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Thai Politics Updates

July 2012

Tension rose continuously during the month of July, until the verdict of the Constitution

Court on the constitutionality of the charter amendment process was finally delivered on June

13. It was feared that a verdict of unconstitutionality would lead to the Pheua Thai party

being dissolved, triggering renewed violence. Tension was eased when the Constitution Court

dismissed the complaints that the article 291 amendment constituted an attempt to overthrow

the monarchy, while the government backed down and decided to postpone the third reading

of the article 291 amendment (on rules governing constitutional revision) until the next

parliamentary session.

I. Foreign affairs

Thai-American relations

The saga on the US request for the use of U-Tapao airport continued this month. At the end

of June, the Cabinet passed a resolution to organize a consultative parliamentary debate on

the subject, which is to be held at the next parliamentary session starting on August 1. The

government eventually decided to arrange the debate on the matter after very vocal

opposition to the project from government opponents, notably the Democrat Party, which

insisted that the project fell under Constitution Section 190 on agreements affecting

Thailand’s sovereignty, and thus required parliamentary approval. Among other criticisms

voiced were concerns that the project would be cover for American spying in the region

(presumably on China), that Thai national security could be jeopardized, and that the Chinese

government would be upset at Thailand hosting the project (PAD spokesman Panthep

Pongpuapan reportedly asserted that the project could be cover for testing of American

weapons that use electromagnetic waves to cause earthquakes, possibly implying that the US

caused the earthquakes that struck Asian countries in recent years). Nasa had announced on

June 29 that it cancelled its science mission planned for September-October, because of the

delay in getting necessary approvals by regional authorities to support the mission.(The

Nation, 29/06/12), reportedly officialized in September 2010 through the signature of a joint

statement between NASA and the Thai Sciences, Technology and Environment Ministry

Geo-Informatics and Space Technology Development Agency (GISTDA).

According to media reports, Thitinan Pongsudhirak, director of Chulalongkorn University's

Institute of Security and International Studies, said he had learned from a high-ranking

American official that US President Barack Obama had cancelled his plan for a trip to

Thailand after his participation in the East Asian Summit in Cambodia in November. He

pointed to a possible connection between the president's decision and the delay in Thailand's

approval for the Nasa project, leading to its cancellation. The academic said the cancellation

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of Obama's trip would adversely affect Thai-US relations and cooperation. Thai Ambassador

to the US Chaiyong Satjipanon said there was no official announcement yet as to whether

Obama would cancel his trip to Thailand. (Bangkok Post, 30.06.12). Pheu Thai party

members denounced the cancellation of the science mission, notably Parliament President

Somsak Kiartsuranon and Foreign Minister Surapong Towichukchaikul who vowed to file a

lawsuit against the Democrat Party for its failure to bring the project for consideration by

Parliament when it was in power in 2010. The Democrat Party reportedly responded that the

joint statement signed by Nasa and GISTDA when the Democrats were in power was not

linked to the current project proposed by Nasa (The Nation, 29/06/2012) and accused the

government of having a hidden agenda of seeking a US visa for Thaksin in exchange for

allowing NASA to conduct its study on Thai soil.

Prime Minister trip to Europe (France and Germany)

Yingluck Shinawatra paid an official visit to France and Germany between 19-20 July 2012.

In France, she met with French President Francois Hollande (PS) and Prime Minister Jean-

Marc Ayrault (PS). The latter hailed Thailand for "again finding the road to democracy and

stability after a period of tensions" (The Nation, 22/07/12). French President Francois

Hollande mentioned Thailand’s recent "commitments in favour of democracy and freedom"

as they met in Paris on July 20 (AFP, 20/07/12).They agreed to "diversify economic

relations" and discussed political, educational and cultural cooperation, (Office of the Elysee,

20/07/12), to boost military ties and said their defence ministries would sign a cooperation

agreement. In Germany she met with Chancellor Angela Merkel (CDU). They also agreed to

boost bilateral relations, especially with regard to technical assistance and exchange of

expertise.

