Updated: Court battle gains some heat

27 04 2013

A few days ago, PPT wrote that we were heartened that the politicized judges at the royalist Constitutional Court were being challenged. Then we noted that these judges deserved to be challenged for their political bias, corruption and, above all, for their seeming inability to comprehend the wording of the constitution they are meant to rule on. Repeatedly, this set of judges have delivered rulings based on their interpretation of what they believe the royalist-military junta and government would have preferred but didn’t actually write into their constitution.

It now seems that the battle with the kangaroo court is heating up. At The Nation it is reported that the government’s “Pheu Thai Party is planning to hold 10 major rallies … in a move to seek public support for its bid to amend the Constitution and push through the Amnesty Bill.” The focus on the bid to change the constitution is a direct challenge to the Constitutional Court. The first rally was due to be held today in Udon Thani followed by another in Khon Kaen tomorrow.

Meanwhile, a red shirt protest has been underway for several days, challenging the judges. The Nation reports that these red shirts have been calling for the judges to quit. So this group is calling for impeachment and seeking to have the “Budget Bureau stop paying their salaries.” These red shirts “vowed to continue protesting to pressure the judges to quit or have them find another way out.” There were some minor clashes when some of the red shirts sought to enter the Court’s grounds.

Constitution Court judge Jarun Pukdithanakul opined: “I do not know what is wrong with our country. It is as if boxers are battling referees.” This is the same Jaran who filed a libel case against red shirt leader Jatuporn Promphan and who defended the corruption in the Court shown in leaked videos, with him as one of the allegedly corrupt judges. Rather than boxers fighting the referees, the analogy might be that the referees are delivering decisions that have no relationship to the rules, selecting victors according to the bribes they have received.

And when “Democrat Party leader Abhisit Vejjajiva has given a moral support to the Constitutional Court judges, urging them not to be perturbed by the protest,” the politicization of the judges is readily apparent.

Constitutional Court president Wasan Soypisudh, who has featured at PPT for comments that are silly, stupid and always biased, has had the rally recorded and, according to The Nation, has had the Court file “a police complaint against the four red shirts who have been leading the rally outside the court complex, accusing them of defamation and inciting unrest.” The court has accused four red shirt leaders “of violating Articles 136 of the Penal Code in the speeches they delivered in front of some 200 red-shirt demonstrators.”

At the same time, Democrat Party MP Watchara Petthong has “written to Prime Minister Yingluck Shinawatra asking her to provide 24-hour protection for the judges. He said the protection was necessary because the protesters threatened to harm the judges and burn down the courts.”

Finally, and also at The Nation, Ukrit Mongkolnavin, chairman of the Independent National Rule of Law Commission, has “urged the Constitutional Court judges to review their role in order to avoid a political crisis and also called on the red shirts to not opt for violence in their campaign to remove the court’s judges.”

Interestingly, Ukrit said “his commission agreed that the judges’ decision went beyond their jurisdiction.”

Parinya Thewanarumitkul of Thammasat University’s Faculty of Law, said “the judges should review their ruling on provision 291 of the charter amendment by going beyond their authority as indicated in the Constitution.”

Proving that it is not just judges who are dumb, “red-shirt leader Pongpisit Kongsena, who is spearheading a campaign to oust the Constitutional Court judges, said the group would file a complaint with the police, accusing former Constitutional Court president Chat Chonlaworn of lese majeste.” Using lese majeste is simply a stupidity that deserves to be hosed out like horse manure. It directs attention away from the issue.

Update: According to a report in the Bangkok Post, the four red shirts who have been defamation and inciting unrest are fighting back, urging civil disobedience and citing the Court’s lack of legitimacy, while urging a “capture” of the judges in “citizen’s arrests.” The heat is on high.

Amnesty (again)

25 01 2013

A short report in The Nation states that the “National Rule of Law Commission (NRLC) has called on MPs and Senators to table a bill in Parliament that pardons those involved in political rallies between September 19, 2006 to May 10, 2011.”

Its chairman Ukrit Mongkolnavin “issued a statement saying that the six-Article bill aims to bring peace and unity back to the deeply divided Thai society.” This somewhat narrow bill – covering just some actions during political rallying – has been opposed by the Democrat Party. Its whip Jurin Laksanavisit predictably states: “I believe the country will be in a turmoil when this bill is passed into law…”.

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