Sunday 27 November 2011

The saga of 'Uncle SMS'

Ampon Tangnoppakul is a working class man. He's 61 years old, but comes across as much older. The slow walk, the bent back, the white hair and the blurry eyes, he seems 71.

Many who have met him say he is polite. His friends and family call him ''Ah Gong'' or grandpa. But now he's known as ''Uncle SMS''.

On Wednesday, he was sentenced to 20 years in jail after a court found him guilty of lese majeste and computer crimes. He was charged with sending four offensive text messages in May of last year to the personal secretary of then prime minister Abhisit Vejjajiva.

According to reports, Ampon used to drive a delivery truck, but due to health problems had to quit. In 2007, he underwent surgery for mouth cancer, which impaired his speech. 

He was living with his wife in Samut Prakan province. The two shared a 1,200 baht a month rented room, surviving mainly on money fromw family.

Uncle SMS's relatives say he is honest, hard working and loves his grandchildren. Those who have visited him in prison say he looks worn out and afraid, but smiles whenever friends and relatives visit. According to reports, he also often cries in his cell at the Bangkok Remand Prison.

Reports also say he has attended both People's Alliance for Democracy and United Front for Democracy against Dictatorship rallies in recent years.

Uncle SMS was arrested on Aug 3, 2010 and released on bail on Oct 4. The prosecutor filed charges against him on Jan 18, 2011. He was arrested again and denied bail because he was deemed a flight risk.

But his defense has always been that he knows nothing of the crime. He says he barely knows how to use his Motorola mobile phone, which his son-in-law gave to him. 

He claims that he doesn't even know how to send texts. More importantly, he says he didn't know Somkiat Krongwattanasuk, Mr Abhisit secretary, or his mobile number. Most importantly, Uncle SMS insisted that he did not send those four messages to Mr Somkiat.

Uncle SMS's testimony in court on Sept 23, 27, 28 and 30 started out easy. One question was, ''What do you do for a living?''

The defendant answered, ''I babysit my grandchildren.'' That drew laughter from many in the courtroom.
But later, the mood changed.

According to court reports, the prosecutor showed the contents of one SMS to the defendant and asked how he felt reading those offensive words.

Uncle SMS shakily replied, ''I am very sorry, it offends the King.'' He then broke down and cried. The prosecutor asked him how he felt about the King.

Uncle SMS collected himself and spoke firmly, ''I love the King.'' With a trembling voice and tears in his eyes, Uncle SMS told the court that when the King fell sick, he went to visit him at Siriraj Hospital. 

He signed his name in a book of well-wishers. ''I did not do it,'' he said. But on Wednesday, he was found guilty of four counts under two laws: Section 112 of the Criminal Procedure Code, widely known as the lese majeste law, and Section 14 of the Computer Crime Act. He was sentenced to five years in prison on each count.

The curious case of Uncle SMS started when Mr Somkiat received four short messages on his mobile phone on May 19, 2010, around noon. They were either offensive to the King or the Queen. He photographed them, and on June 28 reported to the police. He said he did not know who sent them.

The case boiled down to three issues. First, Ampon claimed that he doesn't know how to send texts. The court found that this couldn't be proven, so it was irrelevant.

Second, Ampon claimed that he doesn't know Mr Somkiat or his cell phone number. The court also judged that this is only the defendant's claim, that it can't be proven, and so it is irrelevant.

Third, the defendant claimed that someone had forged the phone's IMEI (International Mobile Equipment Identity) number to frame him. A witness from DTAC said he didn't know if an IMEI number can be forged, while a representative of True said it could be. 

The court found that the defendant was unable to prove that the IMEI on his phone was forged, therefore his defence was dismissed.

In Thailand, a court's verdict is final. It's infallible in the eyes of the law and criticising a verdict is illegal and carries both a fine and jail sentence. The universal right of freedom of speech suffers as the logical consequence of this.

So let's just put forth one simple fact that has been stated countless times, but still bears repeating. In his speech on the occasion of his birthday in 2005, His Majesty said: ''Actually, I must also be criticized. 

I am not afraid if the criticism concerns what I do wrong, because then I know.'' Appealing to people not to overlook human nature, the King also added, ''But the King can do wrong.''

Let's state two other facts. One, Mr Somkiat filed a police report on the four texts. Two, the court found Uncle SMS guilty and sentenced him to 20 years in prison.

Put the three facts together and draw your own personal conclusion. Now let's look at the big picture.
Thailand may be divided into two political camps. 

They may hate each other. They may draw blood from each other. They may never reconcile. But they have many things in common, including the following. 

According to the ''Situational Report on Control and Censorship of Online Media'', between July 2007 and July 2010, during the regime of the Democrat-led government, the Information and Communication Technology (ICT) Ministry blocked nearly 75,000 websites. The majority were blocked on grounds of lese majeste content, the rest were mainly pornographic.

Meanwhile, in November 2011, according to Human Rights Watch, ICT minister Anudith Nakornthap said the ministry told Facebook to block accounts with lese majeste content. 

Some 26,000 URLs were blocked in Aug-Sept, while 60,000 were in Oct-Nov. The minister also warned that users who ''share'' or ''like'' Facebook posts with lese-majeste content are liable under the Computer Crime Act.

''If they don't delete them, they can end up violating the Computer Crime Act for indirectly distributing inappropriate content,'' Mr Anudith said.

So why is it that both sides of the political divide, while claiming to champion freedom and democracy, are so adamant about lese majeste and computer crime?

There could be many reasons. Perhaps one reason is that one political camp has always flown the banner of defending the institution, and was determined to prove it. The other camp has been accused of anti-monarchy acts, and might want to prove otherwise.

After all, both the Democrats and PAD leader Sondhi Limthongkul have challenged the Pheu Thai government to get tough on lese majesty.

The Democrats have gone as far as to propose that Thailand block Facebook and YouTube. Amidst public outrage, the Pheu Thai-led government has shelved its plan to seek a royal pardon for former prime minister Thaksin Shinawatra. 

Prime Minister Yingluck Shinawatra has scolded her ministers for leaking the ''secret'' to the press. Thaksin has said he knew nothing of the plan.

Be that as it may, receiving a royal pardon is one way Thaksin can return to Thailand. Hence, showing allegiance to the institution might be of benefit.

On Thursday, Foreign Minister Surapong Tovichakchaikul went on record with the Bangkok Post. He said, ''I told the UAE he [Thaksin] will surely return to Thailand and that he won't be here [in Dubai] for too long. He will be home soon. 

We're studying the legalities from all angles. It shouldn't take very long.'' That is the picture; connect the dots.

Whatever the agenda of the two political camps may be, allow me to ask one simple question: Would it not be best to show love, respect and reverence for His Majesty the King by heeding his words as spoken on the occasion of his birthday in 2005?

If the answer is yes, then perhaps the fate of Uncle SMS and others like him wouldn't be so curious and unfortunate.

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