A lawless and lying junta

11 10 2017

PPT has been busy posting about other things – the absurdity of lese majeste, junta political gymnastics – and so we neglected to mention an important op-ed by Umesh Pandey is Editor of the Bangkok Post. Earlier we posted on another commentary by Umesh on the basis of the junta’s rule in illegality and lies.

This op-ed may be seen as somewhat dated, given recent “changes” (see below), but we think his comments deserve consideration for the broader points made about what defines the military dictatorship, led by General Prayuth Chan-ocha.

Umesh’s latest commentary begins thus: “Bending the law and going back on words seems to have become the norm ever since the coup that ousted the elected government in 2014.”

In other words, the regime is built on lies and the manipulation of law.

The Post’s editor is particularly upset that The Dictator told US President Trump that there would be “free and fair elections in 2018,” only to renege. (We actually think that General Prayuth and his team of flunkies simply didn’t comprehend the statement they signed. They are not all that intelligent.)

Umesh also worries that the puppet Constitution Drafting Committee, led by serial constitution buster and military minion Meechai Ruchupan, “is defending delays in polls is something that should go down in history books as being one of its kind in the world.” He comments that the CDC “is a body that supposedly comprises some of the smartest people, who are supposed to look at the country’s future and its long-term well-being, and they are protecting the never-ending delays that this military regime is trying to undertake.”

Smartest? Really? As far as we can tell from their record, the CDC is composed of puppets with no more intelligence than their wooden counterparts.

And, this is certainly not the first time that the CDC has supported the junta’s delays. In fact, we have lost count. But this is nothing other than a collection of puppets with the junta pulling all the strings.

Umesh observes that:

The regime’s initial promise to hold elections was within a year of the coup, so 2015, then it turned out to be 2016, then 2017 and finally Gen Prayut announced at the United Nations that it would be 2018.

Then it was 2019, although in recent days The Dictator has changed this back to 2018 (maybe). We still don’t know why Prayuth back-flipped.

Umesh continues:

While democracy is being kicked around a football, the players are gradually being red-carded one after another. The latest headlines in yesterday’s papers suggest that there is an all-out effort to go for the final kill.

After having prosecuted the Pheu Thai and its predecessor parties for the past decade, efforts are being made to charge its backer, Thaksin [Shinawatra], with the feared Section 112. Newly appointed Attorney-General Khemchai Chutiwongs said 112 can be applied for video footage in which Thaksin reportedly blamed members of the Privy Council for the May 22, 2014 coup that ousted Pheu Thai government.

Of course, no election held under the junta’s rules will be “free” or “fair” or “democratic.”

Bravely, Umesh ponders the lese majeste law: “As far as most of the population of this country is aware, the lese majeste law clearly states that it applies to only members of the royal family.”

Well, sort of, apart from the cases related to Princess Sirindhorn, royal pets, dead kings, historical figures and mythical queens. But we get the point.

He asks:

So, what is the section of the 112 law that the attorney-general is going to use to prosecute Thaksin? Or is it the case that this law was changed over the course of time and people are not aware of it?

In fact, lese majeste is used however the junta (and palace) wants it to be used. There’s no rule of law in Thailand, just rule by junta.





The Dictator and his law

12 09 2017

The Dictator and his military junta are particularly keen on the law. They have used it extensively in their self-initiated battles against Shinawatras, red shirts, the Peau Thai Party, students, local communities, republicans, and anyone else conceived of as an enemy or potential threat.

This is why The Nation reports that General Prayuth Chan-ocha has “stressed that justice is a crucial part of human rights protection, saying that everyone must go through the process equally and face the consequences if they are found guilty of wrongdoing, regardless of their social status.”

On the face of it, none of this would seem to apply to General Prayuth and his military dictatorship or their allies. After all, the junta seized state power in an illegal coup, it has abused human rights and it has lasciviously bathed itself and its allies in rule by decree, martial law, impunity and double standards.

A Bangkok Post picture

But, then, one must remember that all the junta members and supporters think the law is a tool for repression and order that falls to those who control the state.

But even then, when The Dictator states that his “government [he means the junta] pays attention to human rights protection and instructs investigations into allegations concerning the issue,” he’s lying. In fact, his regime has repeatedly affirmed that it has little understanding of human rights.

