Color coding royal pardons?

As is usual around supposedly auspicious royal events, “pardons” – a kind of amnesty – have been granted to prisoners and others serving sentences. They include commuted jail terms for serious offenses.

The latest, for the coronation, includes some interesting “pardons.”

Five leaders of the People’s Alliance for Democracy will be released. They were only convicted a few weeks ago. They are: Maj-Gen Chamlong Srimuang, Pipop Dhongchai, Somkiat Pongpaibul, Somsak Kosaisuk, and Suriyasai Katasila. Sondhi Limthongkul’s position remains unclear, although he may have benefited by having his fraud sentence reduced.

Interestingly, PAD seem to have designed the kit for the king’s royal volunteer “army.”

What of red shirts serving sentences? We haven’t seen any news yet.

Anti-junta critic, sentenced on lese majeste for sharing a BBC Thai report, student activist Jatuphat Boonpattaraksa, also known as Pai, has benefited, but not by much. He was due to be released on 19 June.

We might be missing something, but it might be that royal pardons are now color coded.

Heroes and villains

The Supreme Court has finally upheld finally upheld the sentencing of six leaders of the People’s Alliance for Democracy to eight months in jail for actions during its occupation of Government House in 2008 may be seen as a late but appropriate judicial recognition of PAD’s illegal actions.

Chamlong Srimuang, Sondhi Limthongkul, Pibhop Dhongchai, Somkiat Pongpaibul, Somsak Kosaisuk and Suriyasai Katasila were charged with “breaking into Government House and damaging property there during the protests they led against the Samak Sundaravej government from May to December 2008.”

But the process involved shows how the sentences have been reduced through the judicial process. Originally they were sentenced “to two years’ jail each, commuted from three years due to their useful testimony.” That was reduced by the Appeals Court “to eight months in jail, commuted from one year.”

However, the “Supreme Court ruled that their demonstration was not peaceful, as they claimed, because their supporters broke into Government House.” Apparently, this means that occupying Government House grounds for seven months, seeking to prevent an elected government from operating is okay.

A Bangkok Post editorial is closer to the mark, noting that PAD’s leaders “resorted to extremism and violence, sexed up by hate speech.” It also observes that PAD “set up armed and unarmed forces who mingled among protesters … and used tens of thousands of their protesters as human shields against the police crackdown.”

That PAD’s “ruthless operations” served as a model for red shirts and the People’s Democratic Reform Committee cannot be disputed.

The Post’s history of support for the yellow-shirted and PDRC movements seems forgotten. So too are the double standards of the judiciary in the sentencing of red shirts versus the treatment of yellow shirts.

This should remind us that, in the current political climate that emphasizes “loyalty,” the PAD leaders going to jail means they become heroes and martyrs in the renewed battle against the villainous Thaksin Shinawatra and for the monarchy.

Justice system a politicized tatters

Thailand’s judiciary is in tatters. Politicized for years, conscripted into judicial activism and royalist to the core, the judiciary is unable to work independently or even to maintain rule of law.

The most recent example involves the Appeals Court upheld an earlier court ruling “that dismissed a trial against nine yellow-shirt leaders who demonstrations against late prime minister Samak Sundaravej in 2008.”

The court decided, against all evidence, that Chamlong Srimuang, Sondhi Limthongkul, Pipob Thongchai, Somkiat Pongpaiboon, Somsak Kosaisuk, Suriyasai Katasila, Chaiwat Sinsuwongse, Amorn Amornrattanond and Therdpoum Jaidee:

were … not guilty … [when] the Appeals Court …ruled that their protests under the now-defunct People’s Alliance for Democracy … were conducted peacefully and according to democratic principles.

They had stood accused of “attempting to use force to change the government and instigating chaos in the country.” This related to their extended protests in Bangkok and the seizure of government offices. Other charges relates to possessing weapons such as baseball bats, iron bars, axes and catapults.

The Appeals Court dismissed the weapons charges saying they may not have belonged to the protesters. The court then “found that the defendants were not guilty when they obstructed the authorities’ attempts to demolish their tents, saying that the incident did not start from the defendants’ side,” despite the fact that they occupied these buildings and their grounds.

