Double standards are the only “standards”

16 07 2017

PPT has several times posted on the undermining of the rule of law under the military dictatorship. The essential underpinning of the junta’s injustice system is double standards.

Readers may have noticed a swathe of cases brought against the junta’s political opponents of late. These include cases against the Shinawatra clan, including laws to be used retroactively, red shirts and anti-coup activists.

At the same time, there have been precious few cases against the junta’s allies. Yellow shirts, where cases go back to at least 2008, have barely been touched. The anti-democrats of 2013-14 have seldom been subject to any legal action, and when they are, the outcomes seem to be benign when compared with the treatment meted out to junta opponents.

Political double standards are everywhere. The latest iteration is the support to rubber growers. Of course, they were supporters of the anti-democrats and the military coup. Yingluck Shinawatra is being tried and harassed for price support to rice growers.

The legal double standards that serve the rich go back decades, but this dictatorship has done nothing to change them. Indeed, the symbolic case of the rich getting away with murder is that involving Vorayuth “Boss” Yoovidhya, of the filthy rich Red Bull family, who has been free and living the life of a domestic and international playboy since 2012. Despite occasional movement among authorities, usually caused by media reports, nothing much has happened.

The latest report is that “[p]olice have yet to send a request to the Attorney General’s Office for the extradition of … Boss … accused of killing a policeman in a hit-and-run case five years ago, according to an official in charge of extradition.”

Amnat Chotichai at the Attorney General’s Office said “they were waiting for the request. Amnat stated: “As of now, the police have yet to send us the request. I don’t know what’s causing the delay…”.

Everyone knows what the delay is. It is that the Yoovidhya’s are fabulously wealthy, very powerful and have lots of friends in the regime and in the bureaucracy. The longer they delay, the closer the statute of limitations.

Notice that the puppet National Legislative Assembly was able to vote “unanimously … to pass the controversial draft organic law on criminal procedures for holders of a political position.”

The double standards are so wide that a fleet of buses could be driven through the dictatorship’s gape. The double standards gap expands still further when the military dictators begin to talk of morals.

What can we make of the deputy chairman of the junta General Prajin Junthong telling “education officials” that they need “increase focus on religions in their teaching curriculum”?

Rather like a historical clutch of military and royalist commentators, the general reckons that education is about shaping the lower classes to ruling class ideology. A tepid subaltern class and a strong moral ideology have long served the rich and powerful. Of course, the rich and powerful are not held to this same moral ideology; its just about political control. But it’s also a double standard.

General Prajin declares that education can be dangerous: “Having only education to increase one’s knowledge, ability and talent is not enough…. Because they may use that knowledge in a wrong way and take advantage of other people…”. It is the lack of “religion” in education leads to immorality and corruption.

By “religion,” we can assume that the general means Buddhism, but we can assume that he means particular state-authorized or junta-sanctioned Buddhism. (Certainly not that Wat Dhammakaya stuff!) We can assume this because the general goes on to babble that “schools should also teach their students to appreciate ‘Thainess’.”

“Thainess” and “religion” have little to do with “morals.” For the junta, they mean order and stability, not to say political docility. And, naturally enough, the junta is not bound by “religion” or “morality.” It prefers nepotism, corruption, torture, commissions and unusual wealth.

Double standards? Yep. The junta didn’t invent double standards but has made them stark. In doing so, the junta has seriously undermined justice and the rule of law.





More retroactive “law”

14 07 2017

One of the most significant acts by the military-backed regime put in place following the 2006 military coup was the dissolving of the Thai Rak Thai Party through the application of a “law” applied retrospectively.

That application of a junta decree indicated and demonstrated double standards in the judicial system and promoted the further politicization of the judiciary. Today, almost all arms of the judiciary are politicized and biased. In lese majeste cases, the law is not even considered important in gaining convictions.

We are not saying that the judicial system in Thailand was ever independent, unbiased and fair, but the deterioration under the influence of military regimes and their civilian clones has been precipitous.

Whatever one thinks of Thaksin Shinawatra, the Bangkok Post’s report that several court cases against the former prime minister “are expected to be resumed in absentia following a new organic law endorsed by the National Legislative Assembly (NLA)” is another example of the manipulation of the law and the politicization of the judicial system.

It is no surprise that the reduced puppet NLA “voted unanimously … to pass the controversial draft organic law on criminal procedures for holders of a political position.” (The NLA is reduced as several puppets resigned to prepare for the junta’s “election,” suggesting that the NLA has been tipped off on the date of the election, while the public is kept in the dark.)

While the change to the law to allow for trials in absentia may be considered a useful change, it is clear that this is “Thaksin’s Law,” meant to banish him from Thailand forever. (Of course, he is not the first “enemy” of the monarchy to be banished from Thailand for life.)

