Written by Ms.

Jittra Kotchadet, Former Chairperson of Triumph

International Labour(Thailand) Union, currently adviser and an
officer of the Triumph International Labour(Thailand) Union,
Coordinator of Try Arm, during the visit to Mr. Somyos on May 26,
2011 at the Bangkok Remand Prison

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Bangkok Remand Prison
33 Ngamwongwan Rd., Latyao, Chatuchak,
Bangkok 10900 Thailand
May 26, 2011
Subject: A plea for help and information about a political
prisoner in Thailand
Dear Colleagues in all human rights organizations,
I have been working to uphold labour rights for a long time from
1981, when I was a student, until 2007 through the Center for
Labour Information Service and Training (CLIST) established
by me. Then, I chose to work as editor of “Voice of Taksin” in
order to convey truths to society. I have been faithfully
performing my professional media roles and offering my
criticisms to the government policy. Prior to this, on May 24,
2010, I was deprived of my liberty and detained at the Adisorn
Army Camp Saraburi Province. Such an act by the Thai state
was tantamount to grave violation of my rights and freedom as
well as my human rights. With campaign and pressure from
allied organizations including your organizations last year, I was
eventually released. Then, the government ordered the shutdown
of “Voice of Taksin” including the printing house as well. I
decided to launch a new magazine “Red Power” and have been
determined to pursue the journalist career as well as operating
my tour business to Cambodia.

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1. On April 30, 2011, when I and more than 30 tourist clients
were going through the Checkpoint, I was stopped by the
official. I was informed that an arrest warrant had been
issued against me. Then, I was taken into custody by the
Department of Special Investigation (DSI) and only learned
that the warrant was issued since February 15, 2011.
Nevertheless, on February 20, 2011, I was able to cross the
border into Cambodia and returned on February 22, 2011,
safe and sound.
2. On Saturday April 30, 2011, I was brought to DSI
headquarters in Bangkok and was not allowed to talk to the
reporters who were waiting to interview me. Later, DSI’s
Director General, Mr. Tharit Pengdit, held a press
conference about my arrest claiming that I was busted
while trying to escape to Cambodia. He objected my
request for bail claiming I might run away. The charge
pressed on me is a breach of Section 112 of the Penal Code
regarding the defamation, insulting, or threatening of the
King, the Queen, the Heir-apparent, or the Regent (lèse
majesté) which is punishable for three to fifteen years in
jail.
3. On May 2, 2011, DSI asked for the judicial order to extend
my custody. Though I proposed properties worth 1.6
millions baht to the Court asking for bail, the Court ruled
that “given the high penalty rate of the offence which is
related national security and an offence committed against
His Majesty the King, and considering that the case and the
offensive act has brought about impairment to the
reputation of the Monarchy which has been held exalted
and imbued with deep respect and how people have been
upset by such an act, coupled with that the alleged offender

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 was nabbed while making an attempt to leave the country
which could be deemed as an act of escape, should he be
released temporarily, the Court fears he might just run
away. Thus, the request for temporary is dismissed. And
may the alleged offender and guarantor be informed of this
order expediently”. The alleged offence in this case stems
from the printing of an article by “Jitra Polchan” in “Voice
of Taksin”, first issue of March 2010. According to the
police, they have asked some “person of ordinary
prudence” to read it first. And if the “person of ordinary
prudence” deems the articles an offence, then legal action
shall be commenced.
4. On May 2, 2011, I was taken to the Bangkok Remand
Prison and upon arrival, my hair was cut short. I was put in
Zone 1 behind the tight iron bars, or a “jail”. Loosing all
my freedom, I am held in custody just by myself and am
barred from communicating with the world. It causes me
unprecedented and deepest grievances, physically and
mentally.

If I were a criminal or a murderer who had caused someone to

die, or had stolen from others, or had committed a grave
immoral act, then I would have deserved such a punishment, as I
had committed an offence or had caused trouble to others.

But I have simply been performing my role as a media person

expressing my views independently, spreading the truths, and
criticizing society and politics, as much as my basic freedom

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allows. I have utilized my journalist profession independently
hoping to help advance our society and promote equality and to
help my people attain wellbeing.

I just perform my role as a medium to help people to express

their views that are useful for society without fear, or without
having to hide their thoughts.

As a result of my carrying out the duty and the pursuance of a

my career with a free spirit and human dignity, I am accused and
incarcerated and have to endure the suffering.

There are many other people who have become victims of the
use of brute force, the narrow-mindedness, and selfishness
simply to protect someone’s power and privileges.

The suffering and the pains inflicted on me this time do not stem
from just my being deprived of my freedom. But the pains and
frustration derive from realizing how the law has been abused
and applied unfairly against me and how the truth has been
deviated in the most disgusting manner including how my
request for temporary released has been denied simply because
of the concern that I might flee abroad.

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Prior to the arrest, it was not at all known to me that the arrest
warrant has been issued on a charge concerning the defaming,
insulting and threatening of the King, the Queen, the Heir
Apparent or the Regent as per Section 112 of the Penal Code.
Thus, I had been conducting my life normally living from hand
to mouth, working from dawn to dusk and participating in social
and political activities.

