Thailand’s Prominent Human Rights Lawyer Arnon Nampa Faces 60 Years in Prison for Advocating Monarchy Reform

In the heart of Thailand, a young child runs towards the sound of iron chains, unaware of the significance they hold. This three-year-old’s only recollections of his father, Arnon Nampa – a renowned human rights lawyer and activist – are from courtroom appearances, not from memories of his work defending others, but as a result of numerous lese majeste cases against him.

“He remembers his father with closely shaved hair, leg shackles, and prison uniform,” Arnon’s wife, Pathomporn, shared with media outlets. “Every time we drive past the court, he says ‘We are going to see Dad’.”

Arnon currently faces a combined sentence of 29 years in prison due to lese majeste charges, making him a well-known figure in Thailand where unwavering reverence towards the monarchy is both expected and enforced. With four outstanding cases against him, the father of two could potentially serve over 60 years behind bars for speeches that advocated reforms to the country’s powerful monarchy.

“Our eldest child keeps asking every day when we will be together again,” Pathomporn shared, using only her first name. “It is always a sad and tense atmosphere because we cannot give the children clear answers.”

Since 2020, a total of 281 people have been charged with lese majeste in Thailand, according to Thai Lawyers for Human Rights (TLHR), an organization dedicated to promoting legal rights. Among them are ordinary citizens, activists, a foreign scholar, and children. The list even includes a former prime minister.

On Friday, the verdict for Thailand’s billionaire former leader Thaksin Shinawatra – a highly influential and divisive political figure in the country – will be announced in his lese majeste case.

Lese majeste is a law enforced by some monarchies worldwide, but few are as strict as in Thailand. Those found guilty of criticizing, insulting, defaming, or threatening the king, queen, or heir apparent can face imprisonment for between three and 15 years per count, with some sentences reaching 50 years. Even discussing the royal family comes with risk, as complaints can be filed by anyone – officials, public members, or even strangers – and investigations are obligatory.

Supporters of the law argue that it is necessary to protect the head of state, much like laws in other countries designed to shield the state from threats or harm. However, human rights organizations and free speech campaigners have long maintained that the law has been used as a political tool to stifle debate and silence critics of the Thai government while safeguarding the monarchy from scrutiny and reform. During times of anti-government unrest, lese majeste prosecutions have increased.

Even visitors to Thailand, one of the world’s most popular tourist destinations, must exercise caution regarding what they say and write.

“The risk of being prosecuted or charged under lese majeste is always present if you are in Thailand,” Akarachai Chaimaneekarakate, advocacy lead at TLHR, shared.

Lese majeste cases have surged under King Maha Vajiralongkorn, who ascended the throne in 2016 following the death of his father Bhumibol Adulyadej, a figure whose reign spanned over 70 years. On August 3, 2020, Arnon Nampa was one of several individuals who gave a speech at a “Harry Potter”-themed pro-democracy protest in Bangkok advocating for monarchy reform. This marked the first public discussion of monarchy reform and helped spark nationwide youth-led protests demanding constitutional, military, and democratic reforms, including reforms to the powerful monarchy.

For that speech alone, Arnon was charged with violating Section 112 of Thailand’s Criminal Code – lese majeste – and initially received a sentence of four years in prison, later reduced to two years and eight months.

Since those protests and because of them, lese majeste cases have skyrocketed. Between 2014 – when TLHR was formed – and 2019, 65 people were charged with lese majeste, according to the group. Since 2020, that number has risen to 281 people, with nearly 2,000 prosecuted for political protest or expression, it said.

Even those who have been leading advocates of lese majeste – such as Tul Sitthisomwong, a pro-royalist activist and medical doctor – acknowledge that the law has been misused as a political tool.

“The law is already good by itself, but the problem lies with those who use the law,” said Tul.

Conviction rates for lese majeste stand at around 80%, and prosecutors indict around 99% of the time – a high percentage given the law’s vague wording and lack of a clear definition regarding what constitutes an insult to the monarchy. Hearings are often closed to the public, making it difficult for the accused to mount a proper defense or for the public to witness the proceedings.

Chambers believes his case was clearly political, and an example of lese majeste being used to silence critics not just of the monarchy but the entire Thai establishment.

“There are different dimensions of elites in Thailand, but all of these elites oscillate around the institution of monarchy and the military is one dimension of these elites,” said Chambers. “The military, he said, is increasingly using the courts to go after perceived enemies.”

Alongside lese majeste, other laws such as sedition, defamation, and computer crimes are often used to silence a wider net of state criticism, critics say. In January, United Nations experts urged Thailand to repeal its lese majeste law, stating that such laws “have no place in a democratic country.”

Recent but unsuccessful attempts have been made to amend the law, and there are many Thais who support reform, despite the risks. The progressive Move Forward Party, forged from the ashes of the 2020 protests, won the most seats in the 2023 general elections on a platform of widespread institutional reforms, including the amendment of lese majeste. Despite winning the majority of seats in parliament, the party was prevented from forming a government due to conservative lawmakers’ concerns about its royal reform agenda.

An Amnesty Bill currently making its way through parliament offers hope for those imprisoned on political charges, but lese majeste is unlikely to be included. For Thaksin Shinawatra, the former premier and ex owner of Manchester City Football Club who was ousted in a 2006 coup, his lese majeste charge revolves around comments he made to a South Korean media outlet over a decade ago. The case against him represents a significant blow to the fortunes of one of the country’s most powerful families.