Clearly, however, when General Prayuth, who also commanded troops that gunned down dozens of civilians in 2010, spoke of law and justice, he was thinking of those now declared “fugitives” – Thaksin and Yingluck Shinawatra.

He did, however, get closer to truth when he acknowledged that human rights “allegations need to be delicately handled when it comes to the performance of state officials.” What he means is that impunity is the rule and that state officials only get into trouble when their actions don’t help their bosses or when they forget to pass on required loot.

On double standards, the general mischievously declared:

It’s not that the poor commit wrongdoings and they will definitely go to jail, while the rich will not. The fact is that the rich have often fled the scene, and that’s why we see that they don’t go to jail. It’s not a problem with the justice system…. The law is not there to bully anyone. If one commits wrongdoings, he or she must go through it and fight for justice….

Prayuth’s regime has shown that this is untrue. Yes, some of the rich do flee, but sometimes that suits the regime and sometimes it suits the rich. But it is the double standards that are most evident. Slow investigations, withheld evidence, cover-ups, and so on. And, significantly, the regime uses (and abuses) the law to bully and silence opponents. It also uses it to benefit itself and its allies.

Thailand’s justice system was wobbly before the coup. Since the coup it has become an injustice system.





Double standards are the only “standards”

16 07 2017

PPT has several times posted on the undermining of the rule of law under the military dictatorship. The essential underpinning of the junta’s injustice system is double standards.

Readers may have noticed a swathe of cases brought against the junta’s political opponents of late. These include cases against the Shinawatra clan, including laws to be used retroactively, red shirts and anti-coup activists.

At the same time, there have been precious few cases against the junta’s allies. Yellow shirts, where cases go back to at least 2008, have barely been touched. The anti-democrats of 2013-14 have seldom been subject to any legal action, and when they are, the outcomes seem to be benign when compared with the treatment meted out to junta opponents.

Political double standards are everywhere. The latest iteration is the support to rubber growers. Of course, they were supporters of the anti-democrats and the military coup. Yingluck Shinawatra is being tried and harassed for price support to rice growers.

The legal double standards that serve the rich go back decades, but this dictatorship has done nothing to change them. Indeed, the symbolic case of the rich getting away with murder is that involving Vorayuth “Boss” Yoovidhya, of the filthy rich Red Bull family, who has been free and living the life of a domestic and international playboy since 2012. Despite occasional movement among authorities, usually caused by media reports, nothing much has happened.

The latest report is that “[p]olice have yet to send a request to the Attorney General’s Office for the extradition of … Boss … accused of killing a policeman in a hit-and-run case five years ago, according to an official in charge of extradition.”

Amnat Chotichai at the Attorney General’s Office said “they were waiting for the request. Amnat stated: “As of now, the police have yet to send us the request. I don’t know what’s causing the delay…”.

Everyone knows what the delay is. It is that the Yoovidhya’s are fabulously wealthy, very powerful and have lots of friends in the regime and in the bureaucracy. The longer they delay, the closer the statute of limitations.

Notice that the puppet National Legislative Assembly was able to vote “unanimously … to pass the controversial draft organic law on criminal procedures for holders of a political position.”

The double standards are so wide that a fleet of buses could be driven through the dictatorship’s gape. The double standards gap expands still further when the military dictators begin to talk of morals.

What can we make of the deputy chairman of the junta General Prajin Junthong telling “education officials” that they need “increase focus on religions in their teaching curriculum”?

Rather like a historical clutch of military and royalist commentators, the general reckons that education is about shaping the lower classes to ruling class ideology. A tepid subaltern class and a strong moral ideology have long served the rich and powerful. Of course, the rich and powerful are not held to this same moral ideology; its just about political control. But it’s also a double standard.

General Prajin declares that education can be dangerous: “Having only education to increase one’s knowledge, ability and talent is not enough…. Because they may use that knowledge in a wrong way and take advantage of other people…”. It is the lack of “religion” in education leads to immorality and corruption.

By “religion,” we can assume that the general means Buddhism, but we can assume that he means particular state-authorized or junta-sanctioned Buddhism. (Certainly not that Wat Dhammakaya stuff!) We can assume this because the general goes on to babble that “schools should also teach their students to appreciate ‘Thainess’.”