As the Post report notes: “Cases which have gone to the court before the enactment of this law will also be affected, meaning the law will be retroactive….  In general, rule of law forbids prosecutions under laws passed after the alleged crimes were committed.”

The anti-democrats will cheer this. Yet they are complicit in the undermining of the rule of law in Thailand.





Washing away the blood

12 06 2017

There’s no debate. In April and May 2010, the Abhisit Vejjajiva regime ordered troops to clear red shirt protesters. Those military actions left about 100 dead and thousands injured. Almost all of the dead were civilians.

Abhisit’s then deputy  Suthep Thaugsuban says he gave the orders. That a prime minister shirks responsibility for the work of his government is a clear statement of Abhisit’s gormless egoism. In any case, it means little in a context where the regime had established the Centre for the Resolution of Emergency Situations as a collective organization for making decisions on the crackdowns. As premier, Abhisit established CRES and was part of it while Suthep was its director.

Other members included then Defense Minister General Prawit Wongsuwan, now Deputy Dictator, then Army boss General Anupong Paojinda and former Department of Special Investigation boss Tharit Pengdit. Its secretary was the notorious fabricator, Thawil Pliensri.

The Army, Abhisit and Suthep have repeatedly claimed that soldiers weren’t responsible for any deaths, blaming “men in black.” This despite the fact that, for example, courts finding soldiers responsible for many of the deaths and that more than 100,000 live rounds were used in 2010, with more than 2,000 sniper rounds used.

The Abhisit and Suthep denial of responsibility has gone on for years and the “justice” system has agreed with them, kind of. The “justice” system has said they gave “legal” orders.

Prachatai reports that the Supreme Court “has accepted a lawsuit against a former chief investigator who dared to accuse Abhisit and Suthep of murder for ordering the bloody military crackdown on anti-establishment red-shirt protesters in 2010.”

That “investigator” is the eel himself, the former DSI boss, Tharit. Since the 2014 coup, the junta, royalists and the elite have vigorously gone after Tharit for his perceived betrayals.

The accepted lawsuit is against Tharit and his deputies and a couple of investigators. It is stated that the “four comprised the team tasked with investigating the violent crackdown on the United Front for Democracy Against Dictatorship (UDD) demonstrators, the main red shirt faction, between April-May 2010.”

Now that the “justice” system dismissed all charges against Abhisit and Suthep, often based on false evidence, including from Thawil, those two Democrat Party bosses and supporters of two military coups are seeking restitution of their “reputations.” They accused the DSI team of “corruption and propagating false accusations against them, claiming that the DSI did not have the authority to investigate the crackdown in the first place.”

Both the Court of First Instance and the Appeal Court dismissed charges against the four, but the Supreme Court has done its job and agreed to hear the “case.”

Given that almost everyone involved in the murderous crackdowns is a part of the military junta or worked hard to promote its coup, that the “justice” system supports them should be no surprise. After all, Thailand has double standards precisely to serve the interests of the great, the “good” and the wealthy.

We can now expect that the Supreme Court will continue to punish Tharit and launder the blood from the clothes of those who ordered the murderous crackdown.





Contemptible justice system

10 05 2017

Readers will know that we have posted more than a few items that have shown and declared Thailand’s justice system an injustice system.

The police have long been corrupt thugs. But they are now worse than ever thanks to the fact that a military dictatorship condones impunity. They have to repay the military junta with loyalty. So when the biggest shot orders a piece of national history stolen as he wipes the “hard drive” of history, the cops do nothing, zilch. Loyalty demands no less.

The military is above the law. They literally get away with murder, with the latest case being that of Chaiyapoom Pasae. He was gunned down and now there’s nothing. It is all quiet. It’s probably just another cover up. We notice that the media has conveniently forgotten the case. Nothing happened, you can all go home. Witnesses intimidated, evidence withheld. Forget it.

The courts, positioned to have more power by a coterie of royalists, meddlers, constitution drafters and two juntas, is now a disgrace.

Lese majeste cases are just one example, where even the letter of the law is ignored as political opponents and others are shoved into jail for long sentences after secret trials, many in military courts. Cases are concocted, confessions forces and arrests made for political purposes.

Judges apply double standards as if they are the only standards and justice is not blind, but meted out with a view to vengeance and no consideration of the merits of cases. Of course, we are not necessarily pointing at every single case, but the politically significant ones. Thailand’s courts have become political courts.

Rather than detail the contemptible actions of the courts, we draw attention to an article by iLaw at Prachatai. It is certainly worth reading.





Updated: All about the law II

2 04 2017

Bangkok Post editor Umesh Pandey gives some credit to the judiciary – the Central Administrative Court – for having ruled that “the military junta’s moves to take away the three passports held by the former Education Minister, Chaturon Chaisang, was a ‘serious violation’ of …[Chaturon’s] fundamental rights…”.

But he goes way, way too far when he states that the “judiciary is making great strides in bringing about fairness in society…”.

