Updated: Problematic courts

22 10 2021

The courts have long demonstrated double standards and this has been especially the case for the Constitutional Court. That court’s latest decision is another example of its politicization.

On Wednesday, the Constitutional Court ruled “that Paiboon Nititawan, a former MP of the dissolved People Reform Party … retains his parliamentary status, on the grounds that he has not violated any provisions of the Constitution, as claimed by opposition MPs.”

Rightist Paiboon dissolved his party immediately after the rigged 2019 election and teamed up with his political buddies in the junta-formed Palang Pracharat Party. As Thai PBS has it:

The court took note that the People Reform Party resolved to dissolve on August 5th, 2019 and notified the registrar of political parties. This was followed by an announcement from the Election Commission on September 6th of the dissolution, published in the Royal Gazette.

Paiboon, according to the court, joined Palang Pracharat on September 9th, 2019 and the House of Representatives was notified by its leader on October 7th of the same year.

The court also ruled that Paiboon, in his capacity as the leader of People Reform Party, was legally bound to undertake the liquidation process to legally dissolve his party.

On the issue of “Paiboon’s obligation to the People’s Reform Party, post-dissolution, [which] was referred to the Constitutional Court by Parliament Speaker Chuan Leekpai,” the court “ruled that Mr Paiboon’s MP status was not affected by the issue and so remained intact on account of the legal dissolution of the People’s Reform Party.”

The long and the short of this is that opposition parties get dissolved on precious little evidence and on skimpy grounds, while a regime fellow traveler can stand for election in one mini-party, ditch the party and its “members,” and can get a free pass to transfer even when he was a party-list member for the dissolved party.

Of course, this provides an avenue for small parties to now merge with the regime party, something likely required for the next election. The court has paved the way.

Compare the brazen political favoritism of the Constitutional Court and the nastiness and political bias of other courts:

  • Yet more anti-democrats are let off. Sure, one copped jail, but that means nothing as those who violently blocked voters get a free pass.
  • Sitanan Satsaksit, sister of Wanchalearm Satsaksit, who was abducted and disappeared in Cambodia, and who, for obvious reasons, has had no information, support, or anything else from the regime that knows what happened, has been “charged for allegedly hosting an activity in breach of Covid curbs.” More buffalo manure charges to silence and threaten critics.
  • Young protesters continue to rot in jail, refused bail.
  • Penguin “Parit” Chiwarak now faces 21 lese majeste charges (and more to come). He’s held without bail.
  • The Bangkok South Criminal Court on Thursday ruled that Benja Apan, a Thammasat third-year student charged with lese majeste, cannot have bail.

See a pattern? It is contemporary authoritarianism.

Update: For more on the third rejection of Benja’s bail, see Prachatai.


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