“Thainess” and “religion” have little to do with “morals.” For the junta, they mean order and stability, not to say political docility. And, naturally enough, the junta is not bound by “religion” or “morality.” It prefers nepotism, corruption, torture, commissions and unusual wealth.

Double standards? Yep. The junta didn’t invent double standards but has made them stark. In doing so, the junta has seriously undermined justice and the rule of law.





More retroactive “law”

14 07 2017

One of the most significant acts by the military-backed regime put in place following the 2006 military coup was the dissolving of the Thai Rak Thai Party through the application of a “law” applied retrospectively.

That application of a junta decree indicated and demonstrated double standards in the judicial system and promoted the further politicization of the judiciary. Today, almost all arms of the judiciary are politicized and biased. In lese majeste cases, the law is not even considered important in gaining convictions.

We are not saying that the judicial system in Thailand was ever independent, unbiased and fair, but the deterioration under the influence of military regimes and their civilian clones has been precipitous.

Whatever one thinks of Thaksin Shinawatra, the Bangkok Post’s report that several court cases against the former prime minister “are expected to be resumed in absentia following a new organic law endorsed by the National Legislative Assembly (NLA)” is another example of the manipulation of the law and the politicization of the judicial system.

It is no surprise that the reduced puppet NLA “voted unanimously … to pass the controversial draft organic law on criminal procedures for holders of a political position.” (The NLA is reduced as several puppets resigned to prepare for the junta’s “election,” suggesting that the NLA has been tipped off on the date of the election, while the public is kept in the dark.)

While the change to the law to allow for trials in absentia may be considered a useful change, it is clear that this is “Thaksin’s Law,” meant to banish him from Thailand forever. (Of course, he is not the first “enemy” of the monarchy to be banished from Thailand for life.)

As the Post report notes: “Cases which have gone to the court before the enactment of this law will also be affected, meaning the law will be retroactive….  In general, rule of law forbids prosecutions under laws passed after the alleged crimes were committed.”

The anti-democrats will cheer this. Yet they are complicit in the undermining of the rule of law in Thailand.





The (in)justice system at work

27 06 2017

The “justice” system continues to operate in the interests of some and discriminates again others. It is a system that ensures injustice in Thailand. Far from the claims made by the military dictatorship, there is no notion of blind justice and it is a nonsense that “everyone must adhere to the law.”

In late September 2014, 72 year-old Arkaew Saelew died. He was shot in front of IT Square shopping mall in Laksi district on 1 February 2014, the night before the 2 February polls that the anti-democrats opposed. He had been confined to hospital for seven months after a bullet to the neck shattered his nerve system and paralysed him from the neck down.

He was shot as anti-democrat protesters supporting Suthep Thaugsuban sought to block the election by besieging the Laksi District Office, where poll ballots and other equipment were stored, prompting pro-government demonstrators to stage a counter rally. Arkaew had joined those supporting an election.

In a brief battle between the twos sides, pro-election demonstrators were pinned down by anti-government militants equipped with automatic rifles and bullet-proof armor. The anti-democrat gunmen were organized in military style and were careful to collect bullet casing and were cheered by the anti-democrats. Four people were seriously injured in the shooting.

At the time, anti-democrat co-leader Issara Somchai admitted that the shooters on that day belonged to his lot, saying that the man who fired a gun hidden in a popcorn bag was their man. When he was arrested, shooter Vivat Yodprasit stated “still loves and respects PCAD [Suthep’s PDRC] leader and monk Buddha Issara as ‘his own father’ and is relying on the monk to provide him with legal assistance.” He worked as a PDRC “guard.” Vivat said he worked protecting Suthep [opens a PDF].

Initially he confessed in great detail, then withdrew that, but was still convicted. Now an Appeals Court has “dismissed the charges against a suspect known as the ‘popcorn gunman’ accused of attempting to murder red shirt protesters in February 2014.” After he was convicted he also admitted to a journalist that he was a shooter at Laksi.

Initially indicted on more than ten charges “under the Criminal Code, the Gun Control Act, the Emergency Decree, and the Civil Code, for attempted murder and carrying weapons in public,” he got 37 years in jail. The “Appeal Court dismissed the charges, citing weak evidence.”

