Royalism corrupts

4 09 2021

The judicial system has lost much of the precarious public support it once had. Now, the only standards used are double standards.

Admittedly, the police were never held in high esteem, known to be murderous and thoroughly corrupt. But judges and prosecutors also display wanton corruption and never-ending double standards.

While some judges still try to hold some standards and to adjudicate the law, the deepening royalism of the judiciary has overwhelmed them. Political cases litter the judicial playing field, with judges taking decisions based on notions of “Thainess,” “good” vs “bad” people, on orders from the top or made for reasons that seem to bear no relationship to written law. Not a few judges have been shown to be corrupt.

A Bangkok Post picture

Meanwhile, prosecutors do as they are told and, in some cases, as they are paid. Wealthy killers get off with the support of corrupt prosecutors. Kids get prosecuted for political crimes. Working hand in royal glove with judges, prosecutors oppose bail in political cases, seeking to damage “suspects” through lese majeste torture and, now, the threat of virus infection in prison for political prisoners.

On the latter, as the Bangkok Post reports that “activist Chartchai Kaedam is one among many political prisoners infected with Covid-19.” His condition is cause for much concern.

A petition has been lodged with the National Human Rights Commission “demanding an investigation into how a Karen rights activist contracted Covid-19 while imprisoned,…” pointing out that “he is not a criminal and should be allowed bail, especially given his health condition…”. The petition added that “bringing innocent people into a contagious environment such as a prison during a deadly virus outbreak violates their rights..”.

The NHRC has been pretty hopeless since it was politicized under the Abhisit Vejjajiva regime, but in this case, Commissioner Sayamol Kraiyoorawong says “staff have made some ‘unofficial’ attempts to get information from the Department of Corrections about his [Chartchai’s] condition and treatment.” But guess what: “Under the Covid-19 crisis, we [NHRC] have not been allowed access to the prison to see people…”. Other concerned by his condition are also denied information. Prachatai reports that the “his family and lawyer were not able to speak to his doctor or obtain information on his condition.”

The impression is of a callous, deliberately dangerous, and unjust system seeking to punish even those not convicted of a crime and held without bail on trifling charges. Of course, they are political charges.

In another branch of the royalist swill, the police are still at it. Pol Col Thitisan “Joe” Uttanapol or “Joe Ferrari,” has reportedly been charged “with premeditated murder by means of torture, unlawful deprivation of liberty and malfeasance.” Despite all the evidence leaked, Joe now claims “he just ‘assaulted’ the victim, and did not torture and murder him.” He’ll probably get off. The pattern will be for witnesses to be paid off or strong-armed, for the case to be drawn out for years, and with public attention having moved on, and judges gingered up and rewarded, Joe might get a suspended sentence. That’s how the system rots.

All in all, this is a sorry tale of how royalism corrupts, money corrupts, and political preferences corrupt.

But never fear, “good” people are at work. Into this fetid swamp masquerading as a judicial system, come the Education Ministry, “planning to modify the history curriculum in schools to strengthen learning amid recent moves by youth groups against the kingdom’s highest institution [they mean the monarchy].” Yes, cleaning up Thailand means pouring palace propaganda into children. We suppose that this is an admission that the never-ending and expensive royalist buffalo manure over 50 years has failed to get sufficient cowering acquiescence. We do know that those who have drunk most at the fount of royalist propaganda are the most corrupt.

 





Lese majeste, torture, deaths

1 09 2021

In the past, PPT has referred to lese majeste torture. This usually involved dragging out cases, detention for long periods without bail, and taking those accused all round the country to face other charges. In addition, there have been cases of deaths in custody, including of Ampol Tangnopakul.

With the Corrections Department having a terrible record of virus control, it is not at all a surprise to read in The Nation that Department deputy director-general Thawatchai Chaiwat stated that Chatchai Kaedam, one of five pro-democracy protest leaders who caught Covid-19 in prison has “developed lung trouble and needed close monitoring by doctors.” In prison it seems, not in hospital.

It seems that the Corrections Department can allow prisoners to become infected and then do little about it. This is clearly what the Thai legal system repeatedly calls “malfeasance” but could be construed as a far worse crime than this.

Again, the system is rotten.





Another bailed

11 05 2021

Political prisoner Phromsorn Weerathamjaree, known as Fah, has been released on bail from the Thanyaburi prison after 53 days in pre-trial detention and a hunger strike.

Detained on lese majeste and other charges,

According to the Thai Lawyers for Human Rights (TLHR), the Court of Appeal Region 1 allowed bail with security of 200,000 baht, with the condition that Phromsorn wears an Electronic Monitoring (EM) bracelet, does not tamper with evidence and does not commit similar offences to the one he is charged with.

