Court sets limits on emergency decree
19/02/2014
The Civil Court on Wednesday ruled that the government has the authority to impose the emergency decree during a critical situation, but not to the extent of using it to break up the People's Democratic Reform Committee's (PDRC) peaceful and unarmed demonstrations.
The Civil Court's ruling was south by Thaworn Senneam, a PDRC core member.
He petitioned the court to order caretaker Prime Minister Yingluck Shinawatra, CMPO director and caretaker Labour Minister Chalerm Yubamrung and CMPO deputy director and police chief Adul Saengsingkaew to lift the emergency decree imposed in Bangkok, Nonthaburi and parts of Pathum Thani and Samut Prakan provinces.
The court in its ruling said Mr Thaworn had the right to file the petition with the Civil Court.
However, the government also had the authority of impose the emergency decree, a special law enabling the administrative branch to resolve problems during a critical situation, but with discretion.
However, the court prohibited the government and the Centre for Maintaining Peace and Order (CMPO) from breaking up the People's Democratic Reform Committee's rallies and from seizing the protesters' equipment.
It cited an earlier ruling by the Constitution Court that the PDRC's rally is lawful as long as it is peaceful and without weapons.
bangkokpost.com
Originally Posted by [B]The Civil Court [/B]
https://teakdoor.com/thailand-and-asi...-si-clash.html (Thailand : Military role in Lak Si clash questioned)
Check this pic. To the casual observer , it looks like a demonstrator being kind to police. To those who know, it's his sick little joke. He's giving them 4 big buckets of popcorn. These people, if they're not actually shooting are egging the violence on.
https://www.facebook.com/photo.php?f...4161494&type=1
The PDRC's protests are clearly not peaceful or without weapons. I wonder if the court noticed that, or even if it was allowed to.
Thailand is destined to remain a 3rd World country for generations to come, since their only pretences at mimicking democracy are occasional elections and court rulings based on who rather than what.
Originally Posted by Mid
Throwing grenades at policemen, shooting them in the head, automatic weapons fired at people wanting to vote, no end of weapons found every time they clear some protesters, handguns, clubs, slingshots, various types of bombs. This entire protest at every stage is based on violence and armed intimidation, endless examples...
The legal system, as per the army who should have detained suthep and handed him over to the police today when they were having tea and sandwiches with him, are politicized and complicit in the violence.
Sooner or later the army will split and the judiciary will be purged...
Cycling should be banned!!!
Question is, though, by whom? There are no honest players anywhere in this whole sorry mess. While some are much, much worse than others I wouldn't trust any of them to put the interests of the country or the people (the same thing IMO) first.Originally Posted by Bettyboo
Presumably, the certain army group will be removed at some point. Either killed, arrested or put in inactive positions. The PADite judiciary will have to be removed. Of course, who they are replaced with is unclear. Replacing them with a pro red judiciary is no good. Really, there needs to be criminal convictions of judges such as the one recorded trying to get the dems off, as well as coup generals and the generals that murdered the Bkk reds in mass numbers. Once it's clear that these people will be held accountable then you'd hope that fear of prosecution would keep them in order.
It always comes back to the same area: accountability and transparency.
Not easy though. It's particularly awful how these stupid academics and Bkk PADites who spout about anti-corruption all day long are the group that refuse to address accountability and transparency. Groups and individuals that do speak out and attempt to raise these issues are attacked, threatened and intimidated by the army/judiciary/PADites... The LM laws must go, obviously. There are some positive voices, at Thammasat, folks from Chula that are now in England, US, etc. After the succession, you'd hope these areas can be addressed. Not easy.
[QUOTE=Bettyboo;2706718]Edited-link removed, quote inserted. Don't want to upset the thought police. What a ridiculous country.No amount of outrage at the violence and impunity of the thugs will push Yingluk or Pua Thai or the authorities into a crackdown on those committed criminal acts. Yingluk would rather do a dirty deal with Sutep and others than to mobilise the Red Shirts and the general population to fight for democracy.