Preah Vihear and Thai-Cambodian relations

Thailand and Cambodia performed a pantomime of withdrawing soldiers from the disputed

area near Preah Vihear temple. Thailand complained that Cambodia was leaving soldiers in

the area disguised as civilians or police. For its part, Thailand deployed up to four companies

of Border Patrol Police (actually paramilitary security forces). Kittisak Ponpai, head of a

group calling itself Power of the Land, declared that members would rally in Si Sa ket to

protest the troop withdrawal, insisting that the area is Thai territory and adding that Thailand

does not have to follow the order of the International Court of Justice (which ordered both

Thailand and Cambodia to withdraw soldiers). After the supposed withdrawal, Supreme

Commander Gen Thanasak Patimapakorn said that Indonesian observers may no longer be

needed at the disputed territory because the border situation has stabilized. Meanwhile, the

director of the Defence Ministry’s Policy and Planning Office, Gen Nipat Thonglek, has

appealed to the public to send in photographs of the fences erected at Preah Vihear by Thai

authorities in 1962 in response to the original ICJ ruling on the territory; Nipat said that the

fences were put up in compliance with the ICJ ruling, 20 meters from the temple stairs on the

north side of the complex and 100 meters from the building on the west side, and that the

photos would prove Cambodia’s acceptance of those boundaries. The ICJ is expected to rule

on Cambodia’s request for interpretation in September of October 2013. Despite all this,

Thai-Cambodia government to government relations appear to remain calm and amiable.

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II. Domestic politics

Constitution Court and the Charter amendment process

In the midst of heavy pressure exerted by both yellow and red-shirts upon Constitution Court

judges, the Constitution Court processed with the cases about the constitutionality of the

amendment of Article 291, which it accepted last month for consideration.

Five complaints were filed questioning if the charter rewrite proponents might have violated

article 68 of the Constitution, dealing with misuse of constitutional rights and freedoms to try

overthrow democracy with the King as head of state. The five complainants are Gen Somjet

Boonthanom, Wanchongchai Chamnankij, Vierat Kalayasiri, Warin Thiamcharas and Bovorn

Yasinthorn. Another complaint was filed by yellow shirt Chamlong Srimuang.

As for the five complaints about the article 68, the Constitution Court set hearings on 5th

and

6th

July and approved a list of 15 witnesses on both the defendants and accusation side.

Witnesses on the accusers’ side are members of the drafting assemblies for the last two

constitutions - 1997 and the current charter, as well as opposition and Democrat Party leader

Abhisit Vejjajiva. The defendants chose four witnesses including Pheu Thai leader Yongyuth

Wichaidit, Pheu Thai secretary-general Jarupong Ruangsuwan, former constitution drafting

assembly member Bokin Palakula, and House of Representatives secretary-general Pitoon

Pumhirun, and later added two other witnesses, former senator Kanin Boonsuwan and

Udomdej Rattanasathien. Nattawut questioned the credibility of the witnesses, saying they

are those who tried to overthrow the power of the people and joined the Democrat Party's

political rally.(Bangkok Post, 08/07/12)

As for the petition, the Constitution Court ordered the 416 lawmakers and cabinet ministers

who voted in support of charter amendment drafts to justify their decision, including 305

government MPs, 75 senators, cabinet members and the House speaker. They were given 15

days to submit their statements.

It was widely discussed at the end of June whether the court had authority to accept such a

petition directly. Indeed, article 68 states ―No person shall exercise the rights and liberties

prescribed in the Constitution to overthrow the democratic regime of government with the

King as Head of State under this Constitution or to acquire the power to rule the country by

any means which is not in accordance with the modes provided in this Constitution.

In the case where a person or a political party has committed the act under paragraph

one, the person knowing of such act shall have the right to request the Prosecutor

[Attorney General] to investigate its facts and submit a motion to the Constitutional

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Court for ordering cessation of such act without, however, prejudice to the institutions of a

criminal action against such person.‖

However, judges of the Constitution Court have argued in various places that this article

should have been interpreted as ―In the case where a person or a political party has committed

the act under paragraph one, the person knowing of such act shall have the right to request the

Prosecutor [Attorney General] and/or to investigate its facts and submit a motion to the

Constitutional Court for ordering cessation of such act‖

Look at the information in the following link—it may be worth mentioning in the context of

the court’s claim that it could accept the petitions directly.

http://asiancorrespondent.com/84027/why-has-the-thai-constitution-court-changed-its-

interpretation-of-the-law/

The following questions remain unanswered: 1- Can a coalition of MPs from various parties

in the exercise of parliamentary powers be considered ―a person or political party‖? and 2-

