Updated: Manipulating laws

1 08 2018

PPT has had numerous posts since the (illegal) 2014 coup on how the military junta abuses the law. These posts have included the political use of courts, using military courts, abuse of lese majeste, impunity,  corruption ignored, and more.

One of the defining characteristics of military dictatorship is the political use of law: what the dictatorship does is legal (or ignored) and what opponents do is illegal.

Two recent reports highlight these double standards.

In the first, with just 5 of the 7 new members of the Election Commission selected and approved, the mini-EC is to meet “to select a new chairman Tuesday, although some experts have warned such a move could be illegal.”

In the junta’s 2017 constitution, the EC is mentioned dozens of times as having particular roles to play in all things electoral. It is a necessary for the EC to be in place and operating for elections to take place.

With just five members approved by the puppet National Legislative Assembly but, “whose appointments have yet to be submitted for royal endorsement,” this non-EC  “will meet to discuss how to choose the EC chairman and then proceed with choosing someone — probably from among their own ranks.”

We say “non-EC” because Article 222. “The Election Commission consists of seven commissioners appointed by the King upon the advice of the Senate…”. (In the first instance, with no Senate, it is the NLA.)

That is, not just 5 as-yet-unapproved members.

Confirming the position is only held after appointment by the king, Article 223 states: “The Election Commissioners shall hold office for a term of seven years as from the date of appointment by the King…”.

In other words, any actions taken by cannot be considered legal (unless the junta deems it legal).

The “secretary-general of the National Legislative Assembly (NLA), insisted the action would not contravene Section 12 of a law governing the poll agency, as some have suggested.” Perhaps he’s also thinking of Article 223 which also states:

During the period in which an Election Commissioner vacates office prior to the expiration of the term and an Election Commissioner has not yet been appointed to fill the vacancy, the remaining Election Commission may continue to perform duties. However, if there are fewer than four Election Commissioners remaining, the Election Commission may carry out only an act which is necessary and unavoidable….

Yet is is not clear that selecting a chairman is “necessary and unavoidable.” It is even less likely that this can be done by EC commissioners who have not been appointed by the king.

Law professor and constitution drafter Jade Donavanik has “warned that picking a chairman from among the EC members could be a breach of the law.” He claims the “law states that the first chairman to be named since it was enacted can only be chosen after all seven election commissioners have been installed.”

By choosing a chair before being officially appointed and without two commissioners is clearly dubious. The idea that two foundation commissioners are deprived of the right to participate in selecting a chairman or from being chairman is also dubious.

There are various ways of considering how this dubious process impacts the junta. If the EC awaits the two other commissioners being appointed and also awaits the royal endorsement, then presumably the “election” is delayed further. That might suit the junta. But, then, it might be that the EC and its selected chairman, if done by the 5 commissioners (whether royally appointed or not), can be challenged in the courts and the whole “election” process thrown out. That might suit the junta. But if the junta does think it is ready for its “election,” then it may want it to go ahead.

In the end, the junta will probably decide what it wants and make that legal.

The second story involves the junta itself filing a computer crimes charge against Thanathorn Juangroongruangkit, leader of the Future Forward “Party” (still to be approved as a party by the EC).

The “accusation came after Mr Thanathorn and two others broadcast live on ‘The Future We Want’ and ‘Thanathorn Juangroongraungkit’ Facebook pages.”

What has caused the junta to get prickly? It seems the Facebook broadcast involved “commentators allegedly implicat[ing] the NCPO [junta] when they talked about the luring of former MPs by using the lawsuits against them as a bargaining chip.”

That point has been made by several others, including Abhisit Vejjajiva.

It is also suggested that the “commentators also asked their Facebook followers to sign up to ‘revamp the judicial system’.” That must be the junta’s judicial system.

