Thailand: Fifth conviction of pro-democracy activist Anon Nampa under “lèse-majesté” charges

The Observatory has been informed about the latest conviction and subsequent prison sentence of Mr Anon Nampa, a prominent pro-democracy activist and human rights lawyer who has been arbitrarily imprisoned since September 26, 2023.

On December 3, 2024, the Bangkok Criminal Court found Anon Nampa guilty under Article 112 of Thailand’s Criminal Code (“lèse-majesté”)1 and Article 14 of the Computer Crimes Act2 and sentenced him to two years in prison, reduced from three years because the court deemed Mr Anon's testimony useful to the trial.

This conviction stems from Mr Anon’s participation in a campaign conducted in 2020 by pro-democracy protesters to write letters to King Rama X to reiterate their demands for the reform of the Thai monarchy. On November 8, 2020, pro-democracy protesters rallied from Bangkok’s Democracy Monument to the area near the Grand Palace to deliver the letters. Like many other activists, Mr Anon posted his letter on his personal Facebook account, criticising the role of the Thai King as being against democratic principles and calling for a reform of the Thai monarchy in the framework of a democratic system with the King as head of state.

The Observatory notes with grave concern that this marks the fifth conviction of Anon Nampa under Article 112 of the Criminal Code. Mr Anon will now serve a total of 16 years in prison for lèse-majesté.

As a result of this fifth conviction, Mr Anon may be transferred from the Bangkok Remand Prison, where he has been arbitrarily imprisoned since his first lèse-majesté conviction on September 26, 2023, to Klong Prem Central Prison in Bangkok, where prisoners sentenced to more than 15 years are held.

The Observatory recalls that on September 26, 2023, the Criminal Court sentenced Anon Nampa to four years in prison on one count of “lèse-majesté”, and imposed a fine of 20,000 baht (approximately 525 Euros) for violation of the Emergency Decree. This legal action arose from a speech that Mr Anon delivered on October 14, 2020, during a peaceful demonstration at Bangkok’s Democracy Monument, where protesters had gathered to call on the government to comply with the three demands put forward by the pro-democracy movement that began in February 2020, including the reform of the Thai monarchy.3 Mr Anon was charged with “lèse-majesté” over his statements referring to King Rama X as the person with the sole authority to order the dispersal of protests, instead of the riot police. On September 30, 2023, the Court of Appeals rejected Mr Anon’s request for bail, citing the severity of his sentence and the fact that he would be a flight risk, if released on bail.

On January 17, 2024, the Bangkok Criminal Court found Anon Nampa guilty of one count of lèse-majesté and Article 14(3) of the Computer Crimes Act, and sentenced him to four years in prison. These charges stemmed from three Facebook posts he published on January 1 and January 3, 2021, questioning the enforcement of Article 112 of the Criminal Code and advocating for the right to freedom of expression in connection with criticism of the Thai monarchy.

On April 29, 2024, the Bangkok South Criminal Court found Mr Anon guilty under one count of lèse-majesté and the Emergency Decree, and sentenced him to two years and 20 days in prison, in relation to a speech he gave during a protest in central Bangkok on August 3, 2021, during which he criticised the transfer of public property into King Rama X’s personal ownership and called for the reform of the Thai monarchy.

On July 25, 2024, the Bangkok Criminal Court found Anon Nampa guilty under Article 112 of Thailand’s Criminal Code and Article 14 of the Computer Crimes Act, and sentenced him to four years in prison, in relation to the publication by Mr Anon of two Facebook posts on January 11 and February 3, 2021, in which he allegedly criticised King Rama X.

The Observatory further recalls that Anon Nampa is currently facing legal action in connection with nine more lèse-majesté cases. Mr Anon was previously arbitrarily detained twice. From February 9 to June 1, 2021, he was detained for 113 days on charges of lèse-majesté and sedition (Article 116 of Thailand Criminal Code). These charges were related to a speech concerning the Thai monarchy that he delivered during a peaceful pro-democracy protest at Bangkok’s Sanam Luang on September 19, 2020. The second detention spanned 202 days, from August 11, 2021, to February 28, 2022, in relation to 12 additional lèse-majesté cases. His temporary release requests were denied numerous times.

The Observatory recalls that on August 30, 2024, the United Nations Working Group on Arbitrary Detention (WGAD) found Anon Nampa’s detention “arbitrary” and urged the Thai government to release him “immediately” and “accord him an enforceable right to compensation and other reparations”, in response to a petition filed jointly by FIDH and Thai Lawyers for Human Rights (TLHR) on March 5, 2024.

The Observatory notes with concern that between November 19, 2020, and November 25, 2024, 276 people, including many human rights defenders and 20 minors, were charged under Article 112 of the Criminal Code. Fifteen of them are currently detained pending trial or appeal, and nine more are serving prison sentences. On May 14, 2024, youth activist “Bung” Thaluwang, detained pre-trial under “lèse-majesté”, died in custody after a prolonged hunger strike that ended in April 2024.

The Observatory strongly condemns the recent conviction, sentencing, and continued arbitrary imprisonment of Anon Nampa, along with the ongoing judicial harassment against him. These actions appear to be solely aimed at punishing him for his legitimate human rights activities and the exercise of his rights to freedom of expression and of peaceful assembly.

The Observatory calls on the Thai authorities to immediately and unconditionally release Mr Anon and all other arbitrarily detained human rights defenders in the country and to put an end to all forms of judicial harassment against them.