He was bailed after four earlier requests had been rejected.

Phromsorn was bailed on 10 May.

The report states that Fah is “known as a talented public speaker and later joined Ratsadon Mutelu, a group of political activists that address structural problems via acts of sorcery.”

His 112 charge stemmed from a speech he made in front of Thanyaburi Provincial Court on 14 January 2021. 

The report states:

His case is a significant example of the bizarre judicial process facing pro-democracy protesters. He was suddenly taken to court for a temporary detention hearing after appearing at a police station on 17 March to hear the charges against him. This was 2 days after he was injured in a traffic incident.

Sasinan Thamnithinan, a TLHR lawyer who had accompanied Phromson to the police station, posted on Facebook an account of the sudden police move. The post explained that although Phromson had come to the station with his injuries to demonstrate that he had no intention to flee, the Deputy Superintendent suddenly decided, after the regular investigation stage, to take him to court before the court closed.

The police also sought to prevent the lawyer spending time consulting with her client, despite the turn of events, with the Station Superintendent allowing “them 2 minutes to consult in private.”

Phromsorn then staged a hunger strike to protest against his detention without bail.





Further updated: “Justice” kills

6 05 2021

There’s increasing concern about hunger strikers and political prisoners Parit “Penguin” Chiwarak and Panusaya “Rung” Sithijirawattanakul, including well-meaning calls from some for them to not die when seeking justice.

Sadly, it is becoming clear that the regime is callous and savage. More, we know that the king has a say in whether the lese majeste is used or not. We also know that he is savage in dealing with those he thinks have been disrespectful – look at how he has treated his various wives and Vajiralongkorn’s mad and furious tone in his official declarations when he sacks people.

It gets worse. It is now confirmed that another political prisoner, Arnon Nampa, has fallen ill with the Covid virus “and been moved for medical treatment” at the Medical Correctional Institution. The virus appears to be infecting many inmates and may be out of control.

Coronation 1

Arnon is the second political prisoner to have contracted the virus while incarcerated. The first was Chukiat “Justin” Saengwong.

All prisoners are now under threat, but that these political prisoners are at risk is yet another example of the politicization and monarchization of the (in)justice system. After all, the junta’s constitution states at Article 29:

A suspect or defendant in a criminal case shall be presumed innocent, and before the passing of a final judgment convicting a person of having committed an offence, such person shall not be treated as a convict.

In lese majeste cases, there is a presumption of guilt.

The question must be asked again and again: why is that these activists are not receiving justice? What is it or who is it preventing justice? WHo is it who doesn not care if they die? Who is it that relishes this savage and feudal treatment of young Thais?

No wonder hundreds of thousands of young Thais have joined a Facebook group that displays their dismay and that they have lost faith in many of the country’s institutions.

The military, the mafia regime, and the monarchy are destroying the country while they and their friends eat it.

Update1 : Some good news: “The Criminal Court has approved bail for the temporary release of Rassadon co-leader Panusaya ‘Rung’ Sithijirawattanakul on condition that she must not get involved in activities deemed to dishonour the monarchy.” Who knows what the latter condition means.In addition, “she must not join any activity that may cause unrest in the country, leave the country without permission and must report to the court as scheduled.”

The court appeared unable to make a decision without getting advice-cum-orders from on high: “After an inquiry into her bail request on Thursday morning, the court first scheduled handing down the decision at 3pm but later rescheduled it twice to 4pm and 5pm.” We take that delay as confirmation that the court gets it order from the regime and/or the palace.

Update 2: Despite the virus outbreak in prisons and at least two political prisoners already infected, Parit Chiwarak has been transferred “from Ramathibodi Hospital back to prison … after his health improved.” The danger to him is made clear by the courts themselves, which refuse to hear these defendants for fear of the virus. Parit’s court appearance, and that for Chaiamorn Kaewwiboonpan, have been postponed “because the two defendants will not complete their 14-day quarantine until tomorrow. Prison officials said both have to be screened again, to make sure they are clear of the virus, before they will be allowed to attend the hearing.” This amounts to protecting judges and other officials – which is reasonable – but keeping political prisoners in dangerous conditions.





Callous and savage

30 04 2021

While not unexpected, the report by Prachatai that the Criminal Court has again denied bail for seven activists detained on lese majeste charges is to be lamented as yet another demonstration that the judicial system is deeply flawed.

