Light yellow standards

24 07 2017

The Bangkok Post reports on yet another (partial) victory for the yellow shirts of the People’s Alliance for Democracy.

In another example of double standards and a politicized judiciary, the Appeals Court reduced “two-year jail terms imposed by the primary court for their seizure of Government House in an attempt to oust then-prime minister Samak Sundaravej in 2008.” The court declared that their illegal occupation was “not intended to benefit certain groups or their own interests…”. In other words, the judge reckons they acted in the “public interest.” This is another example of “good people” double standards.

Thus the court reduced their sentence to eight months but did not suspend imprisonment.

The PAD lawyer then declared an appeal to the Supreme Court and asked for bail for all but one of the defendants:  Chamlong Srimuang, Phibop Dhongchai, Somkiat Pongpaibul, Somsak Kosaisuk and Suriyasai Katasila. (Sondhi Limthongkul is in jail already for fraud.)

This result came almost two years after the lower court decision. Perhaps their next case will be in 2019 or 2020? SO far their sentences have been reduced from three to two years and now to eight months. We can guess that the next court will be even more sympathetic.





The emperor’s clothes may not be seen

5 05 2017

When the king is in residing in his beloved Germany, he is prone to behave in ways that are not seen in Thailand. The German media paparazzi has shown the king dressed in casual, indeed, in odd ways (see left).

No Thailand-based media outlet has dared to publish pictures or video of the casual king, although in the past they did publish photos of his father in casual – but not odd – attire such as Hawaiian shirts and shorts.

In Thailand, this king is portrayed in particular ways, usually at ceremonies and fully garbed in (usually) a military uniform (see below) or a dress suit.

It seems that the military junta is engaged in efforts to prevent Thais in Thailand from seeing the king in all his foreign “fashion” glory.

Prachatai reports that the junta has managed to convince Facebook to block pictures of the “German king” in Thailand.

It states:

On 4 May 2017, the exiled academic Somsak Jeamteerasakul announced on his Facebook that he has received an email from Facebook informing that one of his statuses violates Thailand’s 2007 Computer Crimes Act (CCA). Facebook has subsequently decided to restrict access to the post in Thailand.

“We’re contacting you because the Ministry of Digital Economy & Society [MDE] has sent us a Court Order issued by the Judge Tassanee Leelaporn and Judge Somyod Korpaisarn of the Criminal Court of Thailand stating that the following post you made on Facebook violates Section 14(3) of the Computer Crimes Act B.E. 2550 (2010),” read the email.

A court order from royalist judges is, for the dictators, a bit like sitting on the toilet – easy, normal and convenient. As we have stated previously, the courts in Thailand have been made a royalist tool for political repression.

Section 14(3) is about national security. As many readers will recall, a military junta has determined that the monarchy is a matter of “national security.” In the small military mind, this means that seeing photos of the king dressed casually is a threat to national security.

That Facebook accepts this kind of bizarre claim means that any crazy regime can enact any law it pleases and the Facebook money counters will comply (at least when they have a decent market in that tinpot dictatorship).

So now, instead of seeing Somsak’s post of a king in odd clothing users in Thailand get a message: “Content unavailable in Thailand.”

Prachatai states that:

According to Somsak, the blocked post is a video clip of a man believed to be King Vajiralongkorn walking in a shopping mall in Germany. Before its removal, the video had generated over 400,000 views.

That bit about “a man believed to be the king” is odd indeed, but there you are, Thailand under the military dictatorship and mad monarchists is an odd place. It resembles a children’s tale made very scary for its reality.





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.




All about the law I

29 03 2017

The media is awash with stories about law. How the rich use it for their benefit or avoid it. How the junta uses it. How the police and military manipulate it. We will just link with some of these, grab some quotes and make some comments.

Law for the rich: It is all about Red Bull heir and cop killer Vorayudh “Boss” Yoovidhya. This story and his “hiding in plain sight” avoidance of responsibility for his drug and booze addled killing of a cop has been around since 2012. In the time since, he’s ignored the cops, probably paid some of them off, paid off the cop’s family with meager “compensation” (also known as blood money) and lived what AP called “the high life” in the resorts of the world. He’s partied with the same crowd he has always been with, the rich, the “good” and the famous. His 400+ photos of his good and expensive life are at Facebook.

We can only wonder why it took AP to do the work of finding him. Not the cops (who lost one of their own). Not the prosecutors. Not even Thailand’s media. Why is that? Money, huge influence and power are, like a military regime, threatening. Hired thugs often do the dirty work for Thailand’s Sino-Thai tycoons, so few are prepared to challenge any of them.

And, oh yes, he is due to “appear” before prosecutors. As the Bangkok Post states, this spoiled rich untouchable “has been repeatedly summoned to face authorities but he avoided it each time, claiming [that should read “lying”] through his lawyer that he was sick or out of the country on business.”