Can the MPs in parliament be considered as exercising rights and liberties, or are they

performing duties ?‖

On the website of the Constitution Court it is stated that only the Attorney General can file a

motion to the Constitution Court (www.constitutionalcourt.org.th, cf Asian Correspondent,

06/06/2012). Anyway, extreme tensions were feared in the lead up to the verdict as a decision

of unconstitutionality would allow the Constitution Court to dissolve the Pheua Thai, the

coalition parties and to ban their executive committee members for 5 years – (NB: Yingluck

Shinawatra is not on the Pheua Thai executive committee—a tactical decision likely made to

avoid just this sort of danger).

In June, after the Constitution Court decided to accept the petitions directly, the Office of the

Attorney General reportedly formally announced that it had considered the petitions and

deemed them groundless, so it was not forwarding them to the Constitution Court (which

would have ended the matter had the previously-established petitioning procedure been

followed).

In the lead-up to the verdict, Yingluck called on the Constitution Court to "make the

judgment fairly and base their decision on facts" (The Nation, 03/07/12) and Thaksin to

accept the Court’s ruling (The Nation, 04/07/12). Thaksin’s instruction not to fight the

Constitution Court was discussed after a controversial clip was released featuring a

conversation between Somsak Kiatsuranond and red – shirts, allegedly shot during Somsak’s

birthday party in Petchabun province on June 27, in which Somsak reportedly explains that

the Pheua Thai Party's decision to back away from the vote on the third reading of the charter

amendment bill was Thaksin’s strategy to safeguard Prime Minister Yingluck Shinawatra.

Abhisit Vejjajiya said the clip was a proof that Thaksin directed the operations from abroad.

(Bangkok Post, 5/06/12) Meanwhile, red-shirts called for the Constitution Court judges to

resign. UDD leader Tida Tavornseth said that red-shirts will take to the streets in huge

numbers if the Constitution Court judges do not resign, no matter what their ruling is on the

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charter amendment bill, because they lack the legitimacy to remain in their positions

(Bangkok Post, 06/07/12).

Finally, on the 13th

of July 2012, the Constitution Court judges voted 7 to 1 to dismiss the

petition for lack of supporting evidence. (One of the judges, Jarun Pukditanakul, a 2007

Constitution drafter who campaigned for its approval by referendum, withdrew from the

panel after a lawyer for the bill's supporters said during testimony on 5 July that Jarun’s

presence was inadequate because he had earlier urged people to vote in support of the 2007

charter arguing that it could be changed later on).

In its press release on 13/07/12, the court addressed four points.

- First, the judges ruled 7:1 that the court had the authority to accept the petitions concerning

Section 68 threats to democracy and the monarchy directly rather than through the Office of

the Attorney General, and even in the face of the OAG’s refusal to forward petitions, because

if the court waited, it would be too late to stop a threat to democracy or the monarchy.

- On the second point, whether parliament can abolish the constitution in its entirety and write

a new one, the eight judges ruled unanimously that it is illogical for organizations established

under the constitution to be able to abolish that constitution, and that since the 2007

Constitution was endorsed by referendum, if the government seeks to create a drafting

assembly to write a new constitution, the government should first hold a referendum to see if

the public endorses the attempt; otherwise parliament could amend particular sections of the

constitution in isolation, in accordance with Section 291.

- On the third point, whether the amendment bid amounts to an attempt to overthrow

constitutional monarchy and seize state power by unconstitutional means, the judges were

unanimous in saying that the complainants did not provide sufficient evidence to prove this

accusation, adding that various legal mechanisms remain to prevent such usurpation should it

be attempted.

- On the final point, whether to Pheu Thai Party should be dissolved for the attempted

amendment, the court said that since the amendment was not shown to be an attempt at

overthrowing constitutional monarchy, there was no need to consider this issue.

To sum up, on the argument whether the charter amendment bill could be seen as intended to

abolish the country's democratic administration and the constitutional monarchy, the court

ruled that the proposed amendment to Section 291 to set up a constitution drafting assembly

cannot be taken as having such an intention. The court also ruled that if the constitution is

to be rewritten in its entirety there should be a public referendum because the 2007

Constitution was endorsed by referendum.

