NACC and evidence

2 04 2014

During the period following the 2006 military coup, the judiciary and “independent” agencies repeatedly trampled over principles of law in order to deliver decision that were in the interests of the royalist elite.

PPT can think of several such cases that involved double standards and the jettisoning of all legal principles. A favorite is the junta’s Assets Scrutiny Committee (or the Asset Examination Committee) which was stacked with anti-Thaksin Shinawatra appointees and its work was only ruled legal because it was undertaken under junta rules. That committee’s secretary Kaewsan Atibhodhi claimed “evidence and witnesses are useless,” with one of its panels recommending legal action without hearing 300 witnesses or considering 100 additional pieces of evidence (Bangkok Post, 9 April 2008). Another example is the 2008 judicial coup that resulted in the dissolution of several parties that formed the government, where the Constitutional Court refused to hear more than 200 witnesses in the defense of the three parties that were dissolved (a pro-royalist account of this is available).

Why do we recall all of this? Simply because a similar process is now underway at the National Anti-Corruption Commission, which is making itself some kind of judge and jury but which refuses to follow normal legal procedures. The situation that reflects this is the appearance of Prime Minister Yingluck Shinawatra at the NACC, where she made available “200 pages of evidence” and  “asked the NACC to consider her documents and she would be willing to provide more information if needed.” In addition, she “told the NACC that she has prepared 11 witnesses to argue against the charges in 13 points…”.

Within about 24 hours, the NACC had made a decision on this. According to the Bangkok Post, the NACC has decided to only allow Yingluck “to bring in three more witnesses in a case where she is accused of dereliction of duties involving the rice-pledging scheme.”

Yes, in about a day, the NACC apparently considers that we should believe that it has read and digested the information and requests it received. Of course, it hasn’t. Evidence doesn’t matter in the progress of the judicial coup. Rather, the NACC has taken yet another politicized decision yet again and is seeking to wrap up its role in the judicial coup as quickly as possible.


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3 04 2014
Another step towards the judicial coup | Political Prisoners in Thailand

[…] Royalist Senator Paiboon claimed that he “expects the court to make a decision in two weeks because the case is not complicated and there is no need to hold further hearings.” Another case in the developing tradition of royalist court decisions where evidence and witnesses count for nothing. […]

3 04 2014
Another step towards the judicial coup | Political Prisoners of Thailand

[…] Royalist Senator Paiboon claimed that he “expects the court to make a decision in two weeks because the case is not complicated and there is no need to hold further hearings.” Another case in the developing tradition of royalist court decisions where evidence and witnesses count for nothing. […]

7 04 2014
NACC bias | Political Prisoners in Thailand

[…] In a story reported at The Nation, the National Anti-Corruption Commission has declared that it “will give caretaker Prime Minister Yingluck Shinawatra a fair chance to defend herself and will use the same standards as in court trials…”. We assume this is in response to media outlets and others pointing out that the NACC was not prepared to hear all of the witnesses Prime Minister Yingluck Shinawatra wanted for thi…. […]

7 04 2014
NACC bias | Political Prisoners of Thailand

[…] In a story reported at The Nation, the National Anti-Corruption Commission has declared that it “will give caretaker Prime Minister Yingluck Shinawatra a fair chance to defend herself and will use the same standards as in court trials…”. We assume this is in response to media outlets and others pointing out that the NACC was not prepared to hear all of the witnesses Prime Minister Yingluck Shinawatra wanted for thi…. […]




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