Law and the junta I: Thaksin Shinawatra is not short of a baht. In fact, a previous court decision extracted about $1.4 billion from him in 2010, representing more than half of the assets the state had frozen. No matter what one thinks of that decision, you’d be forgiven for thinking that this decision made sure that the state got back what it thought necessary.

It seems not, for the junta has decided to suck back more of Thaksin’s money. In fact, another $510 million in “tax.” Of course, this is a part of the junta’s paranoia about Thaksin and political opposition. It is also meant to scratch the junta’s anti-election itch about voting being about money paid for each vote received.

Law and the junta II: While on Thaksin and hobbling the Shinawatra clan, the junta’s minions have closed Voice TV for a few days for daring to report on things that make the military dictatorship uncomfortable. The Thai Journalists Association and the Thai Broadcast Journalists Association have generally been dominated by yellow-shirted journalists and media entrepreneurs, but even they feel the threat from the junta.

Two media associations have “called on the National Broadcasting and Telecommunications Commission … to review its committee’s order to black out Voice TV’s broadcasts for seven days, saying it harms media freedom.” They also determined that the NBTC’s decision “conflicts with both the 1997 and 2006 constitutions, which safeguard those in the media who deliver news or opinions in compliance with their career ethics.”

Such calls have no impact on the military dictatorship because it has “law” in its holster.

Law for the politically connected: Anti-democrat and military junta-supporting Suthep Thaugsuban leads a charmed legal life, at least under the junta. He’s broken more laws than anyone could keep count of and gotten off  every  charge he’s faced (that we can recall) under the military junta he worked with and helped bring to power (or never even been charged). Having something in common with the Red Bull fugitive, he even got away with murder. But that’s not unusual in Thailand…

This time, in a case where he was accused of defaming leading members of the United Front for Democracy against Dictatorship who were standing for election, accusing them of arson and other crimes, a politicized court ruled “Suthep had not made false accusations against the three UDD leaders as alleged, and dismissed the case against him.” Thailand’s judiciary simply fails to dispense anything resembling justice when it comes to the politically-connected and powerful.

Then there’s the case of ultra-nationalist and anti-democrat Veera Somkwamkid who toddled off to the Thailand-Cambodia birder to check on casino graft. Locals blocked his visit yet PPT couldn’t help but recall that it was only about two weeks ago that The Nation reported that “[p]olice are launching a manhunt for well-known political activist Veera … after he published an opinion survey’s result on his Facebook wall, saying the majority people lack confidence in the Prayut administration.” So there he was, ath the border, surrounded by cops and troops and … well, nothing.

Law, police and military: We saved the grossest and nastiest stories. These are the reports surrounding the extrajudicial killing of Chaiyapoom Pasae, struck down with a single shot by the Army. The stories from the authorities on this case have been banal. Accused of drug dealing, being armed with a knife and a grenade, the dead boy is now accused of somehow having a gun because the police chief says Chaiyapoom could have shot officers.

A slip of the tongue perhaps, but this is what happens when the authorities manufacture excuses for their own crimes.

From Ji Ungpakorn’s blog

Convinced that the lad was a drug dealer and claiming that the CCTV footage backs up the official story, the cops refuse to release the footage because … wait for it … “the controversial evidence does not ‘answer all problems’.” In addition, “[r]eleasing the footage might lead to a mess to the investigation process and arguments among the society.”

What next?

The law has never been particularly impartial and judges have never been much good in Thailand. However, under the influence of the monarchy and under this military dictatorship the law has been ransacked, killed and buried.





Release Pai XI

22 03 2017

Thailand justice system is a mess. In fact, it has become and injustice system, crippled by the junta and warped by monarchism. A corrupt judiciary does not interpret the law but seeks to determine legal outcomes according to the whims and needs of its masters.

In that linked post, we had information regarding the Khon Kaen Provincial Court going after student activists who had the temerity to support lese majeste victim Jatuphat (Pai) Boonpattaraksa.

Jatuphat is the sole person of more than 2,000 who shared a BBC story on the new king who is accused of lese majeste and is currently sweating in a junta jail.

The Khon Kaen court accused several supporters of Jatuphat of contempt of court for participating in a peaceful gathering to demand for Pai’s release.

Not content with that, like a stormtrooper’s dog, the court is now going after others. Prachatai reports that “three more youth activists [are accused] of contempt of court for joining a peaceful gathering demanding Pai Dao Din’s release from prison.”

On 20 March 2017, Thai Lawyers for Human Rights reported that the well-known anti-junta activist Sirawit ‘Ja New’ Serithiwat; Panupong Sritananuwat, an activist from the Dao Din group based at Khon Kaen University; and another law student who requested anonymity had received court notices.

The notices state that the three are accused of contempt of court for gathering in front of the court on 10 February 2017 to demand the release of Jatuphat ‘Pai’ Boonpattararaksa, a law student and key member of the New Democracy Movement (NDM).

The pathetic and disgraceful excuse for a judiciary that sits in Khon Kaen has “ordered the activists to appear in court to hear the charges against them on 24 April 2017.”