That's a good article. Nothing to disagree with there.
It is important to "prevent the destruction of the democratic space"- this is why however distasteful one finds the PT it is important to respect elections, irrespective of how much "populism" figures into winning elections. "Why, we can't have democracy, it leads to too much populism!" is a bizarre notion that is anti-democratic on its face.
Last edited by robuzo; 20-02-2014 at 06:29 AM.
“You can lead a horticulture but you can’t make her think.” Dorothy Parker
Yup.Originally Posted by DrB0b
The new generation gives me hope though. They all seem to be able to read between the lines and realise that Thailand needs an overhaul in certain areas. Stopping (at least) most of the corruption and reforming the education system seem be top of the list.
The Above Post May Contain Strong Language, Flashing Lights, or Violent Scenes.
Perhaps the young policeman who had his leg blown off by the grenade should seek the courts clarification as to what actually removed his leg off then?
And also the family of the young policeman who had his head blown off by sniper bullet should seek clarification from the court as to what actually blew his brains out then?
It's quite simple- if Suthep gets his way, Thailand is going to the dogs- make contingencies. But I very much doubt that will happen, indeed. It's just too insane and suicidal, and Thailand will be an international pariah along the lines of Burma, but with considerably worse civil conflict.
More likely is the government being toppled on the back of the EC probe into the rice pledging scheme. We will have to see what is uncovered I suppose. But even then, nothing is solved- if we swap one set of kleptocrats for another, it's just back to square one- an unpopular and unrepresentative government, in limbo to be swept away at the next elections. The longer the delay, the more the pressure will be ratcheted up- and the numbers on the red side utterly dwarf those on the yellow.
The most positive proposal so far is Yinglucks neutral Reform Council, and the Dem's should get right behind it- but of course they won't, thus far they pretty much pretend the proposal doesn't even exist. We all know the reasons why too- if anything, the Dem's are a worse bunch of Klepto's than PT, and unlike PT they have the courts, bureaucracy & army (well, the top command) on their side, so they will even lack the accountability factor of PT. Just look at the last 2 Democrat administrations for evidence.
So the short term future for Thailand does not look too promising I'm afraid- certainly as an investor, I would be looking to place my smart bets elsewhere in Asean. Just too much political risk here, plus a not unrealistic risk of real civil breakdown. But always good to keep ones eye on the long term and as I've pointed out, the 'battle lines' are drawn,-
In the Red corner, Thaksin Shinawatra, the majority of the electorate in the Northeast, the North, and close to half of Bangkok; the Crown Prince; junior and middle-ranking officers in the military as well as rank-and-file soldiers (judging by the election results in the military districts); the police; the quality international media, as we’ve seen in the last few days: the BBC, CNN, The Economist, Financial Times, Wall Street Journal, New York Times, Forbes, and The Sydney Morning Herald, the quality Thai broadsheet Matichon, and its largest selling daily, Thai Rath; and rhetorically at least, the US government. There are rumours that China also favours Thaksin.
In the Blue corner, the Democrat Party — serial election losers, who, as a result of the split between the radicals (Abhisit Vejjajiva and Suthep Thaugsuban) and the moderates, are probably unelectable for a generation; the Bangkok middle and upper classes who maintain an anachronistic born-to-rule mentality; the upper- and mid-south voters; the gerontocratic “network monarchy” who appear completely out of touch with reality; the military leadership, who are politically dependent on the Palace’s patronage which, with the rumoured poor health of “certain people”, may no longer be forthcoming, the Courts; the “independent organizations”, the academics; civil servants; and the “old” Thai media (eg. free-to-air TV, Manager, Khom Chat Luek, The Nation, Bangkok Post). The Democrats’ anti-election stance has alienated Western support, and their inability to win elections means that foreign governments looking to pursue their interests in Thailand, including China, would think twice about pinning their hopes on a Democrat-led government.
