Da Torpedo - Jailed for Criticising a King

Daranee Charnchoengsilpakul was the youngest of four children.

Her parents were Chinese immigrants who settled in Bangkok, Thailand.

Daranee's father worked at a match factory.

The family was quite poor, but Daranee's third brother was keen she should study and he supported her ambitions to go to Ramkhamhaeng University to study political science.

Daranee then worked as a political reporter for many years and, as a freelance reporter, she became an assistant to a senator and developed ambitions to become a Member of Parliament herself.

Daranee's brother is proud of her, saying that she is a bookwork and very bright, "she can finish a book in no time, and get to the point".

Following the 2006 military coup, Daranee became more politically active and became a regular speaker at anit-coup rallies. She was given the name 'Da torpedo' by the people, for her outspoken speeches.

Lese Majeste - dreaded words

On 22nd July, 2008, age 46, Da Torpedo was arrested, before being summoned, for a speech she made criticising the 2006 coup in which she criticised the royalty - a very serious offence in Thailand, known as lese majeste. She refused to give a statement to police and reserved her right to testify only in court.

British BBC correspondent, Jonathan Head, also fell foul of this law on three occasions and has now left Thailand to report from Turkey, following concerns that he could face up to 15 years in a Thai jail.

Da Torpedo was held in prison without bail for nearly a year.

For the first three months, she was separated and barred from talking to others (in 'less severe' charges, this period is usually one month).

In February, there were concerns that she was ill, thin and discouraged. A report said, “Her voice was hoarse and her words sounded fuzzy as she could hardly open her mouth to speak due to severe jaw dysfunction.”

She felt depressed, complaining that the politicians she supported did not offer any help as she had expected.

"It’s sad that I am locked up under a democratically elected government. If I’m freed, I’ll probably not get involved in the fight for democracy any more," she said at that time.

It seems she was later able to adapt to life inside prison, but she suffered from a molar abscess which caused problems when eating or brushing her teeth.

‘The food is quite bad, insufficient dishes.  And dinner, where people are supposed to eat a lot, is spicy. The time is limited. I can eat only slowly. I’ve already lost 15 kgs.’

There were 50-80 people in her cell. She sometimes had to sleep on her side all night.
Inmates on lèse majesté charges seem to receive special treatment.

Hardships also included bathing within 30 seconds.

According to Daranee, some wardens disliked her, regarded her as a dangerous person, and tried to prevent others from associating with her. The pressures seemed to increasingly mount upon her after the verdict.

"Many wardens don’t like me. But there are also many good wardens, particularly the chief warden. She likes the Democrat Party, but she can talk to me reasonably. Unfortunately, she’s going to retire this September.”

Concerned for other prisoners

Da Torpedo also became concerned about issues inside the prison. She asked her visitors to bring used books and magazines to donate to the prison library, as the books available there were too old and too few.

She also commented on the detention of a number of young women involved in petty drug crimes as a waste of human resources, and the detention of a lot of migrant workers which crowded the prison.

In the last few months, Daranee was promoted to head to take care of her 50-60 cellmates, because she had been able to solve the problem of the malfunctioning 12-year-old gooseneck of the toilet inside the cell. She called on the wardens to pay attention to it, a venture no one else would dare to take.

She said the task of the head was quite burdensome, as she had to buy pens and paper herself to take notes and write reports, and take care of cellmates, causing her to come late for her meals. The only privileges were to have one extra tiny personal locker instead of only one and a slightly wider sleeping space.

Trial

Da Torpedo's first trial was on June 23rd 2009.

"I want justice... The speech I am charged with was made at an open rally. I cannot accept that a closed trial will guarantee justice," Da Torpedo told the judge, before a handful of journalists and supporters were ordered to leave.

"For now, anybody not involved with this case needs to leave the courtroom immediately," pronounced the judge. "I guarantee the defendant will get a fair trial, but this has to be a closed-door hearing."

When she was called to court, she came in a brown uniform with striking red-bordered sleeves, the uniform for serious criminals such as big methamphetamine dealers caught with 10,000 pills or more.

‘Each time I came to the court, I had to go through body cavity searches, before going out and coming back to the prison. They worry about drugs. But they don’t consider what kind of case it is. This is a political case. I feel really bad.’

Reuters reported, at the time: 'The trial... is the latest in a slew of lese-majeste cases critics say are stifling dissent and freedom of speech....

Critics of the lese-majeste law say it is open to abuse since a complaint can be filed by anybody against anybody, no matter how minor the alleged disrespect...

The law has been a regular feature of the charged political atmosphere in Thailand in the past three years.'

Speaking to Reuters before the hearing, Darunee said she had lost 17 kilos (37 lb) after nearly a year in detention awaiting trial.

"My life in jail is hard," she said, holding out little hope of winning her case after being denied bail several times.

Earlier the same year, in April, a Thai man was jailed for 10 years for posting comments on the Internet deemed insulting to the monarchy.

A month earlier, a court issued an arrest warrant for a leading Thai political analyst who fled to London after being charged with insulting the king in a book published in 2007.

Foreigners who run afoul of the law usually receive a royal pardon.

An Australian author was sentenced to three years in prison for defaming the crown prince in a little-read novel.

Sentence - 18 years

Following a secret trial in August, 2008, Da Torpedo was sentenced to 18 years in prison.

Da Torpedo's brother has been visiting her whenever he can, throughout her imprisonment. He was present when the verdict of her trial was announced,

"I don’t care any more about yellow or red. My sister has fought for what she believes in. She admires [Thaksin] and fights for him. She’s sacrificed herself. But when she’s about to drown, no one has ever offered any help." he is reported to have said.

It is commonly believed that Da Torpedo's refusal to plead guilty is the reason why she has received such a harsh sentence. Ususally, it is expected that those on lese majeste charges will plead guilty in the belief that they will receive a lighter sentence in exchange for the case not having to go to court.

An article in the Financial Times, at the time, stated, “Few defendants in lèse majesté cases choose to fight the charges as Ms Daranee did: lawyers say the ill-defined laws are almost impossible to beat even in a case that is open to public scrutiny, and most choose to plead guilty and beg the king for mercy on conviction. Thai law stipulates that defendants who choose to admit the charges against them can receive more lenient sentences.”

The Future?

‘I think of Pridi, Aung San Suu Kyi, and Mahatma Gandhi, so that I don’t feel that it’s me alone,’ Da Torpedo said in the cell beneath the Criminal Court, before going up to the court room to hear the verdict...

"I’ve done my best. If Thai society still wants to be like this, with no freedom of speaking the truth like this, so be it."

After her sentence, she said in further interviews:

"I don’t have high hopes. I just want my case to serve as a historical record for the next generations to learn from....

...It’s sad that I am locked up under a democratically elected government. If I’m freed, I’ll probably not get involved in the fight for democracy any more."

Following her sentencing, Darunee has been the subject of harassment by prison officials and was placed in solitary confinement for unspecified offenses.

Timeline and Updates

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SOURCES:

Asia Sentinel, 3rd Sept 2009

Political Prisoners in Thailand, 2nd Sept 2009

Reuters, 23rd June 2009

Prachatai - Da Torpedo's life behind bars, 10th Sept 209

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