The court then “ruled that the protests led by the nine defendants in 2008 were conducted peacefully, in a manner which was allowed in a democracy and under the Constitution.”

Of course, similar manufactured dismissals were manufactured as convictions for red shirts.

The justice system has brought itself into disrepute.

Updated: Bankrupt PAD

As widely reported, including in the Bangkok Post, 13 core members/leaders of the People’s Alliance for Democracy face a combined bill of 522 million baht incurred as a court’s decision on compensation to the Airports of Thailand Plc, for losses incurred “by the 10-day closure of Suvarnabhumi and Don Mueang airports 10 years ago.”

Apparently, “a legal execution notice sent by prosecutors, who were authorised by the operator of the two gateways, to seek the payments.” This follows a 2011 ruling by the Civil Court upheld by the Appeals Court and the Supreme Court between 2011 and 2017.

This might be good news for those who were outraged by PAD’s illegal actions that led to the judicial coup of December 2008.

But is it? It seems that the PAD leaders will simply declare themselves bankrupt.

The 13 are Chamlong Srimuang, Sondhi Limthongkul, Pipop Thongchai, Suriyasai Katasila, Somsak Kosaisuk, Chaiwat Sinsuwong, Somkiat Pongpaibul, Amorn Amonrattananond, Saranyu Wongkrajang, Samran Rodpetch, Sirichai Mai-ngam, Maleerat Kaewka and Therdpoum Chaidee.

While Sondhi is in jail for another unrelated offense, we guess that the rest have had plenty of time to organize their personal finances.

Criminal lawsuits are continuing.

Update: Confirming our comments above, the PAD group has thumbed its nose at the courts (again). Chamlong “said he cannot find the money to pay, and he had no assets which can be seized.” In any case, he rejects the notion of compensation to Airports of Thailand: “I insist I did nothing wrong. Why was I ordered to pay such a huge sum of money — as if we burned buildings. But we never burned a single building…”. He added that “he does not regret the consequences he now has to face as he did it in the best interests of the country.” His yellow compatriot, Sirichai Mai-ngam simply said: “We have no money. We won’t run away. We won’t pay…”.

On May 1992, part II

In part I, we posted on a speech by the notorious royalist poseur Bowornsak Uwanno, who misused the occasion of a remembrance of the military’s murder of democracy and murder of civilian in May 1992.

In another report at The Nation on a memorial event, it is stated that “politicians and political groups yesterday attended a memorial service to remember those who lost their lives in the Black May 1992 political uprising.” It seems to us that the military dictatorship tried to manage this event as it was attended by “representatives of the junta-appointed agencies known as the ‘Five Rivers’. They included Prime Minister’s Office Minister Panadda Diskul, National Legislative Assembly (NLA) vice president Surachai Liengboonlertchai, Ekachai Sriwilat[,] Prasarn Marukpitak and Rosana Tositrakul members of the [puppet] National Reform Council (NRC).”

Even if any of this lot had any reason to be there, it seems they have forgotten the meaning of 1992. All are rabid monarchists and pro-military flunkies. Rosana is a strident yellow shirt who has supported all anti-democrats since 2004. Surachai is one of Rosana’s allies in the anti-democratic Group of 40 Senators, mostly unelected after 2007, who are ultra-royalists and deeply yellow. So is Prasarn. Panadda is a devoted royalist, specialized in self-promotion and a dedicated restorationist, committed to dictatorship and absolutism. They insult the memory of the dead.

Amongst attendees, there were some with a real connection to the events in 1992, including “red-shirt co-leader of the United Front for Democracy against Dictatorship (UDD) Jatuporn Promphan and yellow-shirt co-leader of the People’s Democratic Reform Committee Pipop Thongchai.”

That the Democrat Party sent representatives is also insulting of those who died in 1992 for the Party was prepared to deal with the military then, if it got them close to power. Nothing much has changed.

The egregious Panadda said that the “incident” in May 1992 – he means the massacre of civilians – “showed the public’s will to achieve democracy.” It did, but to disgrace that resolve by linking it to The Dictator and self-appointed Prime Minister, General Prayuth Chan-ocha, and to claim that this vandal of democracy “had recognised the people of Thailand’s wish to see real democracy in the country…” is disgusting.

