Justice system a politicized tatters

Thailand’s judiciary is in tatters. Politicized for years, conscripted into judicial activism and royalist to the core, the judiciary is unable to work independently or even to maintain rule of law.

The most recent example involves the Appeals Court upheld an earlier court ruling “that dismissed a trial against nine yellow-shirt leaders who demonstrations against late prime minister Samak Sundaravej in 2008.”

The court decided, against all evidence, that Chamlong Srimuang, Sondhi Limthongkul, Pipob Thongchai, Somkiat Pongpaiboon, Somsak Kosaisuk, Suriyasai Katasila, Chaiwat Sinsuwongse, Amorn Amornrattanond and Therdpoum Jaidee:

were … not guilty … [when] the Appeals Court …ruled that their protests under the now-defunct People’s Alliance for Democracy … were conducted peacefully and according to democratic principles.

They had stood accused of “attempting to use force to change the government and instigating chaos in the country.” This related to their extended protests in Bangkok and the seizure of government offices. Other charges relates to possessing weapons such as baseball bats, iron bars, axes and catapults.

The Appeals Court dismissed the weapons charges saying they may not have belonged to the protesters. The court then “found that the defendants were not guilty when they obstructed the authorities’ attempts to demolish their tents, saying that the incident did not start from the defendants’ side,” despite the fact that they occupied these buildings and their grounds.

The court then “ruled that the protests led by the nine defendants in 2008 were conducted peacefully, in a manner which was allowed in a democracy and under the Constitution.”

Of course, similar manufactured dismissals were manufactured as convictions for red shirts.

The justice system has brought itself into disrepute.

Updated: Bankrupt PAD

As widely reported, including in the Bangkok Post, 13 core members/leaders of the People’s Alliance for Democracy face a combined bill of 522 million baht incurred as a court’s decision on compensation to the Airports of Thailand Plc, for losses incurred “by the 10-day closure of Suvarnabhumi and Don Mueang airports 10 years ago.”

Apparently, “a legal execution notice sent by prosecutors, who were authorised by the operator of the two gateways, to seek the payments.” This follows a 2011 ruling by the Civil Court upheld by the Appeals Court and the Supreme Court between 2011 and 2017.

This might be good news for those who were outraged by PAD’s illegal actions that led to the judicial coup of December 2008.

But is it? It seems that the PAD leaders will simply declare themselves bankrupt.

The 13 are Chamlong Srimuang, Sondhi Limthongkul, Pipop Thongchai, Suriyasai Katasila, Somsak Kosaisuk, Chaiwat Sinsuwong, Somkiat Pongpaibul, Amorn Amonrattananond, Saranyu Wongkrajang, Samran Rodpetch, Sirichai Mai-ngam, Maleerat Kaewka and Therdpoum Chaidee.

While Sondhi is in jail for another unrelated offense, we guess that the rest have had plenty of time to organize their personal finances.

Criminal lawsuits are continuing.

Update: Confirming our comments above, the PAD group has thumbed its nose at the courts (again). Chamlong “said he cannot find the money to pay, and he had no assets which can be seized.” In any case, he rejects the notion of compensation to Airports of Thailand: “I insist I did nothing wrong. Why was I ordered to pay such a huge sum of money — as if we burned buildings. But we never burned a single building…”. He added that “he does not regret the consequences he now has to face as he did it in the best interests of the country.” His yellow compatriot, Sirichai Mai-ngam simply said: “We have no money. We won’t run away. We won’t pay…”.

Bangkok protests

The Bangkok Post reports that summonses have now been issued targeting  the 10 co-leaders of the People’s Alliance for Democracy (PAD), “requiring them to report to police for violating an order of the Centre for the Administration of Peace and Order (CAPO)…” under the Internal Security Act. CAPO prohibited the use of roads around Government House and the parliament that were occupied by PAD .

Those summonsed are: Maj-Gen Chamlong Srimuang, Sondhi Limthongkul, Prapan Khoonmee, Panthep Puapongpan, Rak Rakpong (Samana Pothirak, leader of the Santi Asoke sect), Suriyasai Katasila, Terdphum Jaidee, Pibhop Dhongchai, Amorn Amornrattananond and Tossapol Kaewthima.

While Chamlong Srimuang said his group would co-operate  with the police, he had brought a civil suit against a police investigator on the 2008 airports case, and The Nation reports that the The Thai Patriot Network had “filed a complaint with Central Administrative Court, asking the court to annul the government’s ban on demonstrations in seven Bangkok districts…. The complaint alleged that Prime Minister Abhisit Vejjajiva and his Cabinet had unlawfully invoked the Internal Security Act to ban demonstrations in seven Bangkok districts.”

PAD protests are likely to be bolstered each time there is a clash on the Thai-Cambodian border. PAD’s unhappiness with Prime Minister Abhisit Vejjajiva is likely to further increase.

The red shirts now seem remarkably “well behaved” when they protest.

Just to add to the mix of protests, the Bangkok Post reports that the Assembly of the Poor, which was seen as weakening, now “says thousands of its members are on their way to Bangkok for a protest to put pressure on the government to open all the sluice gates of the Pak Moon dam and properly compensate people affected by its construction.”

An AOP protest in 2007

The AOP has been rallying in front of the Ubon Ratchathani provincial hall for more than a month and has now decided “to move its protest to the parliament in Bangkok.” The AOP expects 5,000 assembly members to make the trip to Bangkok.

Their action follows an unfulfilled promise in December from PM’s Office Minister Sathit Wongnongtoey to “seek cabinet approval for the permanent opening of the dam’s sluice gates.” Nothing had happened since the promise was made.

It seems that the Abhisit and his government is now faced with a growing array of issues and problems – the south, corruption, the border, protest groups, red shirts, the failure of investigations into the events of April and May 2010, increasing army dissonance, etc. – that make for considerable political uncertainty.