Although the charges against Vivat were dismissed by the Appeals Court, “the court did not release him. He will be kept in detention while the prosecution appeals to the Supreme Court.”





“Everyone must adhere to the law”

27 06 2017

Knuckle-draggers, knuckle-heads and other anti-democrats have gotten pretty darn agitated by Yingluck Shinawatra’s recent tears. We don’t imagine that any of them can see past their hatred of a popular politician and her troubles as concocted by the military dictatorship.

But one line by Deputy Dictator General Prawit Wongsuwan caught our eye. In dismissing Yingluck, he reportedly stated that “everyone must adhere to the law.”

Prawit is the nitwit with the tongue

If that were true, he wouldn’t be Deputy Dictator and illegal coup-makers would be jailed.

If that were true, the popcorn gunman wouldn’t have been acquitted.

If that were true, the Thai Rak Thai Party would not have been dissolved using law retrospectively.

If that were true, the military dictatorship would have 3,000 people awaiting trial for reposting a BBC Thai story on King Vajiralongkorn.

If that were true, there would have been an investigation of the theft of the 1932 plaque.

If that were true, all those committing torture, disappearances and so on, would be jailed.

If that were true, military murders would be jailed.

If that were true, the Red Bull killer would be in jail.

If that were true…. We don’t need to go on. This general is a nasty nitwit.





Reasons to think about 1932

20 06 2017

As the anniversary of the 1932 revolution draws closer, the palace and the military dictatorship must be getting twitchy.

First, there’s the speech by the now aged Octobrist, Seksan Prasertkul. He was widely reported after a speech at Thammasat University, honoring Direk Jayanama, a member of the Khana Ratsadon that overthrew the monarchy in 1932.

Seksan seems to have caught up with PPT (sorry, couldn’t resist), saying that the military junta “is systematically laying down the foundations to allow its power to take deep root in Thai politics and overshadow the role of elected politicians in the future…”.

He sees something he calls a “state elite” branding “politicians who sought power through elections as bad people,” and seeking to stay in place itself. He says the “Thailand 4.0 banner, the Pracharath state-and-people cooperation scheme, the national strategic plan, and the current constitution to change Thai politics and keep political power in the hands of the ‘state elites’ and bureaucrats for at least 9-10 years…”. We have been saying that for more than three years (sorry, couldn’t resist).

He says that “the bureaucrats” are Thailand’s “old power” before  Thaksin Shinawatra came along. In a report at The Nation, Seksan is reported as saying that state elites and their “norms have been challenged or at some point eroded by globalisation and capitalism. With the writing of new rules and regulations, the new charter has become the tool they use to rearrange power relationships in the society.”

That’s kind of right, but there is no link between capitalism and an open society. Thailand’s middle class has demonstrated this and so have China and Singapore. Thailand’s capitalists have lined up behind the old elite that is broader than “state” officials. Missing that is risking missing the story of 21st century Thailand.

He is right to warn that “[i]f political parties cannot think of anything better than to challenge state elites or don’t dare touch the neo-liberalism model, or don’t dare to think differently on big issues, it’s no use our having these political parties because they will only be groups of power seekers.”

Look at them lining up for the junta’s rules and the junta’s “election.”

The second story is Thongchai Winichakul at Prachatai. When he talks of rule by law, he’s pointing to a point we have been making for several years (sorry, couldn’t resist).

Thongchai, ever the clever commentator, notes that the “months of May and June mark several key milestones in Thai history. There is June 1932 (the People’s Revolution) and June 1946 (the assassination of King Rama VIII), the two bloody crackdowns in May 1992 and 2010, and the coup in May 2014.”

He’s right to say that “the revolution of 1932 is not yet finished, not merely in with regards to the political system, but with regards to the establishment of the rule of law.”

What we’d emphasize, though, is that 1932 was an event that unleashed a struggle that has gone on since. The royalists have worked for more than eight decades to roll back the changes of 1932. What the junta has put in its constitution is a system of government that the royalists (and the royals) have tried to establish again and again. Now they think they have succeeded.

The 2017 constitution is the political victory of the royalists. Accepting it as the rules of the political system is a capitulation to the anti-democratic royalists of 1933, 1947, 1957, 1976, 1991, 2006 and 2014.

Only a people’s movement recognizing people’s sovereignty can defeat the anti-democrats.