I am a professional journalist and run a tour business. On April

30, 2011, I was supposed to lead a group of 30 Thai tourists to
visit the Angkor Wat in Cambodia. The trip has been organized
every month. On that day, I just walked to the checkpoint to get
my documents inspected as usual without any slight intention to
run away.

Previously, I have been pressed with several charges arising

from my political involvement, and I have never tried to escape.
I have fought all the cases upfront as I believe in my innocence.
And I do believe that there is still some remaining justice.

Running away is never a choice I ponder, though I know I will

end up being jailed. I want to continue my fight against the
corrupt power, the distortion of truth and the dictatorial power of
the ruling class.

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I might be subject to incarceration and punishment, but I am
able to perform my duties freely for the benefit of society. I am
ready to fight head on against the corrupt power, tough it might
eventually land me in jail.

The problem does not stem from the desire of the people to have
equality and justice. They simply want to seek fairness and
democracy and to be able to express their views and criticisms
toward the rulers who claim the highest moral ground in society.
But the problem is there with the dictatorial law, Section 112
which is an unjust law and it has been abused to purge
dissenting voices and curb people’s rights and liberties.

Many people have become victims of Section 112. They have

been deprived of their freedom, arrested, jailed, accused, purged,
or even killed brutally.

Thus, I have decided to take the lead to demand the revocation

of Section 112 and formed the “Democratic Network to Compile
10,000 Signatures to Propose to the Parliament to Repeal
Section 112”, according to a procedure prescribed by the 2007
Constitution.

Contents of Section 112 are vague and contain gaps that have
been exploited by the corrupt people to suppress other people. In

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a society on the verge of clash, the arrest this time is tantamount
to placing the monarchy in direct confrontation with the people.

Previously, several core leaders of the Red Shirts have been

accused of committing lèse majesté, and community radio
stations have been shut down and websites blocked to prevent
people from getting the information. It has culminated in getting
me arrested and this unjust legal action that ensues.

Thus, I am just a victim of the abuse of law, a victim in a

political game in the fierce battle between the democratic
movement and the dictatorship which may come through
elections.

I am a target that the corrupt powers that be who proclaim their

superior morality and charisma want to tame in order to keep
them further with the corrupt power.

I would not be the last victim as long as we continue to live

under the rule which is essentially a dictatorship, but is
portrayed as a democracy to the world.

I shall fight for freedom until my last breath.

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I'm willing to give up my freedom, but certainly not my
humanity. (excerpt from the letter written by Somyos on May 2,
2011)
1. I have never considered running away. In my political
struggle, I have been pressed with charges by governmental
agencies including a libel case sued against me by Gen.
Saphrang Kalanamitra, Former Third Army Area
Commander. The General was one of the coup makers who
committed coup d'état in 2006 and was later appointed as
Deputy Executive Secretary of the Council of National
Security (CNS). After fighting through normal justice
process, I got a suspended jail term. In another libel suit by
the National Anti-Corruption Commission (NACC), I
fought until the case was dismissed. And until the arrest
this time, I have been making my appearance in public
normally.
2. In Thailand, workers are still subject to exploitation and
labour unions’ roles have been suppressed. They are not
allowed to advocate any political agenda. But if the labour
unions do think of rising up, they may risk being accused of
committing an offence as per Section 112, just like me. The
right to report a lèse majesté case in Thailand is universal.
And statistically, during 2008-2011, nearly 500 cases
related to the offence have been admitted to the Court.
Most of the defendants in these cases are supporters of the
Red Shirt people. As a result, the prisons are now
overcrowded and access to medical services is severely
compromised. I am suffering a great deal from Gout

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 (chronic painful inflammation of the joints) and inflamed
wounds.
I am deeply appreciated of your effort to write a letter to ask the
Royal Thai Government to have me and other political prisoners
released. What I ask is simply a very basic right that should be
accorded to a human being; the right to be temporarily released.
I should have the right to believe and express myself as long as
the act violates no one’s rights. And to ensure my right to self-
defence, there simply is no reason to deprive me of my liberty.
Please everyone; please help write to the concerned
governments and agencies. I really look forward to my freedom
and freedom for my sisters and brothers. Though my wellbeing
during the incarceration has been take care of well by my friends
in here, but no one wants to stay shackled for a long time. And
after all, such detention is an exercise of abusive power by the
state that infringes on human being’s basic freedom and human
dignity. I aspire to attain the same freedom I used to have.
Yours in solidarity,
(Mr. Somyos Preuksakasemsuk)

Written by Ms. Jittra Kotchadet, Former Chairperson of Triumph International

Labour(Thailand) Union, currently adviser and an officer of the Triumph
International Labour(Thailand) Union, Coordinator of Try Arm, during the visit to
Mr. Somyos on May 26, 2011 at the Bangkok Remand Prison

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Original message [https://www.facebook.com/notes/jittra-cotchadet/letter-to-
colleagues-in-all-human-rights-organizations-from-mr-somyos-
preuksakas/224883087521820]

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