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.  





And now lese majeste

27 03 2017

One of the things we should have predicted about the “weapons seizure” said to involve junta critic and renegade red shirt Wuthipong Kachathamakul or Ko Tee was further lese majeste charges. We should have predicted this, but as Ko Tee already faces a charge, we became negligent of the junta’s modus operandi when dealing with such cases. After all, the dictators have claimed a “republican plot.”

Prachatai reports that the junta has “accused one of the nine people arrested over the alleged plot to assassinate the junta leader of lèse majesté over Line messages.” The report states:

On 24 March 2017, Maj Gen Wicharn Jodtaeng and Col Burin Thongprapai, legal officer of the National Council for Peace and Order (NCPO) took nine people accused of involvement in the alleged plot to assassinate Gen Prayut Chan-o-cha, the junta leader and Prime Minister, to the Crime Suppression Division (CSD) in Bangkok….

Most of them, who are anti-establishment red shirts, are accused of terrorism and possessing unauthorised or illegal weapons, and involving in a criminal association. The nine were detained for seven days at the 11th Military Circle in Bangkok after their arrest before being handed to the police.

One of those arrested, Suriyasak Chatphithakkun, 49, is now “accused of Article 112 of the Criminal Code, the lèse majesté law and Article 14 of the 2007 Computer Crime Act, a law against the importation of illegal content.”

According to the military snoops, Suriyasak is a “local red shirt leader from Surin Province…”. They claim that on “13 July 2016 allegedly wrote a message deemed defamatory to the Thai Monarchy in a Line chat group called ‘People Outside Coconut Shell’.”

He will go to a military court.





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.





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.





The Ko Tee “plot” and extradition

20 03 2017

In our last post on the military junta’s marvelous story about a mammoth plot to accumulate war weapons, assassinate The Dictator using a sniper rifle and cause a rebellion based on Wat Dhammakaya, we stated:

While Ko Tee [Wuthipong Kachathamakul] has denied the arms belonged to him, the cops admit he’s been on the run since early 2014…. “Pol Gen Chakthip said police had tried to contact … Cambodia … for Mr Wuthipong’s extradition, but had received no helpful reply.”

Now the police can claim that Ko Tee “allegedly played a leading role in gathering weapons to support the temple and as such must be considered a threat to national security…”. This “plot” will presumably help with gaining his extradition.

Bingo! The Bangkok Post reports that the junta “has vowed to seek the extradition of hardcore red-shirt leader Wuthipong Kochathamakun, alias Kotee, from Laos following the discovery of a huge cache of weapons by authorities in a house in Pathum Thani.” (Like everyone else, we thought he was in Cambodia.)

Gen Prawit Wongsuwan said “he wanted Mr Wuthipong brought to justice given the weapons were found in his home, adding officials will contact Laos authorities to seek Mr Wuthipong’s extradition.”

They really want him for lese majeste and seem prepared to go to extreme devices to get him.

In our earlier post we also stated:

The next step for the police will be to parade the “suspects” before the media where they will presumably admit their guilt and “confirm” the “plot.” They may even be made to re-enact some “crime.” That’s the pattern.

Bingo! The same Bangkok Post story quotes a senior policeman as stating; ” The nine arrested suspects were questioned by military officers and they confessed to keeping the weapons for a particular mission…”.

Now we await the parade of “suspects.”

As a footnote to this story, readers might recall earlier posts, beginning in early February, about a junta desire to extradite anti-monarchists from Laos. This morphed into an alleged “death threats” against The Dictator, which were then said to come from republicans, and which saw attempts to push the Lao government to extradite the alleged conspirators. This effort went on for some time.

Does it seem like too much of a coincidence that yet another plot has suddenly been “revealed”?





Further updated: Another miracle of the law?

19 03 2017

Readers will certainly know that the supposed taxes now deemed by the military regime as due from Thaksin Shinawatra are to be collected by a secret measure officially described as a “miracle of law.”

Another miracle of law seems to have been seen. Immediately after the 2014 military coup, red shirt Wuthipong Kachathamakul also called Ko Tee took off, fleeing charges that included lese majeste. That latter charge originated from the period of the Yingluck Shinawatra government and under huge pressure from the military and royalists.

Prominent among those calling for Ko Tee’s arrest was General Prayuth Chan-ocha. He had been verbally sparring with Ko Tee for some time.

In the new “miracle,” the Bangkok Post reports that a military and police search of Ko Tee’s house resulted in a “large number of explosives, weapons, rounds of ammunition and other items were seized…”.

The media and the yellow-shirt anti-democrat social media lit up, expressing gratitude that the miracle provided further “evidence” of red shirt violence and skulduggery.

The Post “revealed” that “Wuthipong was not there when a combined team of police and soldiers searched the two-storey house, which also serves as the office of Thai Max Group Co, run by the red-shirt leading member in this central province…”. Well, yes, but….

Later the Post “reveals” that for “three years, Ko Tee, a hardcore red-shirt co-leader of the United Front for Democracy against Dictatorship (UDD), has not been living in the Pathum Thani house where he reportedly ran a community radio station.”  Well, yes, but….

Finally: “He has been on the run since the May 22, 2014 coup and was wanted on a number of charges, including lese majeste.” Well, yes, that’s quite a long-winded way of getting to the point.

The police and military “detained a man who was a caretaker of the house for questioning.”

As can be seen in this photo, clipped from the Bangkok Post, it can be seen that the authorities, in displaying the weapons and explosives they claim to have discovered have a link to red shirts.

Why a miracle now? Why three years after Ko Tee fled?

Is it that the authorities got new “intelligence”? Nothing stated so far.

Is it, as has been the case in the past, the junta feels a little pressure, and feels the need to “remind” people of the reason for the coup?Almost certainly.

Is it because the junta has faced an excoriation for its human rights failure?Perhaps.

Is it because the anti-democrats have been complaining about the junta’s failures? Perhaps.

Men in black are back? Perhaps.

Do they want to show that red shirts are still threatening to the elite and anti-democrats? Almost certainly.

It really is a miracle.

Update 1: We can now more or less express disbelief on this story. Thai Rath reports that the military is saying that the cache of “newly discovered” weapons were meant to be used against The Dictator. Forgive our incredulity, but if one was an assassin, such a cache of arms would hardly be required unless a rebellion was planned. If a rebellion was planned, the “rebels” must be as dumb as they come, hiding weapons in a red shirt’s house, which they might assume is under surveillance. If it wasn’t under surveillance then the cops and military are as dumb as they come. But, who would be planning rebellion? We could hope, but there’s been no obvious reason for hope.

Update 2: The junta has been forced to deny that this “discovery” of weapons was a set up. Junta flunkie Lt Gen Sansern Kaewkamnerd stated that “the operation followed a lengthy investigation and intelligence operation.” When reporters noted how new many of the weapons seemed, Sansern reckoned this was because they had been well protected and well hidden. Right….

Sansern declared that “the seized items would be  kept and used whenever the regime needed another set up as evidence for further investigations to nail the culprits because possessing such war materials was detrimental to national security.”

Then, somewhat compromising his “explanation,” Sansern “said Prime Minister Prayut Chan-o-cha had instructed officials to look for those who were involved and take appropriate legal action.” So we should assume that the “lengthy investigation and intelligence operation” followed weapons but failed to finger those responsible for the weapons cache? Right….





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.