Reactions were mixed in the ―red‖ camp. Chaturon Chaisaeng suggested Pheua Thai MPs

first amend charter sections regarding the Constitution Court to limit its powers and prevent it

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from using the ruling as a precedent to directly receive future complaints made under Section

68 (Bangkok Post, 15 July 2012) .The next day, the enlightened jurists of Nittirat group held

a press conference calling for the dissolution of the Constitution Court, which they saw as

having over-reached its power in intervening in charter amendment procedures, the assigned

role of the legislature. They called for a new panel of judges to be formed to replace the

Constitution Court. They also proposed to establish an appointment process that would

provide for more linkage between the people and the judges. They proposed that 2 judges be

nominated by the Upper House, 3 by the Lower House and 3 by the Cabinet. Constitution

Court judges should not have held official positions in any organizations created by the 2006

temporary constitution. Each political party should also be able to appoint a judge to sit on

the panel.

Somrit Chaiyawong, spokesman for the Constitution Court, later confirmed that the court's

suggestion of a referendum had been a recommendation, not an order. Parliament has the

right to consider whether to proceed immediately with the third reading of the bill to amend

Section 291 of the constitution, he said. Debates about whether to go ahead on the third

reading of the bill or not however did not last very long, and it was finally decided to

postpone the bill to the next parliamentary session, starting on August 1.

Charter amendment content

This month, amidst the political saga with the Constitution Court and the amendment process,

there was little room in the media for public debate on the content of the charter rewrite.

However, two set of proposals, by Pheua Thai MP Watana Muangsook and Deputy Prime

Minister Chalerm Yubamrung deserve to be mentioned. Both proposed that the Constitution

be revised on an article-by-article basis after the Constitution Court suggested that in case of

an overhaul of the Charter, a referendum be held first. (cf. supra)

Deputy Prime Minister Chalerm Yubamrung made 5 proposals: (1) all senators must be

elected; (2) the Ombudsmen must be dissolved; (3) the Constitution Court and the

Administrative Court must be merged into a department under the Supreme Court (4) the

Election Commission should only have the duty to manage elections, and should not issue red

and yellow cards (5) members of the Election Commission and the National Anti Corruption

must be selected by the House and sit a four year term.

Pheua Thai MP Watana Muangsook proposed 7 points for consideration: (1) improve the

checks and balances on the judicial branch; (2) revise article 67, which currently puts

communities' interests over the public interest; (3) revise article 190, which requires

parliamentary consideration before the government makes an agreement with a foreign

country; (4) revise article 237 on political party dissolutions; the subjecting of independent

agencies to scrutiny; (5) elect all senators and (6) revise article 309, which legitimises the

coup-makers. (The Nation, 25/07.12)

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The election of senators is a consensus among Pheua Thai party members. ―If senators are

only in charge of screening legislation, they do not need to be elected. But if they are

empowered to impeach anyone, they must be elected‖ (Wattana Muangsook, Bangkok Post,

25/07/12)

National reconciliation

Linked to charter change are the issue of national reconciliation (and the possibility of

amnesties) and the controversial character of Thaksin Shinawatra. Thaksin’s speeches are

increasingly ambiguous about the question of reconciliation . On July 17, in an interview with

Channel News Asia, he declared ―I forgive everyone. Don’t worry that they might you know,

insult me with verbal, or with legal, or whatever. I forgive them all. I just want to be part of

Thai society. I want to live my normal life. (…) I can go everywhere in the world, except my

homeland. Why? I should be able to go to my homeland, my motherland. But now every

country welcomes me, except my motherland," (Channel News Asia, 18/07/12) He also

renewed his calls for a highly-controversial amnesty, already expressed in a phone in on May

19, 2012 "I want to see reconciliation. I want to see peace and unity in Thailand. I will bring

my people and come together with those who are against me and then we will do something.‖

Thaksin’s birthday in Hong Kong

Thaksin turned 63 on July 26. On this occasion, he invited his supporters to join him for

celebrations in Hong Kong. He made a phone-in to the Pheua Thai headquarters in Bangkok

and sent 64,000 doughnuts to friends, including reporters. Pol Gen Priewpan, national chief

police officer, and brother of Thaksin’s ex-wife, made the trip to Hong Kong to visit the

convicted-to-two-year-jail-sentence ex-Premier. This move was widely criticized. Abhisit

Vejjajiya, former Prime Minister and Democrat party leader, reportedly declared "How can it

be that a national police chief travels to meet a fugitive?" (Bangkok Post, 26/07/12). Some

opponents spoke of seeking to charge Priewpan with dereliction of duty or malfeasance for

failing to arrest Thaksin, but supporters argued that Thailand’s national police chief has no

legal duties in Hong Kong, and besides, Priewpan took leave for the trip.