On the first concoction-cum-complaint, as Thanathorn makes clear, ” it’s common knowledge. I have no intention to accuse or tarnish the NCPO but its action shows it had really done it and views us as an enemy.” He added that he also had “first-hand information on such offers from a number of ex-MPs who were approached.”

The junta, operating illegally through intermediaries who are recruiting for the junta’s Palang Pracharath, maintains the fiction that it is not doing this. Everyone can see it, it is widely reported, but the junta demures.

The junta’s minion Col Burin Thongprapai, who filed the complaint two weeks ago, states: “Mr Thanathorn mentioned the NCPO, which is a distortion of facts and an accusation against the NCPO. It’s also an attack on the judicial system.”

He said the junta had ordered-asked the police to take action.

The law can be whatever the junta wants t to be and it uses it freely and abusively to eliminate and hobble its political opponents. But that’s what you get when you have an arrogant and corrupt military dictatorship.

Update: The (non-)EC went ahead an “elected” a chairman. Now we await the ramifications. Maybe it will be like “investigating” the Deputy Dictator and will melt to nothingness? According to another report, junta minions explain the “need” for a chairman as urgent because of the “need” for an “election” sometime “soon.”

Meanwhile Thanathorn is defiant of the junta. He has rejected the charges against him, saying “he would continue making comments on political issues in his regular online broadcasts through his Facebook fan page.” He added, “It’s the right of everyone…”. Using the term “right” places him in conflict with the junta which prefers duties and obedience to rights. And, stating the obvious, Thanathorn said: “The NCPO used its power to suppress the public who have political views that differ from its own…”.





All about The Dictator

29 06 2018

Last week the Deputy Dictator met with some political parties about the junta’s “election.”We understand that it is the first official meeting between the military junta and political parties since the day that it illegally seized power, ironically at the very same place it met the political parties back in 2014.

At the end of that meeting, a smiling Deputy Dictator Gen Prawit Wongsuwan, who seems to enjoy legal impunity for all of his deeds, declared that the next meeting would be chaired by The Dictator himself. Apparently Gen Prayuth Chan-ocha will find time for a sham meeting on the path to a rigged election.

Now, however, the Bangkok Post reports that the “next meeting between party politicians and the regime to discuss poll preparations will probably take place in September…”. “Preparations” seems to mean getting arrangements in place for the junta to have its party or parties to “win” the rigged election.

Gen Prayuth has said that not having another meeting for 2-3 months because the junta needs “time to study issues raised by the parties at the first meeting.” In fact, the junta needs more time and more work to ensure its preferred election outcome.

It seems Gen Prayuth also felt the need to again lie to the Thai people when he “gave his assurance the next election will be free, fair and proceed smoothly…”. A free and fair election is impossible under the rules concocted by the military dictatorship.

At the same time, Gen Prayuth warned of future delays to the highly elastic election “roadmap.” He said the junta is “monitoring the security situation and making the political climate conducive for organising the election,” adding: “We’re moving the country forward together. The situation must be stable…”.

He wasn’t explicit but he is saying that any “instability” would mean further delay. As we know, the military is the most likely source in creating political instability, usually using ISOC.

The military dictatorship appears ever more confident that it can get its preferred electoral outcome. So confident, in fact. that the Deputy Dictator has detailed that result.

Gen Prawit declared: “I have confidence Gen Prayut will be able to carry on [after the election]. I always support him…”. Even if Prayuth himself won’t confirm this, it has been the junta’s main objective in having The Dictator hit the campaign trail and in pumping funds into various constituencies.

Prawit let this cat out of the leaky bag as he “welcomed” defectors from the Puea Thai Party, from the so-called Three Allies. It remains unclear what promises were made to the defectors, but we can guess that it has cost taxpayers hundreds of millions of baht.

The defector’s group has “pledge[d] to join the Phalang Pracharat Party…”. That’s the junta’s party. Gen Prawit “said it was a good sign that the group was joining Phalang Pracharat and backing Gen Prayut.”