The weakness of the Thai royalists
Neither PT or (even more so) the Dem's represent the future in any real sense- they are just competing patronage networks (indeed, PT when you look at it is just a breakaway from the old patronage networks). Thaksins significance is merely that he took the vote to the people- mobilised the power of the vote, if you like. But that power was mobilised to just replace one set of cronies with another, although at least with a few infrastructural and 'populist' policies thrown in as a sop. Yes, I can indeed understand why they thrash the inept Dem's at the polls- but rather than changing, ie competing, the Dem's would rather undermine or overthrow the system, thus seizing power by unconstitutional or antidemocratic means. So frankly they, or rather their power base, is even more at the root of this cancer than PT.
But there will only be one winner in the long term, it is quite obvious- just refer to the 'battle lines' above. It is what might happen in the mean time that is the real concern here, and much though I would like to say otherwise there is considerable risk of things deteriorating further, certainly if anything like Sutheps's insane proposals are instituted. Thailand cannot turn the clock back now, and attempting to do so will endanger the very nation of Thailand itself, and it's most sacred institutions. If the so called yellows had wished to avoid this, they should have thought ahead- made Bangkok and central Thailand into some sort of 'special economic zone', so they could pretend the rest of Thailand was the land of happy, smiling, self sufficient peasants (that might have bought them a couple of more decades, anyway).
Basically, what is happening now was set in motion a number of years ago, when Thailand first decided to liberalise, democratise, and open up for foreign investment. That decision can hardly be described as 'wrong' either- just compare Thai to neighboring Laos, Burma & Cambodia. Burma was a more affluent place than Thailand before WW2 (& the worlds largest rice exporter between the wars), and as recently as the mid 60's, the Filipines was more 'affluent' than Taiwan- so the importance of governance and 'the system' in a countries progress cannot be underestimated. But compared to Asean and it's regional neighbors, Thailand is now going backward at quite a rate. Current indications are, it is set to get worse before it gets better- I'm rather stuck here I'm afraid, but those of you with 'mobile capital' should really be looking to park it elsewhere- I can recall times in quite recent history when moving money out of Thailand was very difficult indeed.
Last edited by sabang; 20-02-2014 at 08:34 AM.
there is an easy solution to all this, kill Thaksin, this is the first stage
once done, the Dems will have no longer any excuse to blame him, and the Thaksonites will be all lost looking for a new leader. Such a breakup, would create a large number of new political current with new blood and new aspiration.
Monopolization of a Party like we have for PT is no good for Democracy, and it's not good for good political governance in a country trying to grow in a global transparent context.
It's a band-aid, at best. Doesn't it occur to you, if it hadn't have been T, it would have been someone else? Thaksin is far too much credited with the origination of his parties politicking style and policies anyway (like d'uhh, he invented them himself?). He's merely a convenient figurehead (both pro and anti) for the real changes in Thai society, changes made inevitable by the neo-liberal development model that Thailand adopted- be that of the west's bequest, or of it's own volition (). Of course development spreads out from the centre, and I'm afraid the yellow side political cause is rendered hopeless, unless they deem it worthy to change.Originally Posted by Butterfly
"It's like déjà vu all over again." - Yogi BerraOriginally Posted by Butterfly
Doubt many here know Yogi. Google is your friend.
The PADites don't care - they need to be in control during the succession, so that they can keep the CPB money and the status and control that goes with the institution. It really is that simple. Once they have that in place, they don't much care who wins the next election - although they will use the opportunity to change the constitution and voting laws to give themselves as much power as possible.
It's just about maintaining feudal control of as much money and power as possible. That's why they are so desperate to keep control of social discourse (supported by sites that delete perfectly normal links...) as possible through LM laws and a pliant judiciary with the constant threat of the army...
it's the first step, then we can move to the next one. And yes, there could be another one, but the idea is that the process is "transparent" and "fluid" enough to process those hacks and get rid of them as soon as they take power.Originally Posted by sabang
That's Democracy. Getting rid of tyrants as soon as possible, may it be by judicial means or the streets or through elections.