Appointments

Policy adviser

Pansak Winyarat, a former adviser to ousted prime minister Thaksin Shinawatra, has been

appointed chief policy adviser to Prime Minister Yingluck Shinawatra, In the words of the

US Embassy, Pansak is Thaksin’s Oracle.* According to the government spokesman, PM’s

chief policy adviser is responsible for giving advice and making recommendations to the

prime minister regarding policies on the economy, public health, social affairs, culture,

environment, foreign affairs, legal reforms for development, and administration of justice

affairs. (for more info, see http://asiancorrespondent.com/85274/the-oracle-returns-to-

become-chief-policy-adviser-to-yingluck/)

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Department of Special Investigation

The Cabinet on the 30th

of July approved the Justice Ministry's appointment of new nine

specialised committee members in the Department of Special Investigation (DSI) Special

Case Committee. Committee members to replace their predecessors from September 7 are;

Kraisorn Barameeauychai (law and justice administration); Chaikasem Nitisiri (law and

criminal code procedure); Narinpong Jinapak (law, liberty and freedom protection); Pradit

Ekmanee (law and justice process); Montri Sokhatiyanurak (economics and finance and

banking); Mahidol Jantharangkul (finance and banking and IT); Rewat Wisarutwet MD

(medicine and public health); Pol Lt General Suchart Muankaew (criminal case investigation

procedure) and Anuporn Arunrat (law and international trades).

Court cases

- Investigation into the April May 2010 riots

The DSI chief Tharit pengdit announced on July 9 the theft and arson at the CentralWorld

department store during the red-shirts street protests of the United Front for Democracy

against Dictatorship (UDD) during April-May 2010 were not the actions of mysterious ―men

in black‖ as claimed by Suthep Thaugsuban, ex-Deputy Prime Minister. So far nine people

have been charged in connection to the incident: five unidentified men, two male minors and

two men, Saichon Phaebua and Phinit Channarong. The two minors and Mr Phinit face

additional charges of theft at the shopping centre, along with six others.

- Possible Bail revocation for UDD leaders

Questions on whether the attitudes of core red-shirt leaders during the lead up to the

Constitutional Court’s verdict were in breach of their bail conditions were taken up by the

Criminal Court for consideration. Most of the red-shirts are still free under bail, since they

were arrested in May 2010. However, those red-shirts who also have an MP seat are

protected from detentions since they have parliamentary immunity. The first to be summoned

was Korkaew Pikungthong.

Later in the month, the Office of the Constitution Court filed six separate police complaints

naming some 81 red shirts as suspects on charges related to offending and intimidating the

high court in connection with the verdict on the charter-amendment bill. Court spokesman

Somrit Chaiwong reportedly said that "The filing of complaints is the only way to shield the

judiciary against intimidation," (The Nation, 31/07/12)

1-red-shirt leader Yotwarit Chooklom, aka Jeng Dokjik, was named for allegedly offending

the high court's judges in the line of duty as per Articles 136 and 198 of the Criminal Code.

He is also charged with intimidation by inciting fear as per Article 392 of the Criminal Code.

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2-red-shirt leader and Pheu Thai MP Kokaew Pikulthong is named for coercion by

threatening the use of force in order to obstruct judicial review. His alleged violations fall

under Articles 139, 140, 198 and 292.

3- Pheu Thai MP and red supporter Prasit Chaisrisa. The charges are based on Articles 136

and 198.

4-red-shirt Anurak Jentawanit is named for allegedly fabricating charges against the judges

in connection with his police complaint filed on July 5. The charges against him are based on

Articles 172, 173 and 174.

5- 26 red shirts face fabrication charges as per Articles 172, 173 and 174 after filing a

complaint against the judges at Khu Khot police station, Pathum Thani, on July 14.

6-red ally Wuthipong Kotchathamkhun and some 50 unidentified red shirts have been named

as suspects for offending the judges in the line of duty. Their charges, based on Articles 83,

136 and 198, stemmed from protest activities at the high court building on July 16.