Rosana is as bad, saying that May 1992 “occurred because all the heroic people wanted to see reform of the political system without any influence. They hoped that the election would lead to the development of a strong democracy and that it would not result in a coup.” She’s lost in a make-believe history and she manages to link an anti-military uprising to the 2006 and 2014 military putsches, which she enthusiastically supported.

For those wanting a useful summary of the events of the time, not least as an antidote for the tripe served up by military flunkies, this PDF, available for free download, is not a bad place to begin.

Yellow reform I

Anti-democrats reject elected politicians and political parties as divisive and corrupt. This is an essential point of the royalist discourse that seeks to limit policy making to the great and the morally good.

Of course, any reasonable assessment indicates that the great are often fabulously corrupt and the morals of the good are usually flexible. The notion of rule by the morally good simply equates with those who slither about saying what great monarchists and loyalists they are. Nepotism and collusion are quite alright if you are of the right politics, as the military dictatorship has so relentlessly demonstrated.

This is why it is expected that a group of the junta’s handpicked National Reform Council (NRC) members led by academic Sungsidh Piriyarangsan should also launch its very own “civic group” which they have called the “Thailand Reform Institute” at Rangsit University.

Along with Chulalongkorn, Rangsit University is one of the centers of anti-democrat/PAD/yellow shirt academic activism. The university is owned by Arthit Ourairat. Arthit’s self-promoting profile is here.

The “new” group at Arthit’s university “was founded to act as a coordinating centre for movements of civic groups working in the areas of national reform and development as well as helping to build a democratic society…”.

Frankly, we do not believe them. We can accept that they might want “reform.” After all, that was the unspecified demand of the anti-democrats who are responsible for the military’s coup, which they repeatedly demanded. But democracy? That’s a stretch for this group.

For a start, the “institute” is as much about disseminating royalist propaganda as gathering “people’s opinions.” The idea that the “institute” would “monitor the government’s use of power” is a stretch too far. Then, the members of the “institute” are dedicated anti-democrats.*

Suriyasai Katasila, listed as “a lecturer at the College of Social Innovation and the Green Group leader, [who] was appointed the director of the newly formed group” by the Bangkok Post is actually a former PAD leader and speaker on the anti-democrat stage.

Other committee members include NRC members “Rosana Tositrakul, Anek Laothammathat, Niran Pitakwatchara of the National Human Rights Commission, Sirichai Mai-Ngam, chairman of the Electricity Generating Authority of Thailand (Egat) labour union, former PAD leader Pipob Thongchai and academics from various disciplines.”

Rosana is a strident yellow shirt who has supported all anti-democrats since 2004. Most recently, she has opposed having different views on the NRC, so her participation in this “institute” is likely about exclusion rather than inclusion of opposing views.

Anek is one of the ideologues of anti-rural propaganda that denigrates voters as bought, duped and ignorant.

Sirichai heads the unions that have supported every anti-democrat action since 2004. His unions were the ones who went about disconnecting water and electricity at government departments during the anti-democrat protests earlier in the year. All the state enterprises are now controlled by the military.

Pipob is a political ally of Suriyasai and a former member of the PAD leadership.

Suriyasai defended the notion that “some committee members were also on the NRC because talks to establish the institute had taken place before the selection of NRC members. But this would not be a problem in terms of work…”. In fact, conflict of interest is nothing for the “good.” These anti-democrats have colluded for over a decade, so there’s no obstacle to their propaganda work.

*We don’t rule out the possibility that this ginger group could fall out with The Dictator when he begins to make compromises and angles for a longer-term military presence in politics (think of 1991-92). They also want to make sure that he and his junta stay “on track” for radical royalist “reform.”

 

Courts

Several news stories relate to the judiciary deserve some attention.

First, PPT has criticized several court decisions as royalist politics. However, occasionally some good sense emanates from a court. The Criminal Court has made a useful decision when it “dismissed a libel case lodged by former prime minister Abhisit Vejjajiva against red-shirt leader and former MP Jatuporn Promphan…”. The court ruled that democratic politics meant that, “… a verbal attack cannot be regarded as defamation in accordance with the Penal Code…”.That seems to us to be a reasonable point.

