.

On web-boards, this has been very controversial.

Sometimes I got some comments, like ‘Get out of this country’. I tried not to react, but couldn’t help wondering if I did not also belong to this country. Those who have produced and built this country are the people, aren’t they? The people own this country. And how can it be that I, as one of the people, cannot live in this country?

What is your line of fight for the case?

For the legal case, it has to follow the rule of law. I’ve sought for help from the Lawyers’ Council, and they provided lawyers for me. And I’ve also consulted with my lawyer friends. My friend has received assistance from Muslim lawyers, as her line is different from mine.

And we insist that it’s our right not to stand. Not standing is not a crime, and it is not an act of insult. We’re going to launch a public campaign about this.

Have any human rights organizations paid attention?

So far, no. But I’ve talked with friends who work for human rights organizations, privately though. I’m considering submitting a petition to the National Human Rights Commission, but don’t have any expectations, because it is hopeless, as far as its past role is concerned. But probably I will, as I want to find out how the NHRC will deal with this particular issue.

Have you studied any lèse majesté verdicts in the past to compare with your own case?

There were similar cases. For example, in 1979, there was a supreme court verdict giving a jail sentence to a man for not standing up and saying, ‘What song is this? Don’t understand a word.’ This is unlike my case where, even though I didn’t stand, I respected the rights of those who wanted to stand. I gave them my respect for their ritual observance by choosing to sit still.

Your letter to the Lawyers’ Council states that the lèse majesté law brings about political persecution. What is your proposal regarding this law?

This law should be revoked, really, because so many people have been affected by it. Lèse majesté allegations have been very politicized. Sondhi Limthongkul has been accused of this by the pro-Thaksin camp, and Thaksin et al have also been accused of this. This offence carries a severe penalty, as much as 15 years in jail, but it has been exploited, and its interpretation has become broader and more arbitrary to the point that one can easily find faults with one’s enemies, and accuse them of lèse majesté, so one doesn’t have to take any responsibility.

But if this law is to be kept, I think the royal family or the Royal Household should be the plaintiff, not anybody suing anybody freely like this.

What’s your aim to fight this legal battle?

My lowest aim is that not standing is not against the law. It’s possible. Not just get acquitted.

Have you prepared bail?

I’ve considered if I have to prepare bail. The police told us that if we went to hear the charges, they would not issue arrest warrants. But our lawyers said that the police could issue the arrest warrants. That would be a lot of money; 200,000 baht in cash each. Or guarantors who are civil servants with salaries of at least 20,000 baht.

Have you organized anything for your visit to the police station on April 22?

I will go there with friends, lawyers and reporters. At 1 pm, I will read my statement in front of the Pathumwan Police Station.

Related news:

Thai couple faces lèse majesté charges for not standing for royal anthem in cinema