Prosecutors were supposed to announce on 4 July whether they would indict several core

People’s Alliance for Democracy leaders in connection with the 2008 seizure of Government

House, the 2008 occupation of Suvarnabhumi and Don Muang airports, and alleged

defamation against Thaksin Shinawatra and Newin Chidchob; instead, prosecutors announced

they are deferring a decision until 23 August because the cases must be thoroughly examined.

- Corruption

The Supreme Court on July 23 fined Rak Thailand Party leader Chuwit Kamolvisit Bt2.4

million for expanding a massage parlour without a building permit 10 years ago.

- Abuse of power

The Criminal Court on 25th

of July sentenced former chief ombudsman Teeradej Meepian to

two years in jail, suspended for two years, for wrongfully awarding himself and his

immediate staff monthly meeting allowances while he was in office. He was immediately

disqualified from his current position as senate speaker, but not from being an ordinary

senator. Former ombudsman Poolsap Piya-anant received the same suspended sentence as

Gen Teeradej.Pramote Chotemongkol, former secretary-general of the Office of the

Ombudsman and a current ombudsman, was sentenced to one year and four months in jail,

suspended for two years. (Bangkok Post, 25/07/12)

- Lèse majesté

The charges against Chotisak Onsoon for refusing to stand during royal anthem at a cinema

in 2007 were dropped the last week of July. ―Chotisak's refusal to heed the royal anthem

cannot be construed as a royal insult as per Article 112 of the Criminal Code," chief

prosecutor Visit Sukyukol in charge of the case (The Nation, 20/07/12)

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Joe Gordon, the Thai-born American citizen who was arrested in May 2011 and subsequently

convicted on lese majeste charges for posting translated excerpts of The King Never Smiles

on the internet, was granted a royal pardon and freed; the media lost track of him upon his

release, and he may have returned to the United States.

Thitinant Kaewchantranont, a 63-year-old New Zealand-resident Thai woman was apparently

arrested, a and detained for psychiatric evaluation after making a rude gesture towards an

image of the King outside the Constitution Court. Thitinant had been scheduled to depart

Suvarnabhumi airport for New Zealand, but about 200 people picketed outside the airport in

protest. She did not appear to try board the flight but police say that had she attempted to

leave she would have been prevented from doing so; a THAI Airways source claimed that the

airplane’s captain had vowed to refuse to take off with Thitinant on board. Reports have

asserted that Thitinant has a history of mental illness.

A vendor, Ekachai Hongkangwan, is on trial for lese majeste after being arrested in March

2011 for possessing 70 CDs that contained a recording of a segment from Australian

Broadcast Corporation’s Foreign Correspondent programme, which in turn included footage

from a private video of the Crown Prince. Ekachai’s defense lawyer reportedly attempted to

address the veracity of the facts that are deemed defamatory, but one of the presiding judges

declared that it is irrelevant whether the details on the recordings are true or not, highlighting

that truth is not a defence in lese majeste. Another source (Political Prisoners in Thailand

website) has reported that the judges have not actually allowed presentation of the evidence

in courtroom, saying that the matter is delicate and care must be taken; the article asserted

that the reason for this is that the footage was produced by persons close to the royal family

and is damning of them, especially the Crown Prince. The defence has also reportedly

approached ABC for some form of help or supporting statements, but ABC has reportedly

rejected the request, saying the program was made for an Australian audience and Ekachai’s

use of it violates ABC’s copyright, so ABC will not provide any statements, and there should

be no need for the defence to contact ABC again.

-Detention conditions

A support network for people affected by the use of the lese majeste law was launched on

5/08/12. Their main demands include the right to health care, the right to bail and the right to

be free from torture for all the remaining detainees. The network was launched at the Foreign

Correspondents Club of Thailand by 10 representatives under the leadership of Sukunya

Prueksakasemsuk, whose husband Somyot was arrested on April 30, 2011 on lèse majesté

charges. Core representatives also included Pranee Danwattananusorn, whose

husband Surachai was sentenced for lese majeste in February 2012, and Keechiang

Thaweewarodomkul, whose son Thantawut was also condemned for lese majeste. However,

it was reportedly said that since the death in May 2012 of Akong, sentenced to 20 years in jail

for lese majeste, lese majeste detainees experiencing health problems were being given

access to treatment, like Daranee Charncherngsilapakul, and Surachai Danwattananusorn.