Thailand’s judiciary and its legal processes are somewhere between a joke and feudal. PPT has spent a considerable amount of space highlighting repeated failures and while we don’t expect Pandey to be a regular reader, surely he reads his own newspaper.

On the same day when he is full of praise for the judiciary and its “strides in bringing about fairness,” his colleague Alan Dawson lambasts elements of the judicial system and its double standards.

You might say that the judges are not the whole system, and that’s true, with Pandey slamming elements of it. However, there are now hundreds of cases that have gone to court in recent years that have seen judges fail all reasonable tests of fairness. Think of the scores of lese majeste cases, several cases we mentioned in a previous post, cases against Abhisit Vejjajiva and Suthep Thaugsuban, cases making coups legitimate, a judicial coup, cases against red shirts (and not against yellow shirts), allowing torturers to go free and many, many more.

Being honest, we think the judicial system is now broken beyond repair. We have royalists, the military, the palace and the judges themselves to blame for this sad state of affairs.

Update: A reader puts us onto another Bangkok Post story, where the headline is, NCPO urges Thaksin to stop ‘distorting the truth’. The junta says:

“Mr Thaksin [Shinawatra] should stop harming the country, show restraint and stop distorting information. If Mr Thaksin calls for justice from society, Mr Thaksin should give justice to society, too,” the NCPO spokesman said.

The junta demands that Thaksin stop harming Thailand. Yet it is the junta that distorts truth. It has done so for years now. And, if the junta demands the legal system for Thaksin, how about themselves? Why is it that Section 113 of the Criminal Code doesn’t apply to this bunch of thugs?

Section 113: Whoever, commits an act of violence or threatens to commit an act of violence in order to:

  1. Overthrow or change the Constitution;
  2. Overthrow the legislative power, the executive power or the judicial power of the Constitution, or nullify such power; or
  3. Separate the Kingdom or seize the power of administration in any part of the Kingdom, is said to commit insurrection, and shall be punished with death or imprisonment for life.




On 5 years

31 03 2017

A juxtaposition of stories about “justice” in Thailand:

It is 5 years since the scion of one of the country’s richest families drove his expensive sports car over a policeman and drove off, dragging his body under the car, to a hiding place in his family’s mansion.

The Office of the Attorney-General on Thursday again postponed its decision on whether to indict Vorayudh “Boss” Yoovidhya, a Red Bull heir, in the hit-and-run case in 2012 in which a Thong Lor policeman was killed.

The indictment decision was initially scheduled for today. OAG deputy spokesman Prayuth Phetkhun said it had been further deferred until April 27.

The story is about the many ways in which the “good,” rich and well-connected are able to buy protection from the law.

It is a 5 year ban from politics for yet another Thaksin Shinawatra-related politician. Surapong Towijakchaikul might have been considered part of the elite, but of the “bad” sort.

The [junta’s puppet] National Legislative Assembly (NLA) overwhelming voted on Thursday to impeach former foreign minister Surapong Tovichakchaikul for reinstating the passports of former prime minister Thaksin Shinawatra.

The assembly voted 231-4 with three abstentions to impeach Mr Surapong. The NLA needed only 151 votes to ban him.

It wasn’t that long ago that the lapdog NLA refused to admit new evidence from Surapong. The NLA didn’t need evidence in order to “convict” Surapong. No “procedures” for him as he joined the other 300+ pro-Thaksin politicians banned since 2007.

Thailand’s justice system has been not just undermined by the two military coups, but it has been disintegrated. Buy “justice”? You bet. Double standards? You bet. Politicized “justice”? Certainly.





Court infringes the rights of many

25 03 2017

Prachatai reports that the Khon Kaen provincial court has made some negative comments when again refusing bail for Jatuphat Boonpattaraksa as he faces a false lese majeste charge.

The court had refused a request from Jatuphat’s lawyer requesting the court postpone the preliminary hearing for about a week. The lawyer said “that he did not have proper chances to consult with his client who has been detained in Khon Kaen Prison for more than three months.” He added that “the prison does not provide a room for lawyers to talk with defendants. Therefore it was nearly impossible to discuss with the defendant in a normal visitor room because it is too loud.” Further, “the prison staff did not permit him to discuss with Jatuphat in private and that there is also an interception device [recording/listening device) in the visitor room.”

In other words, the prison prevented his client from preparing to defend his case.

This request was refused.

When the lawyer later petitioned for bail, the court, as usual, denied this. But it went further:

The judge then told the defence lawyer to stop saying that Jatuphat’s rights are being violated since he is not the only defendant in Khon Kaen Prison who are consistently denied bail.

In other words, there are several or many prisoners who have their rights refused in regard to adequate legal representation, although this is not usual for non-violent crimes. Yet even those accused of rape and murder can usually manage bail.

It is lese majeste cases where the courts are most adept at denying rights.

This is known as double standards. The judiciary is a disgrace.