Release Pai XII

6 04 2017

The (in)justice system in Thailand continues to behave as the junta’s messengers.

Prachatai reports that on 5 April, the Region 4 Appeal Court confirmed the ruling of the Court of First Instance not to release Jatuphat Boonpattaraksa, who faces a fit-up on lese majeste charges.

The court agreed with the other court that releasing New Democracy activist Jatuphat was impossible. They concurred that the activist had mocked the authority of the state without fearing the law and is facing other charges for violating the Public Referendum Act and the military junta’s ban on political gatherings.

The court stated that “the suspect could try to interfere with evidence or jump bail if he is released.” He certainly didn’t jump bail when he briefly had it earlier.

Sawatree Suksri from Thammasat University’s Faculty of Law “pointed out that one goal of bail is to allow defendants to fight their case fairly.” That’s the point. The junta, the palace and the courts are not interested in justice or legal fairness.

She said that “[b]ail allows defendants to seek and develop evidence for their case more freely, and to consult with their lawyer privately.” That’s the point. The junta, the palace and the courts are not interested in justice or having a defense against lese majeste. They just want to lock defendants up for years.

Sawatree says that “bail assists defendants to seek justice to the best of their ability, bail rejections should be an exception rather than the rule.” In lese majeste cases, where there is no justice, are the rule.

We can be sure that the repeated refusal of bail is the junta’s decision and may well reflect the position of the palace. Both are seeking to send a message that political activism is out and that even pointing to something that is accurate but critical of the monarchy must be considered a political abomination. Neither group has a track record suggesting respect of the law.





Constitution to be revealed

4 04 2017

All media have dutifully reported that the king, who we guess is back from Germany or will be soon, will “formally enact the new constitution on Thursday, which also marks the anniversary of his dynasty’s reign over Thailand.”

That seems entirely appropriate in the sense that the regime came to power following a military coup that murdered the previous king.

But the symbolism doesn’t end there. It links the junta’s and king’s constitution to the monarchy. His father only seemed to take an interest in constitutions early on, when the hated Generals Phibun and Phao forced one on him and he had threatened to abdicate. After General Sarit ran his royalist coup, the king knew he wasn’t bound much by them. In 1991, he faxed the draft back and forth and said it was “good enough.”

The fact that citizens have “yet to see it in its entirety” is said to make the charter “unique.” It is that since the draft was “approved” in August 2016, in a “referendum” that was “organized by the military regime,” but after that, the king “instructed the drafters in January to alter some provisions in the charter, changes were approved by the junta’s rubber stamp parliament, but the document itself was never released to the public.”

More than that, the “referendum” itself was a sham event: “critics say many who voted for the draft did so because the junta never made clear what would have happened had they rejected it, and opponents of the charter were routinely punished for campaigning against it.” Punishment included fines and jail, along with numerous threats and a heavy military presence.

Another feature that marks out this charter is that it allows the military to control politics for years to come.

For all of that, “[a]ccording to a palace statement … [the k]ing … will preside over the ceremony at 3pm in the Ananda Samakhom Throne Hall.” Presumably, at some time after that, the citizens who are supposed to accept the bogus constitution will finally learn what is in it and, more interestingly, how the king has benefited from the changes he demanded.

To link the monarchy and the military to Buddhism, “[a]ll temples throughout Thailand are instructed to toll their bells at that hour to celebrate the occasion.”

We are sure “celebrate” is the wrong term. In fact, a dirge would be more appropriate as electoral democracy is to be buried by the junta.





UN Human Rights Committee findings

29 03 2017

The UN Human Rights Committee has published its findings on the civil and political rights record of countries it examined during its latest session. These findings are officially known as “concluding observations.” They contain “positive aspects of the respective State’s implementation of the International Covenant on Civil and Political Rights (ICCPR), and also main matters of concern and recommendations.”

All of the reports generated for Thailand’s review, including the Concluding Observations are available for download.

The Committee report begins by welcoming Thailand’s “submission of the second period report of Thailand, albeit 6 years late, and the information contained therein.”

