It is a nightmare scenario. Melbourne-born journalist, Harry Nicolaides, remains imprisoned in Bangkok after being arrested on August 31 this year on the ancient charge of lese majeste, the crime of insulting the Thai monarchy. He was detained by Thai police at Bangkok airport when about to board a flight for Melbourne. The arrest warrant alleged Nicolaides committed the offence in his novel, Verisimilitude, which the author self-published in Thailand in 2005. He faces up to 15 years of imprisonment if found guilty.
 
Nicolaides shares a cell with up to 90 prisoners, including murderers, rapists and drug runners. He has witnessed violent outbursts and fighting. The prisoners share one toilet among them and Nicolaides wears a surgical mask at night to protect his deteriorating health. He has lost weight and relies on food organized by his family, and delivered by outside services. There are days when it does not reach him and is probably stolen.
 
The greatest agony is the uncertainty.  Nicolaides does not know when his case will be resolved. With each passing day he feels more abandoned. His elderly parents are in a state of grieving. They are too old and in poor health to visit him, and are burdened by the belief they may never see him again. His brother Forde Nicolaides has made numerous representations on his behalf. The case is consuming the family.
 
The offending words appear in a paragraph discussing the romances of a fictional crown prince in a novel of which only 50 copies were printed in manuscript form.  Nicolaides has since retracted the book and apologized to the royal family and the Thai people for any offence caused by his ‘reckless choice of words’.
 
There are many disturbing aspects to this case. While all Thais charged with the offence are bailed, Nicolaides has been refused bail in four applications. As his lawyer, Mark Dean SC, has pointed out, he is not being treated equally before the law. Before his book was released Nicolaides sent copies of extracts, including the paragraph in question, to the Thai Ministry of Foreign Affairs, the Bureau of the Royal Household, and the Thai Ministry of Culture, for approval. He received no reply. A copy of the manuscript was accepted by the National Library of Thailand and given an ISBN number.
 
Nicolaides appears to be a victim of the deep malaise in contemporary Thai politics, which has seen a people’s uprising against a government that was recently found guilty of fraud by the judicial system.  Nicolaides’ supporters suspect he has been used by the ruling political party which wanted to be seen as protecting the King and the popular institution of the monarchy at a time when the ruling party was so unpopular. Now that a new Prime Minister has been appointed, perhaps a new window of opportunity for has opened up for reconsidering Nicolaides the case.

  Nicolaides’ family is keen to point out that they have no argument with the Thai Royal Family. Indeed, King Bhumibol Adulyadej has publicly expressed his unease with the law of lese majeste. Their argument is with the Department of Foreign Affairs and Trade and with Stephen Smith, the Foreign Minister. While they are grateful for the weekly visits by Australian consular officials and support on the ground in Thailand, they believe more should be done to track down the source of Nicolaides’ imprisonment to determine whether he has been used as a pawn in Thai politics. They point out that the Foreign Minister’s mantra, that the Australian government cannot be seen to interfere with the judicial system of another country, does not make sense in the face of a political system that is currently so deeply divided.

  The Minister and his department should appoint independent investigators into the circumstances of Nicolaides’ arrest to determine whether he is being discriminated against as a foreigner in Thailand. His detention is a breach of Article 19 of the International Covenant on Civil and Political Rights, which guarantees the right to freedom of expression and to which Thailand is a party.  By indications, he is a political prisoner.

  Nicolaides’ case involves a fundamental breach of human rights and he should be released immediately. As far as International PEN is aware, this is the first time an Australian writer has been arrested and jailed for his work in a foreign country. The Department of Foreign Affairs and Trade should do everything in their power to help him.

In his recently published collection of essays, Other Colours, Nobel Laureate, Orhan Pamuk writes, ‘when another writer in another house is not free, no writer is free.’ To this we can add, that when an Australian citizen is imprisoned under such dubious circumstances we are all responsible. As the festive season approaches spare a thought for this man. Write to the Foreign Minister’s office and demand stronger action. Harry Nicolaides has endured enough agony.

Arnold Zable is the president of the Melbourne Centre of International PEN.