"We want to complain about a missing husband. He left home to join the Red Shirts and went missing." "He went missing on the day the army broke up the mob?" "No. On the day the police summoned him."
At a meeting of lawyers and jurists in Hong Kong this week a participant from Thailand identified the key issue for her country’s legal system as political control of the judiciary. Her statement was remarkable not because it revealed something that other participants didn’t already know, but because not long ago few professionals from Thailand willingly admitted that their laws and courts operate according to double standards. Now, few can deny it.
The double standards have been all too apparent this month. Following protests that forced leaders of the Association of Southeast Asian Nations and partner countries to flee from a summit venue in Pattaya, the incumbent prime minister, Abhisit Vejjajiva, imposed a state of emergency as blockades and violence spread in Bangkok. The army deployed. A court promptly issued arrest warrants for the red-shirted demonstrators’ leaders. Some were quickly rounded up and detained, while others went into hiding.
By contrast, the yellow shirts that took over Government House and two international airports for an extended period last year were allowed to stay put until the government was forced out through a court ruling on a narrow question under the army-imposed 2007 Constitution. No soldiers came to eject them. The legal process took weeks to move against the organizers. When the new prime minister was questioned on the authorities’ inactivity he disingenuously said that it was a matter for the police, not him. The criminal inquiries have been repeatedly postponed and at no time have the yellow shirts’ leaders been held in custody. One of them, businessman Sondhi Limthongkul, last week survived a shooting attack on his car.
Although the ousted Thaksin Shinawatra regime undermined the work of the upper courts, it was the 2006 military coup that brought them back firmly and openly under executive control. The coup leaders shut down a senior court, appointed a tribunal in its stead, had it go after the former premier, declared themselves immune from prosecution and proclaimed all their orders lawful. After voters re-elected Thaksin allies to the lower house of parliament (top judges are now responsible for the upper), it took two absurd legal cases against successive prime ministers for the coup-makers to finally get a government after their own heart, rather than one that the electorate wanted. The judges responsible for the verdicts included men who owed their jobs to the generals.
The double legal standards in the handling of rival political camps have done nothing to diminish the likelihood of further bloodshed and uncertainty in the near future. On the contrary, the obvious differences in how the yellow shirts and red shirts have been treated will only encourage government opponents to resort to increasingly extralegal means to get their way. Both sides and their backers have the aptitude and means for violence. Thanks to the politicizing of Thailand’s courts, now they have more appetite for it too.
Source: Thai courts’ use of legal double standards encourages extralegal means by opposition
Posted in army, constitution, courts, human rights, Jurist, military, politics, protest, rule of law, Thailand
Tagged 2007 Constitution, Abhisit, Abhisit Vejjajiva, ASEAN, Association of Southeast Asian Nations, Bangkok, Pattaya, Sondhi Limthongkul, Thaksin, Thaksin Shinawatra
As troops and antigovernment protestors clashed on Bangkok’s streets again this week, a furious battle also played out in the media over casualties. Government spokespersons and army officers insisted that bullets had not been fired into the crowds. Their opponents said the opposite.
Soldiers had at times pointed their weapons at people, and some of the red-shirted demonstrators had been shot, but there were few reliable details of who was hurt, how, where and why.
Staff at the prime minister’s office blamed Red Shirts on motorbikes for a melee with local residents that left two dead. Other sources were less certain about the identities of the protagonists, but doubtful voices were drowned out as local outlets obligingly reported the official version. Meanwhile, emailed narratives of battles around the city had it that the Red Shirts’ rivals were in some areas backing up the army, but there was no immediate evidence to support this claim either.
What all this goes to show is not which side is to blame for the street blockades and bloodshed of the last few days, but how difficult it has become to believe Thailand’s media. Since 2006, when domestic news agencies and many overseas ones fell over each other to enthuse about the army’s latest power grab, the biases of newspapers, magazines and broadcasters have become more pronounced, their coverage more partisan, and their opinion-makers seemingly more sure of themselves even as things get less certain.
In normal times, the impoverished domestic journalism which has become a hallmark of Bangkok has made following current affairs there difficult; with the city under siege and a state of emergency declared, it has made following them all but impossible. Continue reading
Posted in army, censorship, human rights, journalism, military, politics, protest, Thailand, UPI
Tagged Abhisit, Bangkok, Bangkok Post, Hiriam Johnson, PAD, People's Alliance for Democracy, Prachatai, red shirts, Shinawatra, Thaksin, UDD, United Front for Democracy against Dictatorship, Vejjajiva, yellow shirts
When Abhisit Vejjajiva slipped through the back door and into the prime minister’s seat in Thailand late last year, exiled democracy advocates from Burma welcomed him. Over a week after reports broke of the Thai navy forcing boatloads of people from Burma back into the ocean to die, they should be thinking again.
Abhisit’s maneuvering into the leadership spot – made possible only after military and royalist intrigues and the three-month illegal takeover of the offices that he now occupies – prompted lots of excited talk about nascent change in Thailand’s policies on Burma.
That was never going to happen. At no point in the last two decades has there been a meaningful shift in Bangkok’s approach to dealing with the generals to the west, neither under Abhisit’s Democrat Party or any other. There have been a few changes in style, but none in substance.
This is because the strongest ties binding Thailand’s policies on its neighbor are not from ministerial offices, but from military bases. And as the prime minister owes his job to the people that decide those policies, rather than the electorate, there is no advantage to him if he tries to do things differently.
The strength of these ties could not have been more apparent than in the handling of news that perhaps thousands of people from western Burma travelling to southern Thailand in boats have been repeatedly forced back out to sea since last December. Continue reading
Posted in army, Burma, human rights, military, Myanmar, politics, Thailand, UPI
Tagged Abhisit, Ashley South, Democrat Party, Khongpan, Kongpan, Krue Se, Manas, Manat, PAD, Pallop, Panlop, People's Alliance for Democracy, Pinmanee, Sangkhlaburi, Vejjajiva