There are 44 paragraphs of concerns and recommendations. There’s a lot in it: refugees, enforced disappearances, Article 44, freedom of expression, torture, constitutional issues, arbitrary detention, the National Human Rights Commission, military courts, problems in the south, repression during the constitutional referendum, defamation, computer crimes, sedition and much more.

We just cite the comments on lese majeste:

37. The Committee is concerned that criticism and dissention regarding the royal family is punishable with a sentence of three to fifteen years imprisonment; and about reports of a sharp increase in the number of people detained and prosecuted for this crime since the military coup and about extreme sentencing practices, which result in some cases in dozens of years of imprisonment (article 19).

38. The State party should review article 112 of the Criminal Code, on publicly offending the royal family, to bring it into line with article 19 of the Covenant. Pursuant to its general comment No. 34 (2011), the Committee reiterates that the imprisonment of persons for exercising their freedom of expression violates article 19.  





Updated: Going after grannies

9 03 2017

The junta doesn’t discriminate when attacking and repressing its opponents. Age, gender and location are no barriers to repression.

Over the past couple of days, it seems the military dictatorship has turned its attention to repressing grannies.

A story at Prachatai reports that 20 villagers in Udornthani have ended a court case by pleading “guilty for violating the junta’s public gathering ban for supporting a referendum monitoring campaign.”

They could not afford to fight the case, so decided to plead guilty. Eight of the villagers are aged over 60 and several suffer chronic illnesses.

The “Udon Thani Military Court ruled that 20 villagers from Sakon Nakhon province were guilty of violating NCPO Head Order 3/2015, the junta’s ban on public assemblies of five people or more.”

The military court “sentenced the villagers to 1 month in jail each and fined each 5,000 baht” but reduced this “to a 2,500 baht fine and a 15 day suspended jail term” after the guilty pleas.

The case came “after the villagers took a photo with a banner from the Anti-Electoral Fraud in the Referendum Centre, the constitutional referendum monitoring centre run by the red-shirt movement.”

The junta and its military thugs considered them scary red shirt grannies. How low can the junta go? Very, very low.

Prachatai points out that:

During last year’s referendum, at least 143 people across eight provinces were prosecuted for violating NCPO Head Order 3/2015 after joining Anti-Electoral Fraud in the Referendum Centre’s campaigns. 74 of them decided to sign an agreement promising not to participate in any political activity in exchange for an end to their prosecution. Some pled guilty in courts to have their sentence reduced.

The arrests were a means of deterring anyone who considered the “referendum” somehow real and wished to participate in any way other than agreeing with the junta’s “constitution.”

That “approved” charter has since undergone changes and is still not approved by the king (he’s busy undoing royal titles for monks). It was meant to herald and “election,” and that is being delayed again and again so that the junta can further consolidate its position.

Update: Another Prachatai story notes that the military junta has “celebrated” International Women’s Day by pressing charges against seven women who are villagers opposing a local gold mine in Loei Province. The report states:

On 16 November last year, Ponthip Hongchai led 150 villagers in a protest at Khao Luang Subdistrict Administration Office where local officials were revising a request from Thungkham Limited, a gold-mining company, to extend its mining license. The protesters urged the office to immediately end the revision process.

On 18 December, a police officer accused Ponthip and six other female villagers of violating the junta’s ban on public assembly. 16 officials at the administration office also accused the six of coercing them into cancelling the revision process.

The seven will be summoned again on 30 March to hear whether a general-attorney [attorney-general] will indict them.

The Tungkum Company has had significant regime support and the junta see the villagers as having support from anti-regime activists.





Unusual, extraordinary, exceptional

23 02 2017

The amendments to the junta’s draft constitution remain secret. At last, the media is beginning to notice that this secrecy and the processes involved are strange.

Khaosod quotes legal scholar Jade Donavanik who said that it is “unusual for constitutional revisions to be submitted for royal consideration without first disclosing them to the public…”.