These political prisoners are Panupong Jadnok, Parit “Penguin” Chiwarak, Panusaya Sithijirawattanakul, Chaiamorn Kaewwiboonpan, Arnon Nampa, Chukiat Saengwong and Parinya Cheewinkulpahtom.

Penguin and Rung

Clipped from The Nation

Parit has now been detained for more than 80 days. He remains on a partial hunger strike that began some 45 days ago to protest the injustice of the system and the denial of bail for detained activists.

Lawyer Kritsadang Nutcharat of Thai Lawyers for Human Rights said:

…one of the reasons for requesting bail is concern over the spread of Covid-19 in prisons, because even the court is concerned that the virus will spread among court officials. He also said that there is no more reason to keep the activists in detention, and that it would be acceptable if the court set a condition related with their trial. He also mentioned that the court previously granted bail for activists Jatupat Boonpattaraksa and Somyot Pruksakasemsuk.

Kritsadang expressed considerable concern for Penguin and “also requested that the court allow Parit to be taken to Rama 9 Hospital for 30 days, because the hospital is better equipped than the Medical Correctional Institution…”.

The court demonstrated its inhumanity by dismissing the request. It is as though the courts take their orders from savage and vindictive higher-ups.

Kritsadang revealed that:

he visited Parit on 28 April and spoke to him through teleconference. During the visit, Parit told Kritsadang that he has not been able to sleep, his skin is dry, and that he suffers from nausea and fatigue. Blood was also found in his stools, but he has not been sent to the Medical Correctional Institution to have his condition assessed.

The court exhibited a callous disregard for the detainee’s health.

Meanwhile the “Department of Corrections has denied that Parit’s condition has worsened…”.

The ruling to deny bail was “signed by judge Tawan Rodcharoen. Judge Tawan delivered the verdict in the Joe Gordon lèse majesté case in 2011.” Joe had repeated bail requests denied. When he finally agreed to plead guilty and he was sentenced to 5 years.

The Bangkok Post reports that the Corrections Department has said that Parit is “physically well.” It quotes Department deputy director-general Thawatchai Chaiwat from Thursday, stating that “Parit could talk and was well and conscious. He was tired and had dry lips, but was not dizzy.” Thawatchai added that Panusaya who is also rejecting “food and took only drinking water, minerals, juice and milk,” is also “well, conscious, looked normal, talked understandably and was able to do her routines…”.

The lie in this is demonstrated. Parit is now hospitalized. The very same Corrections Department now states that Parit “was admitted over concerns he could go into shock if his condition worsened and require specialised care.”

TLHR warns that both Parit and Panusaya “are in deteriorating health…”.

Parit faces 20 lese majeste charges “which could result in a sentence of 300 years.” Meanwhile, “Panusaya faces nine cases under the law, which could lead to a 135-year sentence if convicted.”





Penguin’s defiance

20 04 2021

As silent protests against the incarceration of lese majeste victims, Penguin or Parit Chiwarak has shown more defiance as he rejects the (in)justice system.

Thai PBS reports that:

Thailand’s anti-establishment Ratsadon leader Parit “Penguin” Chiwarak declared, before judges of the Criminal Court today (Monday), that he does not recognize the judicial process and will not attend his trial because he has not been accorded justice and granted bail to enable him to find evidence in his defence.

He also directed his lawyers to stand down. His lawyers explained that as “Parit had decided not to be part of the justice process and so the lawyers were of no use.”

Parit

In his defiance of the royalist judiciary, he “refused to take part in a Criminal Court session on Monday that was examining evidence in the lese majeste case against him.”

Parit, on a partial “hunger strike for 30 days, arrived in court in a wheelchair and attached to drips.”

He “refused to accept the 32 witnesses presented by the prosecution and also insisted that his detention was unfair…”, saying that “his detention had prevented him from mounting a full legal defence and that rendered the judicial process unjust.”

Penguin declared that “he would continue to refuse to acknowledge the entire legal case against him until he was released on bail.”

Several other activists – those not in jail – and his family have expressed concern for Penguin’s declining health.

The court rejected another bail request put by his family.





Virus of double standards II

11 04 2021

The Bangkok Post reports that at least 22 “detained on charges related to the protests,” mostly using Article 112.

While the Criminal Court has granted bail to Patiwat Saraiyaem, on the basis that he “pledged not to breach Section 112 … and also stay away from political rallies…”, it refused bail for to other political prisoners, Somyos Pruksakasemsuk and Jatuphat Boonpattaraksa.

The report adds that Somyos and Jatuphat “joined other protest figures in signing a letter expressing their intention to withdraw their lawyer from their Section 112 trial,” but did not detail the complaints made by the detainees.

