Judiciary, military, impunity

20 09 2018

Under the military dictatorship the judiciary has been less interventionist that it was when it opposed elected governments. The royalist elite charged the judiciary with drawing lines in the political sand and protecting it against uppity elected governments.

But the loyal servants of monarchy and military on the bench can still be quite royally repugnant when they are told to enforce the military’s will or charge themselves as enforcers.

Sawai Thongom was shot in a 2009 protest against the Abhisit Vejjajiva regime. That left him disabled. Later, a “court ruled the armed forces must pay him 1.2 million baht…”.

Not long after that an appeals court “overturned the judgment on appeal, ruling that the bullet wounds sustained by Sawai and another injured plaintiff were caused by a type of gun not issued to soldiers.” [As far as PPT can recall, this is not the case, and the Army does have the weapon in question.]

The case went to the Supreme Court, which decided that not only was Sawai up for “over 300,000 baht in fees and damages for harming the military’s reputation.”

Yes, we know, the military’s reputation is as murderous thugs, but one of the judiciary’s tasks is to save the face of big bosses in state positions maintain the impunity of the military.

The latest twist is that not only has impunity and face been maintained, but the junta has decided to further punish the disabled Sawai; they have seized his land and his money.

In June, “all the money in his bank account, just over 5,000 baht” was grabbed by the military’s thugs. More recently, Sawai received a letter “telling him he must surrender the deed to his 8 rai (1.3 hectare) of land in … Surin province.”

The letter said his land was valued “at 460,980 baht, the letter said it would be auctioned off to compensate the military.”

Interestingly, Sawai is fighting back and is now supported by “[v]eteran political activist and former lese majeste prisoner Somyot Prueksakasemsuk [who] is helping him raise funds and file petitions.”

Somyos said:

Will citizens dare to sue the state in the future if there’s such a crackdown?… You get shot and become physically handicapped. Then you go to the court and end up having to pay the army.

Sawai is unwilling to hand over his land title. He also realizes the government can sell it regardless. He knows that he’s merely buying time for what he fears is the inevitable outcome.

The Army has been prancing about in red shirt-dominated electorates intervening in “loan sharking” and returning land to farmers. But when it comes to the “dignity” of the murderous thugs of the Royal Thai Army, there is no sympathy. Rather there is just punishment.

Justice in Thailand excludes the poor as it protects the rich, the monarchy and the military.

Sawai has another mark against him. He holds political views that irk the royalist elite. On joining the rallies in 2009, he says of the Abhisit regime: “I did not join the protest due to hatred. I just oppose a party with minority seats forming a government on a military base…”. He continued: “I am just a normal person who, unarmed and wearing a Redshirt, exercised my rights to sue the armed forces…”.

It seems that no such right exists. Impunity remain intact.


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