Case Summary and Outcome

Thitinan (last name withheld) was accused of lèse-majesté for stepping on an image of King Bhumibol on July 13, 2012 at the Constitutional Court. She was taken to Thung Song Hong Police on the same date. On May 21, 2014 the Ratchadaphisek Criminal Court sentenced her under the Article 112 of the Criminal Code to two years in prison with three years suspension because of her mental illness. However, the Appeal Court changed the first court’s decision by reducing the sentence to one year without suspension on May 12, 2015. She was later released on bail on the same date.

Global FoE could not identify official legal and government records on the case and information on the case was derived from secondary sources. Global FoE notes that media outlets may not provide complete information about this case. Additional information regarding legal matters will be updated as an official source becomes available.

Facts

65-year-old Thitinan was at the Constitutional Court on July 13, 2012 where approximately 400 protesters gathered when the judges were scheduled to read a ruling on the government’s attempt to amend Article 68 of the 2007 Constitution. Thitinan kicked the image of King Bhumibol while one protester was holding it. It was reported that when the image fell to the ground, she stepped on it twice. The protesters were enraged by her action and subsequently filed lèse-majesté complaints against her [1].

The cause of Thitinan’s action was  believed to be her mental illness. She has been diagnosed with bipolar disorder since 2003 according to her medical records. Nevertheless, Thitinan pled guilty to the charges against her, admitting that she had committed the offense but claiming that she could not control herself and was unable to appreciate the nature and quality or wrongfulness of her action. After being prosecuted, she was detained at Galya Rajanagarindra Institute for 45 days before being taken to the Central Women’s Correctional Institution. The court granted bail to her after a 300,000 baht surety was submitted [2].

After giving her medical treatment, Thitinan’s doctor concluded that Thitinan was suffering from mania during the time of the action. Even though she knew what she was doing, she could not control herself as the bipolar disorder made her impulsive. However, as she was able to make her way to the Constitutional Court and still was able to answer questions about herself after the action, it was challenging to determine whether she really could control herself during the event  [3].

Thitinan’s son said that his mother’s condition greatly deteriorated while she was in detention prior to being granted bail.  She was in a wheelchair, inattentive, and no one was able to understand what she was saying. Thitinan was taken to Rajavithi Hospital after she was released on bail. The doctor there concluded that she had overdosed on pills given to her while she was detained [4].

The Criminal Court in Bangkok sentenced her to one year in jail with three years suspension on May 21, 2014 [5]. After the Appeal Court’s ruling, Thitinan’s son submitted a request for a temporary release of his mother. This was granted on the same date the ruling was given. Thitinan was released on bail for a second time with the same amount of surety: 300,000 baht [6].

Article 112 of the Thai Criminal Code stipulates, “Whoever defames, insults or threatens the King, the Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to fifteen years.”

[1] “Thitinan: Offence against the King’s Portrait.” iLaw. http://freedom.ilaw.or.th/en/case/430#circumstance_of_arrest.

[2] “Witness Hearing Has Started for Lese-majeste Case of 60s Years Old Woman  Regarding the Incident in front of the Constitutional Court in 2012.” [in Thai] Prachatai, March 11, 2014.  http://www.prachatai.com/journal/2014/03/52212

[3] “One Year Sentence with Suspension for Thitinan for Stepping on the King’s Portrait  due to Mental Illness” [in Thai] Prachatai, May 21, 2015. http://www.prachatai.com/journal/2014/05/53357.

[4] Ibid.

[5] Kummetha, Thaweeporn. “64 Year-old Woman Found Guilty of Lese-majeste for Stepping on Image of the King.” Prachatai. May 21, 2014. http://prachatai.org/english/node/3976.

[6] “Court Jailed Mentally Ill Old Woman for Stepping on Image of the King.” Prachatai, May 12, 2015. http://www.prachatai.com/english/node/5048.

Decision Overview

The Ratchadaphisek Criminal Court sentenced Thitinan to two-years imprisonment under Article 112 appurtenant to Article 65 (2th paragrpah). The sentence was cut by one year because of the guilty plea. The imprisonment was suspended for three years and she was required to report on the progress of her medical treatment every six months for two years [1].

After Thitinan appealed the first’s court decision, the Appeal Court sentenced Thitinan to one year in prison without suspension. She is still required to report on the progress of her medical treatment every six months for two years. The court reasoned that stepping on an image of the King is a serious offense, and the defendant was still able to partially control herself during the action. The Court added that the sentence was necessary to prevent others from committing the same action. The court also prohibited Thitinan from traveling abroad [2].

[1] “One Year Sentence with Suspension for Thitinan for Stepping on the King’s Portrait  due to Mental Illness” [in Thai] Prachatai, May 21, 2015. http://www.prachatai.com/journal/2014/05/53357.

[2] “Bail Granted to Thitinan, 65 years old Woman with Bipolar after the Appeal Court Granted One Year Imprisonment” [in Thai] Prachatai, May 12, 2015. http://www.prachatai.com/journal/2015/05/59229.