Updated: Courts, media, monarchy and constitution

4 12 2020

A couple of short reports that PPT found interesting.

On Wednesday, the Constitutional Court also ruled that:

… summons orders issued by the now-defunct military regime are unconstitutional.

The court ruled by a vote of 7-2 that NCPO Announcement No.29/2014 contravened Section 29 of the constitution.

The court also ruled by a unanimous decision that NCPO Announcement No.41/2014 runs counter to Section 26 of the charter.

Announcement No.29 ordered people to report to authorities while Announcement No.41 stipulated penalties including criminal action against those who failed to report.

Given that several hundred were detained, this ruling opens a channel for former detainees like Nitirat’s Worachet Pakeerut of Thammasat University and a law professor to look at filing “a suit for damages from former members of the now-defunct National Council for Peace and Order (NCPO)…”.

In another story, we zoom right. Right-wing ultra-royalist Warong Dechgitvigrom and his nutter friends in Thai Pakdee have “asked the Constitutional Court … to halt the charter change process, claiming it could overthrow Thailand’s system of governance.”

As happened in the recent past, rightists oppose any move to change even punctuation in the charter claiming the sky will fall. Watch what the Court decides on this.

The third story is about how to make the media monarchist. We all know that the media is under pressure to make the monarchy look great, but The Dictator recently complained:

During a visit to the Defense Ministry today, [Gen] Prayuth Chan-o-cha was expounding on why the media should remain neutral amid protests to his rule when he noted “inappropriate” newspaper front pages on which photos of the king and queen appeared smaller than those of recent protests.

“What does this mean?” he said. “You have to weigh whether this is appropriate.”

The report then explains pro-monarchy edicts:

Prayuth was getting at guidelines long observed quietly by newsrooms on how to uphold the supremacy of the monarchy by strictly adhering to rules for how it is presented. While most newspapers around the world position front page stories based on their news value, impact and photographs; Thai newsrooms follow agreed-upon rules dictating what appears on A1 – and where.

For example, obligatory royal news items – usually routine ceremonies or dedications – must appear above other stories, with royal faces minor and major appearing higher than anyone or anything else on the page. As with every television channel’s inclusion of “royal news” at the peak prime time of 8pm, it serves to reinforce the primacy of the royal family in everyday life.

It’s good to know what the regime expects.

Update: For a more detailed explanation of Worachet’s Constitutional Court decision, see Prachatai. That report also cites Deputy Prime Minister Wissanu Krea-ngam, who is reported as saying:

If the Court decided that the Orders contravened the Constitution, then they became ineffective. “After 2017, it is admitted that some people were summoned in the belief that the order was not unconstitutional. But when the Court decides that it is unconstitutional, then it is,” Wissanu said.

However, Wissanu confirmed that the Court’s decision would not be retroactive and defendants could not sue officials. “Because the officials proceeded in the understanding that it was not unconstitutional, and because there was no ruling, if they had not proceeded, they might themselves have been guilty. For now, if anyone is still being prosecuted or consideration of the case is unfinished, they must all cease.”


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