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The October 1976 Network,composed of relatives of victims of the 1976 bloodshed,

reportedly announced it would support the lese majeste network.

-Human rights: Death penalty to fight against impunity

On the 30th

of July, the Criminal Court declared five former Kalasin-based policemen guilty

for their involvement in the extrajudicial killing of a 17-year-old boy in 2004. Three of them

were sentenced to death, another to life imprisonment, and the other to seven years in jail.

Three police senior sergeant majors. the deputy superintendent of Muang Kalasin station at

the time of the murder as well as his supervisor, the former superintendent of Muang Kalasin

Police, was found guilty of trying to help his subordinates cover up the crime.

The victim’s family lodged a complaint shortly after their son’s death, despite intimidations

from the police officers/perpetrators.

It is one of the first prosecutions of policemen involved in extra- judicial killings during

Thaksin’s highly controversial "War on drugs" which caused 2,500 deaths. This verdict can

be hailed as a breakthrough towards the end of impunity in the Deep South and the

advancement of human rights in Thailand, however, the choice of the death penalty, whose

principles contravene basic human rights, seems to invalidate this hypothesis. (at the

beginning of August, all five were released on bail)

Southern insurgency

This month witnessed an apparent escalation of violence in the three southernmost provinces

of Thailand; Thai security officials said that insurgents were stepping up their activities

coinciding with the beginning of the Ramadan fast.

III. Economy and society

Policy implementation: Flood prevention

Amidst suspicions of funds mismanagement, the National Anti-Corruption Commission

(NACC) affirmed its willingness to closely monitor implementation of the government's

multi-billion-baht flood prevention projects. Vicha Mahakun, a member of the NACC, said it

will form a committee to keep watch on the projects implementation as well as a bidding

process to deter corruption. One controversial bidding condition is that the bidders must have

a proven record of having undertaken a project worth about 30 billion baht, which was seen

as unreachable for many Thai companies. By the end of the month, corruption had been

uncovered in several irrigation projects in Chiang Mai and Mae Hong Son provinces,

according to the Office of the Public Sector Anti-Corruption Commission (PACC). (Bangkok

Post, 30/07/12)

Policy implementation: Enforcement of law on natural parks

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A national park was stormed by 3,300 armed forestry representatives to destroyed nine

resorts that authorities claim encroached on the forest reserve of Thap Lan National Park,

Nakhon Ratchasima province. (Bangkok Post, 29/07/12)

Policy implementation: Rice Pledging Program

Several observers, notably academics associated with the Thailand Development Research

Institute (TDRI), attacked the government over the rice pledging policy, under which farmers

get up to 15,000 baht per tonne for white paddy rice, and up to 20,000 baht per tonne for

jasmine hom mali rice, prices up to 40% above market prices. The government buys the rice,

and periodically auctions amounts off, but an industry observer commented that buyers are

colluding to submit bids below the government’s costs, resulting in failed sales. Thailand has

slipped from its position as the world’s largest rice exporter, and the government appears to

be stockpiling rice rather than selling right now. The Bank for Agriculture and Agricultural

Cooperatives said that Thailand has thus far spent about 258 billion baht implementing the

government’s rice mortgage policy; from 7 October 2011 to 29 February 2012, 118.4 billion

baht was reportedly spent to buy 7 million tonnes of rice from about 1.1 million farmers, and

the government expects to buy another 9.5 million tones for 139.5 billion baht between

March and September 2012. The bank has asked cabinet for an additional 10 billion baht

capital for the scheme, making a total of 60 billion baht, but cabinet refused, and ordered the

bank to separate its general business operations from the implementation of government

projects. TDRI asserted that up to 100 billion baht could be lost this year because of the

policy. Prominent economist Ammar Siamwalla asserted that the government’s rice-pledging

scheme is pro-rich, anti-poor, and very damaging, increasing the cost of living for the entire

public. He complained that the scheme is biased in favor of farmers who produce larger

amounts of rice over those who produce smaller amounts.

