Thai Prime Minister Paetongtarn Shinawatra is at present feeling the sharp finish of the nation’s highly effective judiciary.
On July 2, 2025, Thailand’s Constitutional Courtroom suspended Paetongtarn from workplace because of a leaked telephone dialog wherein she was heard disparaging Thailand’s army and exhibiting deference to former the prime minister of Cambodia, Hun Sen, regardless of an ongoing border dispute between the 2 nations. Initially set for 14 days, many onlookers imagine the court docket’s suspension is more likely to change into everlasting.
In the meantime, removed from the prime minister’s workplace is Arnon Nampa, one other Thai nationwide whose future is on the mercy of the Thai judiciary – on this case, the Felony Courtroom.
Arnon, a lawyer and internationally acknowledged human rights defender, is one in every of 32 political prisoners imprisoned over “lèse majesté,” or insulting the Thai monarchy. He’s at present serving a sentence of practically 30 years for a speech questioning the monarchy throughout pro-democracy protests in 2020. Except he’s each acquitted in his remaining instances and his present convictions are overturned on enchantment, Arnon will possible spend the remainder of his life in jail.
The plights of Paetongtarn and Arnon could appear distant. However as a historian of Thai politics, I see the instances as linked by a judiciary utilizing the legislation and its energy to decrease the prospects for democracy in Thailand and constrain the power of its residents to take part freely in society.
Acquainted troubles
The Shinawatra household isn’t any stranger to the attain of each the Thai army and the nation’s courts.
Paetongtarn is the third of her household to be prime minister – and will change into the third to be ousted. Her father, Thaksin Shinawatra, was eliminated in a 2006 army coup. Her aunt, Yingluck Shinawatra, was ousted previous to the Could 22, 2014, coup. In frequent with previous coups, the juntas who fomented them have been shielded from the legislation, with none dealing with prosecution.
For now, it’s unclear whether or not Paetongtarn’s suspension is the precursor to a different coup, the dissolution of parliament and new elections, or a reshuffle of the cupboard. However what is obvious is that the Constitutional Courtroom’s intervention is one in every of a number of wherein the 9 appointed judges are enjoying a crucial function in the way forward for Thai democracy.
Defending the monarchy
The basis of the judiciary’s energy will be present in the best way the trendy Thai nation was arrange practically 100 years in the past.
On June 24, 1932, Thailand transitioned from an absolute monarchy to a constitutional monarchy. Since then, the nation has skilled 13 coups, because the nation has shifted from democracy to dictatorship and again once more.
However all through, the monarchy has remained a relentless presence – protected by Article 112 of the Felony Code, which defines the crime and penalty of lese majesté: “Whoever defames, insults, or threatens the king, queen, heir-apparent or regent shall be subject to three-to-fifteen years imprisonment.”
The legislation is extensively feared amongst dissidents in Thailand each as a result of it’s interpreted broadly to incorporate any speech or motion that’s not laudatory and harmless verdicts are uncommon.
Though Article 112 has been legislation since 1957, it was hardly ever used till after the 2006 coup.
Since then, instances have risen steadily and reached document ranges following a youth-led motion for democracy in 2020. At the very least 281 individuals have been, or are at present being, prosecuted for alleged violation of Article 112, in keeping with Thai Legal professionals for Human Rights.
Difficult the established order
The 2020 youth-led motion for democracy was sparked by the Constitutional Courtroom’s dissolution of the progressive Future Ahead Celebration firstly of that 12 months, the disappearance of a Thai dissident in exile in Cambodia, and financial issues attributable to the COVID-19 pandemic.
In protests in Bangkok and in provinces throughout the nation, they known as for a brand new election, a brand new structure and an finish to state repression of dissent.
Professional-democracy activist chief Arnon Nampa speaks to protesters.
Peerapon Boonyakiat/SOPA Photos/LightRocket by way of Getty Photos
On Aug. 3, 2020, Nampa added one other demand: The monarchy have to be brazenly mentioned and questioned.
With out addressing such a key, unquestionable establishment within the nation, Arnon argued, the battle for democracy would inevitably fail.
This message resonated with many Thai residents, and regardless of the fearsome Article 112, protests grew all through the final months of 2020.
College students at Thammasat College, the middle of scholar protest for the reason that Fifties, expanded Arnon’s name right into a 10-point set of calls for for reform of the monarchy.
Making it clear that they didn’t intention to abolish the monarchy, the scholars’ proposal aimed to make clear the monarchy’s financial, political and army function and make it really constitutional.
Because the protests started to appear unstoppable, with tens of hundreds becoming a member of, the police started cracking down on demonstrations. Many have been arrested for violating anti-COVID-19 measures and different minor legal guidelines. By late November 2020, nonetheless, Article 112 prices started to be introduced towards Arnon and different protest leaders for his or her peaceable speech.
In September 2023, Arnon was convicted in his first case, and he has been behind bars since. He’s joined by different political prisoners, whose numbers develop weekly as their instances transfer by the judicial course of.
Capricious courts
In contrast to Arnon, Paetongtarn Shinawatra is just not dealing with jail.
However the Constitutional Courtroom’s resolution to droop her from her place as prime minister due to a leaked recording of an indiscreet phone dialog is, to many authorized minds, a capricious response that has the impact of short-circuiting the democratic course of.
So too, I imagine, does bringing the load of the legislation towards Arnon and different political prisoners in Thailand who stay behind bars as the present political turmoil performs out.
