"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
The verdict to dissolve three parties in Thailand’s coalition government and ban the prime minister and his party executives from politics for five years is the latest in a series of increasingly surreal judgments that have brought the country’s senior judiciary to the center of its political mayhem. It follows a ruling by the Constitutional Court’s predecessor last May to terminate the party of the ousted Prime Minister, Thaksin Shinawatra, from which the newly-disbanded People’s Power Party was born. It also follows another unanimous ruling from the court this September to throw out the then-Prime Minister, Samak Sundaravej, for cooking on TV.
Like the cooking show verdict, the judges this time ruled on a narrow legal question under section 237 of the 2007 Constitution. According to this clause, any member of parliament found to have committed or abetted an offense under the electoral act, or contrary to any order or announcement of the Election Commission, shall be deprived of voting rights. These offences could be minor, may change from time to time with new orders from the commission, and do not even constitute criminal acts. But anyhow, if it can be shown that the party leader or any executive member knew about the offense and failed to do anything about it, then it is mandatory that the party is dissolved and its executive banned.
Imaginary scenarios for how a similar law might apply to other professions don’t need to be stretched very far to realize the section’s absurdity. Continue reading
Posted in army, courts, crime, Jurist, military, police, politics, protest, rule of law, Thailand
Tagged 2007 Constitution, Constitution Court, Constitutional Court, Election Commission, PAD, People's Alliance for Democracy, People's Power Party, PPP, Samak, Samak Sundaravej, section 237, Shinawatra, Sundaravej, Thaksin, Thaksin Shinawatra
Two years to the month since the army in Thailand launched its latest takeover of government, the proof of its success is in the mayhem and madness on the streets of Bangkok and the utter farce to which politics there has again descended.
On the one side is a prime minister who is as much an accident of history as a denier of it, a dinosaur politician who should by now have been extinct from public life, let alone leading it; a man who at times can hardly form a coherent sentence, let alone a coherent government.
He and the gaggle of Thaksinites that gathered around him in a rebranded party for last year’s ballot were at the time cast as saviors of the masses, come to take democracy back from the generals. They may have won the vote, but the army, which quietly shelved plans for its own candidates, had in the meantime moved the playing field.
On the other side is an alliance of people united in their hatred of the ousted prime minister, and increasingly, of anybody else connected to him; an alliance motivated to oppose the elected government’s plans to amend a Constitution that a military junta forced down the country’s throat.
It is also an alliance whose foremost demand on behalf of democracy is that it wants less of it, and that too at a time that the country already has less of it than it did before the army had its way in September 2006. Half of the 150 seats in the Senate are now appointees, and how many people know who they are or how they got there, let alone what they do?
That the whole parliamentary process is at its lowest ebb since the early 1990s is exactly what the generals and their backers intended. Although the coup was aimed at removing that manager and manipulator of party politics, Thaksin Shinawatra, and dismantling his network, he was just the embodiment of the main target: the party political system itself. Continue reading
Posted in army, constitution, dictatorship, human rights, military, politics, protest, Thailand, UPI
Tagged 1997 Constitution, Black May, May 1992, PAD, PPP, Samak, Samak Sundaravej, Shinawatra, Sondhi, Sondhi Limthongkul, Thaksin, Thaksin Shinawatra
A lot of talk in Thailand these days is about the prospects for a new “war on drugs,” following on from the state-sponsored murders of people supposedly buying and selling amphetamines in 2003.
Although only a few killings have so far been reported in the weeks following the current prime minister’s and interior minister’s announcements that the war would resume, their enthusiasm for its methods does not seem to have been dampened by its manifest lack of success.
There is persistent argument about the numbers of persons killed and circumstances under which they died last time around. As there were few criminal inquiries and the scale of earlier killings was far beyond the capacity of human rights groups and the media to document fully, it is difficult to speak with certainty about what happened nationwide.
Instead, a better way to understand the mechanics of the “war” is to recall specific cases. In the last week or so a newspaper in Bangkok has been doing just this, publishing accounts of the dead and their relatives, such as that of Somjit Kayandee, who was shot in front of her family after visiting the local police station, and that of six northern men killed together in a pickup truck on their way home from an anti-drug meeting.