Thai PBS states that the “court said that it doubts the credibility of the two Ratsadon leaders’ pledge not to mention the revered institution in future protests, after they refused to recognize the trial process.”

Prachatai provides an account of the withdrawal of defense lawyers, based on Thai Lawyers for Human Rights:

22 people facing charges relating to the protests on 19 – 20 September 2020, including 7 protest leaders facing lèse majesté charges, have withdrawn their legal representation in protest at court measures and treatment by prison officials which deny them the right to a fair and open trial.

The 22 are listed as:

The 23 defendants in the case are Chinnawat Chankrachang, Nawat Liangwattana, Nattapat Akhad, Thanachai Aurlucha, Thanop Amphawat, Thanee Sasom, Phattaraphong Noiphang, Sitthithat Chindarat, Suwanna Tallek, Anurak Jeantawanich, Nutchanon Pairoj, Atthapol Buaphat, Adisak Sombatkham, Panusaya Sithijirawattanakul, Parit Chiwarak, Anon Nampa, Somyot Prueksakasemsuk, Panupong Jadnok, Jatupat Boonpattararaksa, Chukiat Saengwong, and Chaiamorn Kaewwwiboonpan.

The defendants “requested to withdraw their legal representation and their lawyers requested to be released from their duties.” They consider the “courtroom has been made into a prison.”

The defendants and lawyers say they are not receiving a fair and open trial and their rights are not being respected. According to TLHR the defendants:

  • have not been allowed to speak to their lawyers individually and confidentially, as they were always under the control of prison officials
  • who are detained pending trial and those granted bail have not been allowed to discuss the case with each other
  • family members and other individuals have been prevented from observing the proceedings, with some family members initially forbidden from even entering the court building and told by court police that they do not have permission to enter the courtroom
  • family members have been prevented from personal contact with the political prisoners, and at times they have been prevented from handing over personal items and food

Political prisoner and lawyer Arnon Nampa wrote a declaration to the court saying:

… he would like to withdraw all legal representation on the ground that he has been denied bail and treated in ways which are degrading, that he cannot participate in a judicial process which is “carried out with fear and without taking human dignity into account.” He also wrote that the law has been used to silence the demands of the younger generation, that violence has been used to suppress protests, and that their detention will lead to fear in society and no one will dare to speak the truth.

“In this trial, our right to fully fight the case has been violated,” he wrote. “The courtroom has been made into a prison.” He then went onto say that the process is unconstitutional, and that the defendants and lawyers agreed that if they continue to participate in the procedure, they would be promoting a process of injustice.

“This case has involved the destruction of human dignity, the use of the law to silence people, and many other forms of injustice. As a person who has studied the law and who practices as a lawyer, and as one of the citizens who aim to reform the monarchy, the defendant cannot continue to participate in this process. The defendant whose name is at the end of this petition therefore requests to withdraw legal representation and refuses this process,” Anon wrote.





Updated: Concern for 112 detainees

26 03 2021

There is reason to be concerned for the safety of those accused of lese majeste and currently detained without bail in several prisons.

The Bangkok Post reports that these members of the Ratsadon group “are being detained at five prisons while police prepare the cases against them…”. The report lists some of them:

Six were being detained at Bangkok Remand Prison, he said. They are Panupong “Mike” Jadnok, Piyarat “Toto” Jongthep, Patiwat “Bank” Saraiyaem, Jatupat “Pai Dao Din” Boonpatararaksa, Arnon Nampa and Somyos Prueksakasemsuk.

Chaiamorn Kaewwiboonpan, alias “Ammy The Bottom Blues”, is being held at Thon Buri Prison, and Panusaya “Rung” Sitthijirawatanakul at the Central Correctional Institution for Women.

In Pathum Thani province, Parit “Penguin” Chiwarak is detained in Pathum Thani central detention centre, and Promsorn “Fah” Veerathamjaree of the Ratsadon Mutelu group is in Thanyaburi Prison in Thanyaburi district.

Release our friends

There are several reasons for concern for the safety of these political detainees. First, Corrections Department deputy director-general Veerakit Hanparipan has revealed that his department lacks coordination and standard operating procedures. Second, it is a “policy” to separate the detainees as a means to break their spirit and to prevent them from supporting each other. Third, lawyers and families are having great difficulty visiting the detainees. Fourth, political detainees are being treated as common criminals. Fourth, Thonburi Prison is said to be a problematic location due to it being in a high-risk Covid zone.

All of this amounts to lese majeste torture.

