The Price of Freedom: <i>Lèse-majesté</i> Prosecutions and the Politics of Bail in Thailand

In recent years, Thai courts have arbitrarily used the lèse majesté law to prosecute hundreds of defendants. This use of lèse majesté has been an important part of a reaction against a movement that had been mobilised nationwide during 2020–2021 calling for reform of politics. Breaking the kingdom’s biggest taboo, the movement explicitly criticised the monarchy and called for monarchy reform. Besides an unprecedented number of cases, what distinguishes the recent wave of persecutions is the way the court handles the question of bail. In the past, almost all lèse majesté defendants were likely to be imprisoned from an early stage of investigation, and they were constantly denied bail. Recently, however, granting bail has been more common. This research examines the politics of bail in lèse majesté cases, arguing that the trend of granting bail should be considered a political tactic of the courts while maintaining the prosecution of disloyal subjects. Setting bail so high means ordinary people cannot reach it. Despite this high price for freedom, the monarchy reform movement and several civic associations manage to secure bail for most defendants. This article examines fundraising role as a form of resistance against the power of the court and the crown.