Law and junta “law”

20 02 2018

The issue of junta law versus rule of law has been discussed by academics.Discussing this aspect of “rule of law,” where the junta uses law for propaganda and for political repression, is of critical importance.

An academic forum at Thammasat University “heard doubts about the legitimacy and lasting effects of laws enacted by the NCPO and the current appointed branches of government.” Teerawat Kwanjai, a law lecturer at Prince of Songkla University, observed:

The NCPO [the military junta] always claims that it follows the law, which is in fact the offspring of the junta’s own appointments…. This has paved the way for the NCPO’s almost four years in power, combined with the public’s fear of prosecution.

Teerawat pointed to examples of laws being used for repression and engendering fear as including “martial law; NCPO order no 3/2015, which authorises military officers to exercise police powers and arbitrarily detain people for seven days; the computer crime bill; and the public assembly bill.” Lese majeste appears to have gone missing due to self-censorship.

Whereas the junta “had initially relied on martial law but recently invoked its own orders to detain people in specific cases.” The junta now trusts the courts to enforce its will.





The lawless regime

4 02 2018

PPT has long pointed to the lawlessness of the military dictatorship. It was an illegal and subversive act – a military coup – that brought it to power. The junta then enacted its own decrees and made itself and its illegal actions “legal.” Since then, the junta has regularly ruled by decree and martial law, used military courts for civilians, acted against its own constitution, failed to provide evidence in murder and torture cases, used the dubious and draconian lese majeste as a weapon against political opponents, concocting cases, arrested people on bogus charges, abducted others and much more.

As the regime digs in against political opponents (and even some supporters gone bad) it is now ignoring the courts it has previously able to direct as puppets. All in the cause of maintaining the military dictatorship and covering-up General Prawit Wongsuwan’s corruption on luxury watches.

Prachatai reports that “[d]espite a recent ruling from the Administrative Court ordering the authorities to facilitate the civil rights march, local authorities in Nakhon Ratchasima have pressured the civil rights march to leave the area two days earlier than planned.”

On 1 February 2018, about 10 local government officials visited participants in We Walk, A Walk for Friendship at a temple in Nakhon Ratchasima and asked them to leave the temple earlier than planned.

According to Eakachai Issaratha, one of the marchers, the participants planned to stay for three nights at Wat Non Makok temple in Non Sung District before continuing their journey to Khon Kaen and the abbot of the temple had agreed to shelter them. However, about 10 local government officials visited the temple and told the march organisers that they could stay for only one night.

The officials claimed that there was a resolution from a meeting of soldiers, police officers, district officials, village heads and subdistrict heads, to allow them to stay for only one night. The marchers could not stay in the area for 3 nights, because the district and provincial officials felt uncomfortable.  The decision to let them stay in the area was not for the abbot alone to make, but rested also with the local administration.

It seems the junta and its minions can just ignore the Administrative Court and its ruling that the We Walk march should continue under a notion of the right to freedom of assembly and its order that the authorities should not to obstruct the march.

Lawless regimes are dangerous.





Updated: Digging in or grave-digging? III

3 02 2018

Yesterday, students claimed that “political mockery involving luxury watches and military figures” was a no-go area during the 72nd Chulalongkorn-Thammasat football match scheduled for today:

Latthaphol Yimlamai, a Thammasat University (TU) student who is president of the university’s political mockery group, said a high-ranking military officer had prohibited them from using Deputy Prime Minister Prawit Wongsuwon’s luxury watches as a theme in TU’s parade mocking politicians, a traditional highlight of the annual football event.

Effigies of military leaders were also prohibited, as was the mentioning of names of those figures and agencies. An inspection on all effigies would be conducted at 9am before the match, the third-year political science student said.

He said the group was informed of the taboo issues after executives of the TU Alumni Association had been summoned by military officers on Wednesday to discuss the parade’s themes.

… The preparation of the parade at TU’s Rangsit campus in Pathum Thani has been monitored by military officers, he said.

The junta immediately “denied” the claim.

In “denying,” Col Winthai Suvaree said “it was hoped they planned no activities that would cause disunity.” In his “denials,” he stated that the junta’s thug-minions “normally ask organisers of the … match not to allow any activities that would affect the image of any individual or organisation and cause public misunderstanding and hatred in society.”

These denials sound rather like affirmations. In any case, police have already arrested others for the kinds of things the students were denied/allowed to do. In a report that reflects the surreal world of junta politics and “rule of [junta] law,” it is reported that:

Bangkok police have arrested four activists who performed a mime mocking the deputy junta head in public. The four have been fined for violating the public assembly law, which prohibits a public gathering of five people or more.

Yes, we realize that 4 ≠ 5 but it seems that nothing adds up under the junta (unless it is the cost of luxury watches). From a pro-democracy group called Young People for Social-Democracy Movement, the four activists were arrested after performing a “mime mocking the corruption allegations of Deputy Prime Minister Gen Prawit Wongsuwan” on a skywalk near the Victory Monument.

As the junta digs in its flailing about looks increasingly like the dance of the desperate. You can, you can’t, 4 = 5, making up law, and surreal and bizarre politics. How much more?

Update: Currently circulating on social media:





The Dictator’s “human rights”

27 01 2018

The Ministry of Foreign Affairs thinks it can “refute” Human Rights Watch report on the dire situation of human rights under the military junta.

Junta toadies at the Ministry declare that the HRW report “generally contains sweeping and ungrounded allegations as well as politically biased accusations. Like last year’s report, the narrative missed the prevailing facts on the ground and intentionally ignored progresses, positive developments and efforts undertaken by the Thai Government.” They mean the military dictatorship.