That’s a second euphoric statement of Prayuth’s future as outside PM following the rigged election.

Those named as defectors are “former transport minister, Suriya Jungrungreangkij, former industry minister, Somsak Thepsuthin, as well as former deputy education minister, Chalong Krudkhunthod, ex-MP for Chai Nat, Anucha Nakasai, and former Nakhon Ratchasima MP, Pirom Polwiset.” Others include “Suporn Atthawong, a former key figure of the red-shirt United Front for Democracy against Dictatorship, and former Pheu Thai member Somchai Phetprasert.”

That Suporn is included among junta supporters is a clear indication of how the military dictatorship is prepared to go in bribing and gobbling up political partners. Back in 2011, then Army chief Gen Prayuth accused Suporn of lese majeste and laid a complaint with police.  Suporn had filed counter-charges against Prayuth. Now they are political allies. Opportunism and rigging the election? You bet. Opportunism and double standards are the rule.

It is revealing that the traitor’s group can hold a “group gathering at the Pinehurst Golf & Country Club on Wednesday,” reportedly “attended by about 50 former MPs.” It is also reported that the group included former members of the Thai Rak Thai and People’s Power parties, some from the Puea Thai Party and the doubly traitorous Bhum Jai Thai parties.

At hat political meeting, “Suriya told group members that he was throwing his support behind Gen Prayut to return as prime minister.” He also revealed that he had “contacted key government figures including Deputy Prime Minister Somkid Jatusripitak, Commerce Minister Sontirat Sontijirawong and Industry Minister Uttama Savanayana to say he was willing to help Gen Prayut, although he disliked the military coup.” The latter is errant nonsense. No one with an ounce of self-worth would proclaim himself a coup opponent and then join the coup makers.

Under the rules the Election Commission is applying to Puea Thai and Thaksin Shinawatra, Suriya named all of these ministers as “outsiders” influencing the Palang Pracharath. That Palang Pracharath is also the tool of Prayuth, Prawit and Somkid is also widely known. We don’t expect the puppet EC to enforce any law other than selectively and in the interests of Prayuth, Prawit and Somkid.

It is a rigged election with the election “umpire” being the junta’s puppet.





Judiciary licks the military boot

22 06 2018

It was only a few days ago that PPT pointed to the 2014 military coup as an illegal act that caused serious damage to Thailand’s reputation (and still does). Yet the courts have always accepted that coups are retrospectively legal because the (military) criminals make them so.

Confirming this, the Bangkok Post reports that the “Supreme Court has refused to accept a case in which activists accused the junta of insurrection.” The courts have again licked the military boot.

The Supreme Court upheld “lower courts’ decisions, … decid[ing] … Section 48 of the 2014 interim constitution exempts the National Council for Peace and Order (NCPO) [the junta] from any criminal and civil liabilities. Although the 2018 [2017] constitution replaced the interim charter, the new constitution endorses it in Section 279, the last provision.”

In other words, the judiciary accepts that any military thug can forcibly overthrow the legal government and excuse itself of the laws in place at the time by simply granting themselves impunity.

That decision is the status quo for Thailand. The judiciary in Thailand has virtually no independence. More than that, the current judiciary is almost entirely composed of coup-supporting anti-democrats.





Waiting and waiting for the NACC do something … anything

13 06 2018

At the risk of being mischievously accused by The Dictator and his Deputy Dictator of having “doctored” a photo – we haven’t – and causing panic – it won’t – we ask again about news of the Deputy Dictator’s case.

We at PPT know that asking is enough to cause him a loss of face and great anger, but the case looks so much like a cover-up that we must ask.

We have been scouring the news to find what the National Anti-Corruption Commission has decided on Gen Prawit Wongsuwan’s jewelry and luxury watch case.

Our search has come up with nothing.

It seems that the NACC is just hoping that the whole scam of millions of baht of “borrowed” watches just goes away with time. That’s an old strategy used to provide impunity to the corrupt high personages in Thailand. Well, those who are on the “right” side.