He added that this was especially the case since the draft charter was “approved by public referendum.” Of course, that referendum was a farce and a PR show by the junta, so it has no particular reason not to alter a document “approved” in such a sham referendum.

But the law professor did hedge, saying such secrecy “could be acceptable under certain conditions…”. What conditions might these be? Jade isn’t clear, at least not in this account. PPT can’t think how any constitutional changes could be kept secret in the modern world.

Jade did say: “It’s an extraordinary circumstance…”. It is indeed. He continued: “I’m not sure if this has ever happened in history, but I suppose it probably happened before in exceptional cases such as this one.”

We can’t think of a previous situation like this, ever, but if readers can help, let us know.

Thailand’s serfs must wait for the king to tell them what he demanded and what he got. And, they can do nothing about it. When the secrets are revealed, under threat of lese majeste, we assume that no critical commentary will be permitted.





Secrets, constitution and election

19 02 2017

Not that long ago, PPT posted on the secret amendments to the draft constitution. Despite the sham “referendum” on the “constitution,” the king demanded changes that, according to The Dictator’s account, give the king more power and flexibility.

Those amendments were crafted, in secret, by a puppet committee. Then the military junta declared that these palace and junta secret amendments would only be revealed to the public by the Office of His Majesty’s Principal Private Secretary.

We remain in awe of the notion that a “constitution” put to a “referendum” can then be amended by a feudal institution and announced by that same feudal encumbrance. This is certainly a defining feature of Thailand’s authoritarianism in the tenth reign.

The Bangkok Post again quotes Deputy Prime Minister Wissanu Krea-ngam on this bizarre process. He says the “draft constitution has been re-submitted to … the King and its revised content will be revealed soon…”.

He can’t say when, because that choice remains with the feudal forces of the palace.

Remarkable, even in this extraordinary process, Wissanu is quoted as saying that the junta’s “cabinet will be officially informed about it on Tuesday…”. We assume that “it” refers to the changes made.” But who knows, this is such a farcical exercise.

Wissanu then turned to the delayed junta “election.” He declared taht the junta’s so-called “roadmap to a general election remains intact…”.

That nonsensical claim was then amended: “It’s only that we can’t fix the date of each step as everything is set within a framework…”.

That’s in part because they don’t seem to know what the king will do. Wissanu says that the “date the constitution is proclaimed will be the start.” Then there are junta laws to draw up “on national reform and national strategy” and these “must be completed four months after that [proclamation of the constitution].” Then the organic laws “will be completed within six months from that date…”. He then got to the junta’s “election,” stating the “general election date can be set once the organic law on elections is proclaimed.

That the “election” is delayed hardly bothers the junta. It wants it delayed so it has plenty of time to prepare for its “election” victory.

They continue to work at neutering the Shinawatra clan and its supporters and the “reconciliation” talks give them the opportunity to sound out their potential electoral allies. The junta is also working to ensure that the bureaucracy is junta-friendly and sufficiently anti-Shinawatra and anti-“politician” so that the election counts for nothing.





Secret constitution amendments

15 02 2017

Readers will recall that the military junta’s “constitution” was sent to a process it described as a “referendum.”

Despite that exercise in (false) legitimacy, the junta then had to withdraw the draft constitution to make changes demanded by King Vajiralongkorn, said to increase his powers.

During the amendment process, the exact changes were kept secret.

The Bangkok Post reports that Deputy Prime Minister Wissanu Krea-ngam has declared that the secret “[a]mendments to the constitution … have been completed…”.

The “handwritten copy of the constitution, in the form of an accordion-style scroll by the Bureau of Royal Scribes and Royal Decorations of the Secretariat of the Cabinet, was also scheduled to be completed today.” Then it is sent to the king for another look at it.

The Dictator has not requested an audience with the king, so we can guess that the changes have been made to the “constitution” in a way that will please the king.

We think it is remarkable that the secret amendments will be announced by the palace rather than the junta. Wissanu stated: “The Office of His Majesty’s Principal Private Secretary would disclose the content of the amendments to the public…”.

That seem to us to be something quite novel, even for royalist Thailand.