Pai’s case now sees him in jail and facing a trial, refused bail for an eighth time and seven students from activist groups charged. The junta and its legal minions are seeking to smash a moderate and engaged group of youngsters who want a better Thailand.

When Pai gets to court again, he’ll see that its judges and administrators have new rules for lese majeste cases:

The Khon Kaen Provincial Court also announced a strict code of conduct as the initial lese-majeste proceedings against the pro-democracy activist began.

In a large banner placed near the front gate, the court announced that it was prohibiting any misbehaviour or disorder around its compound.

The court also banned documents, leaflets, banners and any other objects that contained messages deemed insulting to the court and the justice system, or which provoked others to do so.

The court also forbade any symbolic action and photo-taking intended to show disrespect to the court and the justice system.

You get the idea. These judges are reprehensible.





Monarchy, junta and judiciary entwined

17 03 2017

In a couple of recent posts, PPT has emphasized the lawless or rule-by-law nature of the military dictatorship. Under this regime, rule-by-law is essentially lawlessness as the junta can make everything it does legal, while using law to repress and oppress all of its opponents, be they red shirts, “politicians,” grannies, kids or activists.

Lese majeste has been one important law used against political opponents and the prince-cum-king’s personal acquaintances, minions and consorts who fall out of favor. The threat of lese majeste, interpreted in ways that are not even covered by the law, threatens and silences many.

The junta uses Article 44 dozens of times to make illegal actions legal or to ride roughshod over law and procedure. Having come to power illegally through a military coup, later made “legal,” the junta uses law when it suits it, but makes law up as it feels fit. In other words, it behaves lawlessly but makes that lawlessness “legal” through “special” decrees.

The judiciary is complicit in both the manipulation of lese majeste and the making legal the junta’s lawlessness. Since the late king’s infamous intervention in 2006, the judiciary has been more highly politicized, with movement to judicialization, marking itself out as a royalist court that “interprets” law for the political advantage of royalists and its class.

The most recent example of the judiciary’s view of itself as “above” the hoi polloi is its use of “contempt of court” allegations and charges against anyone daring to question or criticize a court or judges. This is a ploy used by various courts in recent years, always in political cases.

In Khon Kaen, the Provincial Court is going after student activists.

This court, doing the junta’s work, has repeatedly refused bail for Jatuphat (Pai) Boonpattaraksa, the sole person accused of lese majeste for sharing a BBC Thai nes story on the new king. More than 2,000 others did the same thing and are not targeted. Jatuphat is charged and jailed simply because he is an anti-junta activist.

The director of the Provincial Court’s Prosecutor’s Office has accused several supporters of Jatuphat with “contempt of court for participating in a peaceful gathering to demand for … [Pai]’s release.”

In a junta pattern, the charges are targeted on activists considered leaders. The junta wants to threaten all by targeting leaders. The junta wants to decapitate opposition groups. The judiciary supports the junta’s work.

The activists are:

Phayu Bunsophon, Chatmongkon Janchiewcharn and a female student activist (who does not want to reveal her identity), the three law students of Khon Kaen University who are members of Dao Din group, and Narongrit Upachan, a political science student from the same university who is a member of NGC.

The court will hold a hearing on the case on 24 April 2017, essentially considering its own evidence. Whatever the outcome, the court, complicit with the junta, is seeking to threaten and  silence.





Lese majeste trials go forward

10 02 2017

In yet another in-camera court meeting, on 10 February 2017, Jatuphat Boonpattararaksa has been indicted under the lese majeste law and the Computer Crimes Act.

It should be recalled that Pai, and anti-junta activist, is one of several thousand who reposted a BBC Thai news report on King Vajiralongkorn.

He is being singled out and framed by the junta and palace because he is a political activist and to send a powerful message that the king’s personal life has to be sanitized for Thais.

Pai was yet again refused bail.

Supporters, denied access to the trial stated: “The judicial system behind us is not independent and just.”

Meanwhile, the lese majeste trial of Sao Saengmuang began in a military court on 9 February 2017.

A lawyer from Thai Lawyers for Human Rights (TLHR) “submitted a letter to the authorities suggesting that the suspect should not be indicted due to his psychosis…”.

However, “military prosecutors indicted him after psychiatrists from the Galya Rajanagarindra Institute in Bangkok concluded in December 2015 that Sao is fit to stand trial in a military court after he was sent to the Institute for a psychiatric evaluation.”

Sao was arrested following a complaint by staff of the Supreme Court where Sao had tried to make a complaint:

His complaint stated that controversial former Prime Minister Thaksin Shinawatra had misallocated the property of the late King Bhumibol. He claimed that he was in charge of managing 7 billion baht (196 million USD)….

He still claims to be able to contact Thaksin by telepathy through a TV and maintains that his claims about the King’s property are true.

The military prosecutors decided to use lese majeste because Sao’s “complaint contained references to the Thai Monarchy and were defamatory to the late King.”

The military court has scheduled the next trial on the case on 25 May 2017.

This is one of several cases where the mentally ill have been charged and/or convicted of lese majeste.