Another story published is that of Saman Thongdee, in 2003 a 47-year-old living with his partner of over twenty years, Charuayporn, and their two children in the big northwestern town of Tak.
Seven years earlier, Saman had been accused of dealing in drugs while working as a schoolteacher. He was transferred to an office job and had been investigated but let off. He had kept working in the new post.
But at dusk on April 9 of that year, a black sedan pulled up outside Saman’s house. At least two of its occupants shot him dead with pistols before driving away. Continue reading
Posted in crime, extrajudicial killing, human rights, police, rule of law, Thailand, UPI
Tagged Charuayporn, Department of Special Investigation, DSI, Justice Ministry, National Human Rights Commission, NHRC, Saman, Saman Thongdee, Somjit, Somjit Kayandee, Tak, Thaksin, Thaksin Shinawatra, war on drugs
It has been four years since Somchai Neelaphaijit disappeared; four long years of heartbreak for his family, four years of unanswered questions.
Somchai did not disappear by accident, but by force. Yet despite wide publicity and persistent efforts to hold the culprits to account, Thailand’s criminal justice system has utterly failed a person who in life had not failed it.
Somchai was a lawyer with a keen sense of justice, and a good one at that. He took on cases that others wouldn’t touch, cases that didn’t earn him any friends in high places. He successfully defended accused terrorists and separatists. He set up a free legal aid service and received a national award in acknowledgement of his work.
Prior to disappearing, Somchai met with five young men in police custody who said that they had been tortured. According to letters that he prepared on their behalf, they had been kicked, electrocuted and urinated upon. One had been hanged from the hook of a toilet door and hit on the head with a lump of wood.
On March 11, 2004 Somchai publicly accused the police of torture and said that he would take the case to the highest levels. Coming from him, this was no idle warning. Someone took it seriously. Continue reading
Posted in courts, crime, disappearance, human rights, police, rule of law, Thailand, torture, UPI
Tagged Amornvivat, Amornwiwat, Crime Suppression Division, CSD, Department of Special Investigation, DSI, Neelaphaijit, Shinawatra, Sombat, Sombat Amornvivat, Sombat Amornwiwat, Somchai, Somchai Neelaphaijit, Thaksin, Thaksin Shinawatra, Tourist Police
“Several times over the past 15 months Thaksin has vowed that he has no future in politics. It is hard to take his undertakings seriously. As my colleague at the ANU, Peter Jackson, wrote a few years ago, Thai public life operates according to a ‘regime of images‘ whereby there is no necessary correspondence between public stances and private manoeuvres. What counts in public is that the right thing is said at the right time. As usual, Thaksin is working the public imagery cleverly. He can afford to bide his time and present himself as a loyal servant returning to his beloved homeland. Of course, when the time comes for Thaksin to take on a more formal political role there will be those that protest about his dishonesty given his previous promises of retirement. But their charges will have little traction in the court of public opinion. That’s how the ‘regime of images’ works.”
– Andrew Walker, The return of the king, New Mandala
Interview with Samak Sundaravej, Prime Minister of Thailand
101 East, Al Jazeera, 9 February 2008
Your predecessor, Thaksin Shinawatra, was criticised for a pretty brutal campaign against Muslim fighters in southern Thailand. Many people who were innocent were caught up in that violence. Do you support his policies in southern Thailand?
Actually, he doesn’t mention any policy. The wrong that he committed, somebody says that… ahh… he says that it… ahh… it’s not quite so important mandate, and that’s all. That is what he mentioned.
But if we refer to Tak Bai, the Tak Bai incident, when many young Muslim men were beaten and rounded up and their bodies were stacked into trucks, many of them suffocated and died…
At Tak Bai.
Tak Bai? Ohh… You have heard about that incident? Did you? Continue reading
Posted in army, courts, extrajudicial killing, human rights, human rights groups, military, politics, rule of law, Thailand
Tagged 101 East, 6 October 1976, 6 Tula, Al Jazeera, Aljazeera, Bangkok, Chirmsak, Krue Se, Samak, Samak Sundaravej, Sanam Luang, Shinawatra, Sundaravej, Tak Bai, Thaksin Shinawatra, Thammasat, Thaskin