This puts Thailand’s former Prime Minister Thaksin Shinawatra —in exile until recently — at the centre of a legal maelstrom. He became the most famous (or infamous) example of a person charged under Thailand’s draconian “lèse-majesté” royal defamation law, with widespread interest in his case. The 76-year-old politician— who has been prime minister twice before —is being charged with insults to the monarchy. These charges come from an interview he provided to a South Korean newspaper in 2015. This trial is taking place in the backdrop of his highly controversial return to Thailand after spending 15 years in self-imposed exile.
The court cases against Thaksin have re-ignited debate over his political power. This circumstance begs serious questions about the broader impact of the royal defamation law. Under Section 112 of Thailand’s Criminal Code, anyone who “defames, insults or threatens” the monarchy could face up to 15 years in prison. The trial’s timing, coming on a charge filed as recently as June 2024, is curious. It raises questions about the prosecution’s motives and could have a huge effect on Thaksin’s ability to perform political activities from afar.
Thaksin’s legacy in Thai politics, as he returned to a country still deeply divided, is one of enormous popularity and rabid hostility. He then won a huge majority in the 2001 general election and built on that with another 2005 victory. To his critics on the right, he was dangerous because he challenged the regime. They worried that his growing popularity might undermine their own political power. Fueled by this hostility, he was removed from power in a military coup in 2014. His sister, Yingluck Shinawatra, was ousted from office amid the chaos.
Background of Thaksin’s Political Career
His political career only really took off in the early 2000s. He brought in a variety of very effective populist policies that really endeared him to millions of Thais. And during his short but effective administration, he genuinely expanded access to healthcare and jump-started the local economy. It also received valid and damaging accusations of authoritarianism and corruption. Critics contend that his populist style of governance and his anti-elitist stance alienated the Thai military and conservative elements of Thai society.
After his 2014 coup ousting Thaksin, the latter went into exile, living abroad for more than a decade. Together with his partners, he orchestrated a homecoming return to Thailand in August 2023. Speculation then swirled over his own political future and the rapidly changing landscape of Thai politics. Upon his return, he immediately engaged with the public by proposing policy initiatives and touring constituencies alongside reporters.
Even with Thaksin’s political maneuvers to put himself back in the game, his return has not come easy. On his return, he was arrested on corruption charges. King Vajiralongkorn cut his former aide’s eight-year prison term to only one year, permitting him to be freed within months on parole. Critics pointed out that Thaksin has been incarcerated for six months. Rather than serving time in a conventional jail, he lived in the private suite of a state psychiatric hospital.
“Using this [defamation] case is akin to trying to keep Thaksin in check in the conservative power play.” – Wanwichit
The Royal Defamation Charge
The royal defamation charge under which Thaksin has been convicted has received the most splashy headlines. Its implications for freedom of expression in Thailand are alarming. The regime enforces the “lèse-majesté” law with extreme zeal. To others, it represents a worrying tool for the government to shut down dissent and silence those criticizing the monarchy. Human rights organizations have long condemned its use. They consider it an act of violence perpetrated against demonstrators who are simply exercising their right to free speech.
Legal analysts think the charge is politically motivated. Second, they believe that it aims to regulate Thaksin’s conduct and curb the extent of his engagement in politics. The mahouts’ lawyer Deekorn Khemthong claims that there is a lot of speculation on what could have motivated the prosecution. He notes that many believe the royal defamation charge serves as a tool for conservatives to exert control over Thaksin’s actions.
“A lot of people speculate that the [defamation] charge was to put more control over him, to control his behaviour, his political activism.” – Khemthong
The result of this trial would have deep and lasting implications on the future of Thai politics. Wanwichit says a guilty verdict might be read as a sign that the big political compromises that brought Thaksin back to Thailand in the first place are falling apart. These changes will affect not only Thaksin, but other leading representatives of the Pheu Thai Party. His daughter and suspended Prime Minister Paetongtarn Shinawatra will be hurt, too.
Political Implications of the Trial
Thaksin’s situation highlights ongoing tensions within Thailand’s political landscape. His capacity to affect the Pheu Thai Party is still great. In fact, many view him as its “spiritual leader.” In spite of conservative forces’ efforts to push him off the stage, Thaksin has continued to play a powerful role in setting the political tone since his return.
In doing so, his recent public engagements have certainly shocked many critics. They figured he’d adopt an understated approach after his chaotic history. Khemthong points out that most people thought Thaksin would lay low after his return. What did catch them off guard was his forward-facing approach to politics.
“So, a lot of people understand that when Thaksin came back he would lay low… But instead of that he was super active.” – Khemthong
Go on the trial, including funders, advocates, service providers, and many more. The legal proceedings will likely influence not only Thaksin’s political future but the broader dynamics within Thailand’s political apparatus. Observers note that a guilty verdict could escalate tensions between pro-Thaksin factions and conservative elements within the military and government.