The NACC has been compromised and hopeless on its boss’s case from the beginning.

Will it ever make a decision on this case? Even a bad one? While it may hope that it will never have to, it should not be permitted to provide impunity for corrupt “good” people while using the law to harass and repress its opponents.





Dumber than a bag of hammers II

7 06 2018

We at PPT have been critical of the justice system because it has been politicized, practiced double standards and enforced injustice. The system that runs from police to prosecutors to courts includes many nodes where the rich can pay bribes to avoid courts, charges and jail. The regime uses it to maintain impunity and to repress and jail political opponents. They make use of the lese majeste, sedition and other political laws and decrees.

The junta has worked hard to “cleanse” the so-called justice system of the “politically unreliable.” While the judiciary has long been a nest of royalists, the junta has re-made it as a bunch of clueless political automatons. That may be something of an exaggeration as some professionals remain at various courts, but it is essentially a judiciary that does as it is expected.

The result of the junta’s interventions is that the judiciary is looking as dumb as a bag of hammers. We say this based on two reports of the dumbest court ruling we have seen for some time. One report is in The Nation and another at Prachatai. They report on a Chiang Mai court’s “verdict” on the extrajudicial killing of Chaiyapoom Pasae on 17 March 2017.

The court “concluded that the young Lahu activist … was killed by army bullets…”. And that’s it.

How dumb can a court get? Or how politicized and corrupt can it be? Seriously? Everyone involved knew that the boy was killed by the military. The military has said it shot him. The media reported it. Witnesses said it.

So the court, after 14 months of the judicial system’s “investigations,” concludes the obvious and known. It concludes what was never in dispute.

An astute reader might say that this is just a part of a longer process. Yet, as we know from such “investigations” into the 2010 military murder of red shirts that such decisions can be an endpoint.

So this court didn’t just rule that a military bullet killed Chaiyapoom, it refused to confirm anything else. The court did not rule the killing illegal.

In essence, it has granted impunity for the military’s shooter and his commanders.

The court “refused to consider the argument made by Chaiyaphum’s relatives which claims that the activist neither possessed drugs or hand grenades nor attempted to stab the authorities as the army had accused him of doing.”

In response, the judge stated that “the court was only asked to find the cause of his death.” That is, of course, a reflection of what the police “investigated,” what the military brass and junta demanded and what the prosecutors did. It is a failure of the judicial system and shows that this judge is a little more than a dopey processing terminal for the military.

Lahu Chiang Mai Group president and Chaiyapoom’s mentor, Maitree Chamroensuksakul, said “he could not have imagined that the Chiang Mai Provincial Court would simply announce results that the public already knew.” He added: “I am disappointed, frankly speaking. In fact, one year should have been long enough to nail down the culprit…”.

Now that the court has confirmed what everyone knew, after 14 months of hidden evidence and intimidation of witnesses and others, its report will go “to a public prosecutor who will decide whether the soldier who killed Chaiyaphum will be indicted or not.”

More delays, intimidation, suppression of evidence and political interference will follow.

And, if the prosecutors decide to press charges, the case will probably be heard in a military court, where justice is almost never served and proceedings will likely be secret.

The family can file a civil suit, but that is the system’s way of ensuring that there will be likely be delays of years in hearing the case.

Again, “Chaiyaphum’s lawyer and family have also petitioned the Royal Thai Army to publicly reveal the CCTV footage at the military checkpoint where the activist was slain.” The court did not see the footage which the military claimed vindicated its men. Early on, when the military was justifying its actions, “there were widespread reports that video footage of the incident existed and that several military figures, including Army chief Chalermchai Sittisart, had already watched it.”

Cover-ups go right to the top in the impunity that the murderous military enjoys.

That’s why it is now “said the footage did not include what had happened at the time Chaiyapoom was shot.” How convenient that footage once claimed to vindicate the military is now said to not show anything at all about the case. Clearly the military leadership is full of scoundrels and liars. They can get away with murder, again and again.