Public spending- Military expenditure

A controversy about the use by the Thai army of GT200 and Alpha 6 bomb detectors, re-

emerged this month after the DSI announced that, based on evidence, they are poor quality

and very costly. An investigation into the matter, which had been launched two years ago,

delivered its conclusions at the end of the month and concluded that the so-called bomb

detectors were bought by 13 state agencies, including the air force, at excessively high prices,

ranging from 500,000 to 1.6 million baht a piece. Both GT200 and Alpha 6 bomb detectors

were called useless for bomb detection by the DSI chief. (Bangkok Post, 20/07/2012)

Defence Minister Sukumpol Suwanatat (who was air force chief of staff when the air force

procured the devices) insisted the devices are effective and are still being used by bomb

demolition squads in the far South. (Bangkok Post, 20/07/2012) British investigative

journalists and subsequently Thailand’s Science and Technology Ministry have concluded

that the devices are mere dowsing rods, and do not operate on any scientifically-accepted

principles.

Student violence

13

Another case of student violence was reported this month, when three vocational college

students were shot dead and three others injured in a lethal motorcycle chase on July the 10th

in Kalasin. Lethal violence among rival schools is an endemic problem in Thailand.

Royal celebrations

Royal Boat trip to Nonthaburi

On the 7th

of July, the King, the Queen and the Princess Maha Chakri Sirindhorn, embarked

on a boat trip to Koh Kret in Nonthaburi. The Royal Family journeyed upriver to inspect

riverside communities affected by last year's floods. It was reported that on the return

journey, the King stopped at the Royal Irrigation Department in Samsen to preside over the

launch of five royally initiated irrigation projects: Prime Minister Yingluck Shinawatra,

presented the five following projects to the King : Khundanprakarnchon dam in Nakhon

Nayok; Kwai Noi Bamrungdan dam in Phitsanulok; Lamphayang Phumpat water tunnel in

Kalasin; Thoranit Narumit floodgate in Nakhon Phanom; and Uthok Vipachprasit floodgate

in Nakhon Si Thammarat.(Bangkok Post, 07/07/12)

Celebrations: 60th

Anniversary of the Crown Prince

On 28 July 2012, merit-making ceremonies were organized throughout Thailand to pay

tribute to the Crown Prince for his 60th

anniversary. The celebrations provided an occasion

for recalling the achievements of the Crown Prince. According to the Government public

relations statement,

―His Royal Highness Crown Prince Maha Vajiralongkorn is the only son, the second

of four children, of Their Majesties the King and Queen. He was born in Bangkok

in 1952. After completing his primary education in Thailand, His Royal Highness

attended secondary school in England and then went to Australia to continue his

studies. He graduated from the famous Royal Military College, Duntroon, Australian

Capital Territory. After that, he returned to Thailand to take up his duties which,

besides serving in the Royal Army, include frequent provincial tours and representing

His Majesty the King at various functions and ceremonies. His Royal Highness was

invested as Crown Prince by His Majesty in 1972. With funds donated by the public,

he established the ―Crown Prince Hospitals‖ to serve as medical and health care

centers for people living in remote areas. By the year 1977, Crown Prince Hospitals

had been set up in 21 locations. As of the year 2011, these hospitals had become

major community hospitals providing services of international standard to the general

public.‖

Celebrations: 60th

anniversary of the Crown Prince and 80th

anniversary of the Queen

14

The Treasury Department, Ministry of Finance, is producing three types of commemorative

coins in commemoration of two special occasion: the 80th birthday of the Queen (12 August)

and the 60th birthday of the Crown Prince Maha Vajiralongkorn (28 July). Commemorative

80-baht and 100-baht banknotes are to be launched by the Bank of Thailand from 27 July

onwards.

New rules for motorcades for royal convoys

On July 27, it was reported that the King of Thailand, in a bid to help ease Bangkok's

legendary traffic jams and other inconveniences, ordered a few changes to the treatment of

royals on the roads. On July 27, authorities reportedly distributed 25,000 handbooks to police

and other officials with guidelines for directing royal convoys and new protocol for royal

appearances in public places. ―The manual overturns several practices that had quietly

irritated the public in a country where open criticism of the royal family is taboo. Among the

new rules: shopping malls do not have to shut if a royal family member shows up, and

oncoming traffic will be permitted on the road opposite a royal convoy. Palace officials said

that the revered 84-year-old King Bhumibol Adulyadej himself initiated the new guidelines‖.

(Associated Press, 27/07/12)