There is special concern for Parit, “who is on a partial hunger strike…”. Veerakit told reporters that Penguin “continued to refuse solid food.” He added that he has become “weakened from refusing food” and that “Parit was instead given bread, milk, sweet drinks and mineral water to prevent his blood-sugar level falling too far.” Veerakit also revealed that “Parit had a rash on his chest. Prison officials had given him medication.”

Update: Concern for Penguin is increasing. He’s “been on hunger strike for over two weeks,” and is experiencing weakness. He has “allowed doctors to conduct a blood test for the first time on Saturday night, after suffering from fatigue, increased dizziness and dehydration.” As a result, he’s now being administered glucose and fluid intravenously.





Updated: Political prisoners and political trials

16 03 2021

A mass hearing of 22 political prisoners took place yesterday at the Criminal Court.

Thai PBS reports that Parit “Penguin” Chiwarak made the it clear that it was a political “pre-trial” meeting. It states that the defiant Parit “caused a brief commotion during a hearing … when his request to make a statement was rejected by the court…”.

The Bangkok Post reports that “Parit read a prepared statement in which he criticised the role taken by the courts in the conflict.”

The judge “interrupted him and warned that if he continued, the court would order a meeting behind closed doors with Mr Parit alone. He then ordered the defendants out of the courtroom and suspended the hearing.”

Court officials tried to rush Parit out of the court room, “causing a commotion as other defendants tried to shield the defiant protest leader.” He stood on a chair to ask “why the court didn’t grant him bail while is still not convicted of a crime…”.

He “announced his intention to go on hunger strike in prison until his request for bail is granted…”. In fact his demand referred to all 22 prisoners.

Parit’s statement is at Prachatai.

The court did agree “to requests by Panupong Jadnok, alias Mike Rayong, Chatupat Boonpatthararaksa, alias Pai Daodin, and Piyarat “Toto” Chongthep to be transferred from Thonburi remand prison back to Bangkok remand prison.”

Parit’s defiance is brave but may well lead to an intensification of lese majeste torture.

Indeed, last evening, detainee Arnon Nampa wrote a letter through his lawyer saying he was in fear when officials and others tried to take detainees out of their cells at midnight for a “COVID test.” These thugs were armed guards, some with no identification. He ended his letter: “Please save our lives…”.

Update: We see that the authorities at the Bangkok Remand Prison have concocted a half-baked story about Arnon’s concerns. Krit Krasaethip, commander of Bangkok Remand Prison, said the prisoners returned from Thonburi Prison – Pai and Mike – were “being moved to isolate them.” He said they had to be “quarantined in isolation units” because “Thon Buri Prison … is in a high-risk Covid zone, so [the prisoners] were required to have Covid-19 tests and be quarantined in Zone 2.” He added that the “pair were to be moved from their quarantine room on the ground floor to another quarantine room on the second floor but refused to leave, so prison guards agreed not to move them to avoid problems.”

Does any of this make any sense? Why were they transferred to a high-risk area in the first place? Why put prisoners from a high-risk area in the wrong kind of cell? Why not take them directly to quarantine? And why decide to do this in the middle of the night?

Just to make it all more odd, Gen Prayuth Chan-ocha said the incident prompted him to order “prison authorities to install more surveillance cameras to monitor cell block activities.” How does the prison story fir with that?

 





Lese majeste and cruelty III

13 03 2021

Yet again, the royalist courts have “rejected the bail applications by four core leaders of the anti-establishment Ratsadon group on the grounds that there is no justification for changing the court’s previous order to remand them in custody.” This refers to Jatuphat Boonpattaraksa, Parit Chiwarak, Panusaya Sitthijirawattanakul, and Piyarat Chongthep.

The new applications for bail “were filed today by Mr. Krisadang Nutcharat, a lawyer from the Centre for Human Rights Lawyers, and a group of lecturers from Thammasat and Mahidol universities.” Krisadang said “that he and the lecturers were seeking bail for the three students, namely Parit, Panusaya and Chatuphat, because they are about to take examinations.” The case of Piyarat has to do with “pre-emptive” arrest (as far as we know he has not been charged with 112).

In another report, it is stated that “Kritsadang also complained about Mr Parit’s transfer to Area 5 of the prison, usually designated for inmates already convicted.” He condemned this action, making an argument of the presumption of innocence. We doubt the royalist courts even know what this is as they take orders from the top.

The pattern emerging is one of lese majeste torture, seen in several earlier lese majeste cases. Keeping them locked up and seeking to separate them from their fellow political prisoners is a way to break their spirit and solidarity. It is also reflective of the nastiness seen in other cases involving those who “cross” the king.








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