The Prachatai report includes a timeline of the military’s role and intimidation, the judicial system’s failures and the stonewalling. But there’s much, much more to be learned in this case and the similar case of a Lahu killed a little while before Chaiyapoom, where the military used exactly the same “excuse” for the killing.

Judges overseeing dumb decisions for a murderous military are not dumb themselves. They are just doing their “duty” in protecting the state’s older brothers and enforcing the required impunity.





Pandering to the murderous military I

28 05 2018

Two reports in two newspapers and on two seemingly different topics show how the military dictatorship is let off the hook, enjoys impunity and why it continues to maintain the military boot on Thailand’s collective throat.

In this post we look at a report from The Nation. It is from a rather good series that newspaper has had on assessing the impact of the military coup four years on. We’ll look at a fawning report in the Bangkok Post in another post, later today.

The Dictator is soon to head off to Europe “on high-profile trip with business deals high on agenda.”

The general, at the head of a military dictatorship, is in the process of rigging elections to be held sometime in the future, making them unfree and unfair. He has blood on his hands from the murderous crackdown on red shirt protesters in 2010. He has throttled political debate and has wielded draconian laws and junta decrees for his regime’s advantage. But never mind, some of the governments of the EU are dead keen to make business deals.

Sure, they will argue that its best to be open and encourage democratization (by which they seem to mean the junta’s rigged election). That’s cow manure and they should know better or at least speak truthfully.

The report’s opening paragraph explains the junta’s reasons for the visit: Premier Prayuth Chan-ocha:

wants to use his planned trip to Europe next month to raise his international profile as the junta inner circle has seen a softening in the stance of western countries on democratisation to enhance economic engagement with Thailand.”

That says much about the EU and the military dictatorship.

Prayuth is said to be “planning a high-profile visit to France, Germany and the United Kingdom…”. These are all the places that currently get mentioned in the international media as bastions of liberal democracy in a sea of dictators, populists and demagogues. It seems they are far less than they seem, willingly dealing with dictators and complicit in their tyranny.

Here’s another bit of the report that says much about the EU and the military dictatorship:

The EU is desperate to improve its relations with military-ruled Thailand, as it is losing economic opportunities to other competitors such as China, which never makes ideological choices, a senior diplomat said on condition of anonymity.

We can agree on the need for anonymity for the “desperation” is self-diagnosed and the symptoms – Chinese dominance – is something of a beat-up if the actual outcomes of China-Thailand dealing is considered.

It is the military dictatorship that will benefit: “The EU trip … would be a strong confidence boost for the PM amid the changing international political landscape.” It is simply an extension of The Dictator’s electoral campaigning in the provinces! The EU is to be complicit in election rigging.





Political impunity challenged

15 05 2018

One of the factors that encourage generals to overthrow governments is that the perpetrators of successful putsches always declare their actions (retrospectively) legal. Once the coup leaders are finally seen off, that immunity and impunity is never challenged.

Watana Muangsook, a Puea Thai Party politician, is challenging this.

On Monday Watana called for “the prosecution of coup-makers after the next election.”

Saying the 2014 military coup led by Generals Prayuth Chan-ocha and Prawit Wongsuwan had caused “severe damage to the country and wasted a lot of state budget while causing the most suffering to the people.”

Watana blamed the damage on “inefficient management by retired military officers who want to have power but lack intelligence.”

None of that sounds exactly like holding them responsible for the coup itself, until Watana adds: “The goal is to prevent anyone from using the armed forces to destroy democracy again. More importantly, coup-makers must be punished for causing damage to the country…”.

This is the beginning of a discussion that needs to be held. Such discussions, however, will be muted for fear that they will cause the generals to hold on and prevent any challenge to their impunity.

Watana is right when he states that: “Dictators must be brought to court…”.