Last night the ABC’s 7.30 Report had a story on Harry Nicolaides (transcript and video is available here). This story, and other recent press coverage, reflects a decision by Harry’s family and lawyers to place pressure on the Australian government to do more about his plight. This seems entirely reasonable. So far, the Australian government’s action on the issue has been procedural and bureaucratic. Fair enough. But now is the time for some higher level expressions of deep concern to the Thai government.
Talk of cultural sensitivity and respect for the laws of another country need to be placed in perspective. So far Harry has spent almost three months in jail having been refused bail on three occasions (according to the ABC report). The “crime” for which he is being held is trivial. What Harry did is simply this: he published one paragraph in a novel that referred, with some artistic license, to royal gossip and rumour within Thailand. He wrote this paragraph in a fictional context in a highly obscure book that, the ABC reports, only sold 10 of the 50 published copies. Australians, and the residents of most other countries, can read much more provocative and accurate things about their royals in mass circulation magazines every week.
It is only an anachronistic and bizarre law that raises this trivial act to the level of a criminal offence.
The Australian government should not be hiding behind procedural correctness. Australia has a role to promote and defend basic human rights in the region. Australia has excellent relations with Thailand. The current Prime Minister has made it clear, in various contexts, that good relations are not inconsistent with the vigorous expression of differences. Rudd, or Foreign Minister Smith, should be making political representations at the highest level to secure Harry’s release.
9 responses so far ↓
1 CJ Hinke // Nov 13, 2008 at 4:41 pm
Freedom Against Censorship Thailand (FACT) has offered consistent support to those charged with lese majeste and has published on the Nicolaides case.
Of course, the Australian government should be doing more to help one of their own. But if one looks at Australia’s history and how it treats its modern prisoners, we can’t expect too much…nor can Harry.
This case raises some interesting questions. Reporters Without Borders has reported that Harry Nicolaides has never been charged and thus is being held illegally. If this is not true, we would like to know the date he was charged and under which sections of the law.
Normal practice is simply seizure of all copies, and the “printing plates” (though this is sounding a bit archaic in the digital age) under the Printing Act 2007. The Act was amended so that no charges would be laid on authors or publishers.
However, Harry’s book is more problematic. We’ve been trying to get hold of a copy, PDF scan or even a photocopy of Versimilitude for several months without success, from Harry’s friends, parents, lawyer.
(If any readers can get us a copy, please get in touch. facthaiATgmailDOTcom)
So how did this obscure work reach the attention of Thai authorities? The only theory we’ve heard so far is that someone lodged a copy with the National Library for the protection of Thai copyright. That may be true but no one is reading these submissions with a fine-toothed comb. If this were the case, it so unusual for a book in English to be submitted that it may have excited some librarian who then discovered the offensive passage. (Why Victorians read pornography!)
2 Hugh // Nov 14, 2008 at 6:52 am
Actually I think Harry himself made the mistake of quoting the offending paragraphs on several blog-style sites which he operated / contributed to, under the guise of book reviews. I found those relatively easily when the story first arose. I don’t know if they are still there and I am not going to contribute to his troubles by posting them here. I too tried to find the book literally everywhere. For all intents and purposes, it does not exist. A very strange story indeed.
3 jotman // Nov 14, 2008 at 6:34 pm
Harry’s freedom of expression is his human right according to international law and, therefore, the law of Thailand.
Universal Declaration of Human Rights, Article 19
http://www.unhchr.ch/udhr/lang/eng.htm
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
This Declaration, to which Thailand is a signatory, clearly says “regardless of frontiers.” Harry’s human rights don’t stop at the Australian border.
4 Clean out of magic bullets!? // Nov 14, 2008 at 7:45 pm
Only trouble with the above is that human rights stop at the Thai border.
5 Bob // Nov 22, 2008 at 10:03 am
Another piece on Harry in the Age today:
http://www.theage.com.au/national/the-trouble-with-harry-20081121-6e4z.html?page=-1
6 Rachel // Dec 8, 2008 at 1:45 am
I’m curious to know whether his family have organised a petition either independantly throught their lawyer or in accompanyment with an organisation such as the UN to show support for his release and further, free speach in Thailand?
7 scared to go to thailand // Jan 16, 2009 at 11:16 am
Ring your local Thai consul and tell them you will not holiday in Thailand.
8 Lek Sydney // Jan 17, 2009 at 2:36 pm
There are more numbers of innocent will suffer by this law.The human right in Thailand could not be work as long as the old implement system still running .
We urged you all to help spreading the comment amoung your people.
9 Roht // Jan 20, 2009 at 12:33 pm
I’m Thai and i’ll say that it’s Thailand policy of Narrowmindedness. That’s all.
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