http://www.englishpen.org/writersinprison/bulletins/thailandaustralianwritersentencedtothreeyears/
Thailand: Australian writer sentenced to three years
Published: January 20, 2009
English PEN is seriously concerned about the three year prison sentence handed down Australian writer Harry Nicolaides on 19 January 2009.
According to our information, Harry Nicolaides was arrested at Bangkok airport when he was about to board his plane to Australia on 31 August 2008 and was charged under Article 112 of the Criminal Code with 'lèse-majesté' (insulting the monarchy). On 19 January 2009, Nicolaides pleaded guilty to the charges against him at his closed trial at Bangkok's Criminal Court, and was sentenced to three years in prison. The judge told him that his confession had spared him a six year prison term.
The charge stemmed from a passage in Nicolaides' self-published 2005 novel Verisimilitude, which is considered to be insulting to the Thai king's eldest son. However, it has been reported that in the 226-page book, there are only three lines which refer to a Thai crown prince, and that he is not mentioned by name. Furthermore, it is said that only fifty copies of the book were ever printed, of which just seven were sold.
Harry Nicolaides, who has been detained since August 2008, has issued a public apology from his prison cell, and stated that he would like to have the chance to apologise to the Royal Family and explain. On 2 September, Nicolaides requested to be released on bail, but his request was denied. A further three requests for conditional release were also rejected.
PEN considers that this sentence is in breach of Article 19 of the International Covenant on Civil and Political Rights, which guarantees the right to freedom of expression and to which Thailand is a state Party. We are therefore calling for his immediate and unconditional release, and for the charges against him to be dropped.
'Lèse-majesté' laws in Thailand provides a prison sentence of three to fifteen years for defaming the king, the queen or the heir to the throne. Nicolaides is among a growing number of people to be prosecuted under this legislation, including Ji Ungpakorn, a political scientist and professor at Bangkok's Chulalongkorn university, who was charged by the police with 'lèse-majesté' on 20 January 2009. The Public Prosecutor will take the final decision as to whether to bring Ji Ungpakorn to trial. The charges are linked to a book Ji Ungpakorn published in 2007 entitled A Coup for the Rich about the military coup of 2006 in Thailand. (To read the book, please click here.) Ji Ungpakorn has called for the abolition of 'lèse-majesté' laws and has launched an online petition. To view the petition, please click here.
To see English PEN's previous alert on this case, please click here.
For more information on this case, please click here.
Please send appeals:
- Expressing serious concern about the three year sentence against writer Harry Nicolaides;- Calling for his immediate and unconditional release in accordance with Article 19 of the International Covenant on Civil and Political Rights, to which Thailand is a state party;
- Requesting that the Thai government decriminalises 'lèse-majesté legislation, which appears to stifle legitimate discussion of the monarchy and violate the right to freedom of expression.
Appeals to:
Prime MinisterSamak SundaravejThe Secretariat of the Prime Minister, Office of the Prime MinisterGovernment HousePitsanulok RoadDusit, Bangkok 10300ThailandFax: 66 2 280 0858Salutation: Dear Prime Minister
Minister of JusticeSompong AmornwiwatOffice of the MinisterMinistry of JusticeChaeng Wattana RoadPak Kred, Nonthaburi 11120ThailandFax: 66 2 502 6734Salutation: Dear Minister
Minister of InteriorPol. Gen. Kowit WattanaMinister of InteriorOffice of the Secretary to the MinisterMinistry of InteriorAssadang RoadPra Nakorn, Bangkok 10200ThailandFax: 66 2 226 4371Salutation: Dear Minister
If possible please send a copy of your appeal to the diplomatic representative for Thailand in the United Kingdom:
His Excellency Mr Kitti WasinindhRoyal Thai Embassy29 - 30 Queen s GateLondon, SW7 5JBFax: 020 7823 9695
*** Harry's brother, Forde, has been in touch with PEN centres in Australia. He writes: "The family and Harry are now focused on a royal pardon application, and we would like the foreign minister or Prime Minister, now that the legal preocess has finished, to take more active efforts in the ownership of the case and to oversee that the pardon application is expedited as quickly as possilble once it is lodged. The letter writing should continue direct to Mr Smith's office, so it becomes a key priority for him."
We are therefore also urging members to send letters of appeal to the Australian government, asking them to do all they can in hastening a Royal Pardon.
The Hon Stephen Smith
Minister for Foreign Affairs
PO Box 6022
House of Representatives
Parliament House
Canberra ACT 2600
Australia
The Hon Kevin Rudd MP
Prime Minister
Parliament House
Canberra ACT 2600
Australia
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