The Ministry seems particularly miffed that HRW has not accepted junta propaganda:

In fact, since last year, the Foreign Ministry has set up a regular channel to interact with a number of civil society organizations, including HRW in Thailand. At the meetings, representatives from National Council for Peace and Order (NCPO) as well as agencies concerned participated and sincerely exchanged views and information. Regrettably, information provided at those meetings which can readily clarify many points raised in the report have not found its way to HRW writers who may sit elsewhere across the world drafting the report, ignoring once again positive developments on the ground. Worse, in reality, it is more often than not disregarded.

The idea the Ministry toadies are purveying is that HRW doesn’t understand Thailand because it is not “on the ground” and its writers “sit elsewhere.” This is nonsense, but the minions are promoting Thai-ism.

And it is a Thai-ism that is promoted as a form of human rights. Presumably only Thais of the appropriate political color will recognize Thai-style human rights in a developing Thai-style democracy.

Then the Ministry propagandists provide instances of the military dictatorship’s promotion of human rights:

The new Constitution of 2017, which passed national referendum at 61% approval rate in August 2016, reaffirms Thailand’s human rights commitment by underlining the principles of equal rights and protection under the law, non-discrimination, prohibition of torture, and freedom of religious beliefs, among others. It also upholds the rule of law, stipulates the administration of justice and the provision of legal assistance to ensure better access to justice for all.

Need we say that the referendum was neither free nor fair? Should we point out that the regime banned any campaigning against the referendum? Should we add that some people are still in court and charged with offenses meted out to them for even reporting and observing opposition to the junta’s constitution? Is it necessary to point out that “on the ground”there is discrimination, torture by police and military and that the rule of law is a hastily cobbled together sham and joke underpinned by double standards? Is it necessary to observe that freedom of expression and assembly are highly and bluntly repressed?

The Ministry is right that cases previously before the “Military Court have all been transferred under the Judicial Court of Justice, if committed on or after 12 September 2016.” But that last phrase is important as military courts continue to hear cases from before that date. Military courts are often held in secret and are a travesty of justice.

The Ministry claims that:

… under the instruction of the Prime Minister, the Committee to Receive Complaints and Investigate Allegations of Torture and Enforced Disappearance was established in June 2017 with the mandates to receive complaints, perform fact finding, provide assistance and remedies, and protect the rights of people affected by acts of torture or enforced disappearance.

But it just doesn’t happen.The military repeatedly rounds up individuals and spirits them away. Even if this is only for a few days, it is a practice that reeks of despotism.

Worse than enforced disappearance is extrajudicial murder. The sad case of Chaiyapoom Pasae is just one where the military, involved in the murder, conceals evidence. We probably don’t need to mention the many cases of military recruits and serving junior soldiers being beaten, tortured and killed. For the military and the junta, such things are “normal.”

The toadies then talk about the “enactment of the National Human Rights Commission Act.” The NHRC is dismissed by most observers as a now meaningless institution.

We could go on and on, but let’s just observe that the junta and its Ministry of Foreign Affairs actually condone human rights abuses and that their record is deplorable. For an accurate account of the junta’s human rights abuses in 2017, supported with numerous examples, read the HRW report.





Prem, the junta and rising criticism

22 01 2018

Brief reports state that nonagenarian Privy Council chairman and political mover-and-shaker of years gone by, Gen Prem Tinsulanonda has announced he “will not be able to attend a traditional reception party on Sunday night to mark Royal Thai Armed Forces Day for health reasons…”.

Naturally enough, reporters reckon this must be further evidence that the old man has run out of patience for Generals Prayuth Chan-ocha and Prawit Wongsuwan.

We don’t know, but are tempted to believe Lt Gen Pitsanu Phuthawong, Prem’s taxpayer-funded aide, who says Prem, “has eaten less and felt weak since early last week.” But then Prem is said to be still chairing Tuesday Privy Council meetings and he usually loves military shindigs as he bathes in his former glory.

Pretty much all the other reporting is of disenchantment – for the yellowish lot – and exasperation – for those who have opposed the junta since the coup.

The Democrat Party, with leaders who have been staunch supporters of the junta, is now regularly rolling out critics of the junta who appear to provide “advice” to the junta.

The latest is Deputy Democrat Party leader Nipit Intarasombat. He said the yellow “dream” of “reform” is now unlikely as “some key figures in the government are embroiled in scandals stemming from allegations over a lack of transparency.”

Nipit sees no way out for The Dictator who protects Prawit as his elder “brother” unless he behaves more like a politician and protects his own ass.

The failure to deal with such scandals means:

the government and the regime seem to be moving away from the path of reform as the regime begins to interact with political groups which were former allies of the Pheu Thai Party, such as politicians from the Sasomsap family who wield political influence in Nakhon Pathom province.

This is causing huge dissatisfaction among the yellow ones.

Nipit even complained that “it was strange the regime is more keen to foster ties with certain politicians than the Democrat Party, which is the chief rival of Pheu Thai.”

Despite all of this, Nipit reckons Gen Prayuth Chan-ocha will easily become an outside premier.

Nipit seems to ask for The Dictator to pay attention to his party.

Meanwhile,  Puea Thai is more critical, saying “the government now faces crises entirely of its own making which threaten its downfall.”

Party secretary-general Phumtham Wechayachai reckons the junta faces a crisis of confidence in leadership, another on its “flip-flops on the election roadmap, that it lacks transparency and another crisis over its distortion of the rule of law.

A weak and illegitimate military regime is dangerous.





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.