Abhisit has fired off at least four defamation cases against Jatuporn and seems likely to appeal this decision. Of course, politicians on both sides of the current political sandwich are equally likely to shout defamation and head for the courts.

Thai politics is full of allegations, some of which are outrageous claims. It makes little real sense for politicians to use defamation laws against each claim yet they tend to see the courts as a political resort when they feel  injured. It is related to what, in the context of lese majeste, David Streckfuss calls the “defamation regime”: “a social and political formation that over time develops a kind of ‘defamation thinking’ and ‘impulse’ that focuses on the insult of the defamatory statement, often at the expense of the truth” (xv).

Second, People’s Alliance for Democracy leaders and acolytes are back in court in on-again, off-again trials that date back to their actions in 2008. In one case, an appeals court has upheld one of the few convictions recorded so far against PAD. In this case, Preecha Treecharoon’s conviction for attempted murder related to his use of “a truck to run over a police officer in charge of crowd control on October 7, 2008, near Parliament.” The court increased his prison term to 34 years.

In the same report, Sondhi Limthongkul, Chamlong Srimuang, Somkiat Pongpaibul, Pipop Thongchai, Maleerat Kaewka and Praphan Koonmee “pleaded not guilty [in two cases] to criminal violations in connection with the 2008 protests at Government House and Parliament.” The charges involve “illegal assembly, breach of the peace, coercion and illegal detention…”. As usual, they sought bail and continuing delays may be expected. Red shirt leaders regularly end up in jail while PAD people almost never sit behind bars.

PAD, Privy Council and amnesty

With Thaksin Shinawatra apparently having announced that he “will not accept any benefit from the proposed royal pardon decree…”, the royal pardon story may been thought to have lost a great deal of its relevance. However, PPT thinks it still has legs for the anti-Thaksin crowd. They have seized on this as another opportunity to work towards the overturning of the July election result, and there will be continuing activism on this. In any case, no true yellow shirt would believe anything Thaksin says.

At The Nation it is reported that the People’s Alliance for Democracy (PAD) has “vowed to exploit all legal avenues to stop the government’s attempt to help ex-premier Thaksin Shinwatra [sic], brother of Prime Minister Yingluck, escape a jail term through a royal pardon.” PAD plans to rally outside the Council of State on Monday. They will also file a complaint with the National Counter Corruption Commission and Ombudsman and most strikingly, PAD is urging “the Privy Council not to advise His Majesty the King to bestow a pardon until the constitutionality of the draft legislation becomes clear.”

PAD grinning leader Chamlong Srimuang has emerged to damn red shirts who support Thaksin and with the vow that his group will continue to demonstrate “its readiness to protect the monarchy.” PPT isn’t quite sure what the threat to the monarchy is. Perhaps it is just Thaksin….

Another PAD leader Pipop Thongchai “called on the Council of State, the Office of His Majesty’s Principle Private Secretary [sic], the Privy Council and the military to take stands on the issue to prevent further political conflict.” With that lot, a political conflict is pretty much assured.

Meanwhile, red shirts in Udorn Thani, Mukdahan, Khon Kaen, Samut Prakan and Mahasarakham have rallied in support of a pardon for Thaksin.

The Bangkok Post reports that the PAD rally on Monday will last the whole day and add that it is seeking a “ruling from the Constitution Court on whether the royal pardon decree is constitutional.”

Over at the Army, The Nation reports that “General Prayuth Chan-ocha has approved the reshuffle of 221 Army colonels in a bid to consolidate his power base. Dozens of soldiers who are close to the Army chief and his colleagues from Class 12 of the Armed Forces’ Preparatory School were given key positions in various army units under reshuffle orders signed by Prayuth on Friday, sources said.”

On the same story, the Bangkok Post adds the somewhat unlikely view that the reshuffle is to “to consolidate power to prepare for the expected fallout of a proposed pardon for former prime minister Thaksin Shinawatra.” That seems unlikely as arranging a large reshuffle is not an overnight decision.

As we have observed, almost all of the anti-Thaksin elements are back in play. It promises to be an interesting few weeks ahead, especially as the yellow shirts call the Privy Council and judiciary up to bat.