Ruling on 'peaceful' Thai rallies raises suspicion
20 February 2014
Ruling by Civil Court that protests by anti-government movement are peaceful – a day after clashes left 5 dead – heighten suspicion judiciary part of 'elite' alliance keen to oust government.
BANGKOK
A contentious ruling by the Thai Civil Court that protests by the anti-government movement are peaceful -- a day after violent clashes left five people dead -- has heightened suspicion that the judiciary is part of an "elite" alliance that is keen to oust the government.
With the Thai military reluctant to intervene to resolve a four-month-long political crisis, there has been repeated speculation that Prime Minister Yingluck Shinawatra's government is being strangled by the courts and independent agencies such as the anti-graft body.
Critics have described this process as a slow "judicial coup."
On Wednesday the Civil Court referred to an assessment made previously by the most senior court in the Kingdom that the protest was peaceful and conducted "without weapons."
It said the government had the right to call a state of emergency, but sharply curtailed the power of security forces to protect government buildings.
The verdict was starkly at odds with videos posted on social media and seen by millions of Thais showing a grenade fired at police seeking to disperse protesters in central Bangkok, and people on both sides being shot.
Sunai Phasuk, from Human Rights Watch, told the Anadolu Agency on Thursday that the ruling could send the wrong message that protesters are being shielded from criminal prosecution and accountability for violence and serious human rights violations.
"Claims that anti-government groups are peaceful and unarmed are dispelled by their use of firearms and other acts of violence over the past three months, ranging from obstruction of (the) electoral process and voting to many clashes with police and government supporters," he added.
Rallies continued in Bangkok on Thursday, although there were no reports of major drama.
Radical monk Luang Pu Buddha Issara -- closely allied with the anti-goverment movement -- led hundreds of people in a symbolic protest outside the Shinawatra Tower, a base for businesses linked to the prime minister's family.
Elsewhere in the Kingdom, farmers upset at the government over its failure to pay for rice submitted under a controversial rice subsidies program drove an armada of tractors from the central region toward the capital.
Over a million farmers are owed money for rice sold to the government up to five months ago, however, the calling of a snap election -- partly blocked by the protesters -- has hindered the government's capacity to pay the massive cost of the scheme.
More than a dozen farmers owed money under the scheme are reported to have committed suicide because of the financial difficulties caused by not being paid.
On Tuesday, the country's National Anti-Corruption Commission filed corruption charges against Shinawatra with regard to the program.
The Commission does not have the power of indictment -- it can press charges, but then it has to transfer the case to the Thai Supreme Court. If the court accepts the case, there can be an indictment, a trial and eventually a conviction.
Shinawatra is facing a wave of opposition protests after her government pushed through an amnesty which would have lifted a conviction against her brother, Thaksin -- a deeply divisive figure whose Thai Rak Thai (Thais love Thais) party led the country from 2001 to 2006 until he was overthrown in a coup and then found guilty of abuse of power.
Confronted by massive protests, the government withdrew the bill, but the opposition has alleged massive corruption by the government and Shinawatra family.
Yingluck Shinawatra dissolved the parliament on December 9 and called February 2 elections, which were disrupted by protesters who want an unelected "people’s council" to run Thailand until the political system is reformed.
Anti-government movement the People’s Democratic Reform Committee (PDRC) has asked the Constitutional court to dissolve the government for "abuse of power" for its organization of the February elections.
aa.com.tr
post deleted
You are such a fool, mon ami. Thaksin CANNOT be killed. The Royalists and Amart NEED him to be the bad guy - don't you get it? Without him, they would have no raison d'etre. It's not only Thaksin they are fighting, it's pluralism. Their biggest fear is the next Populist leader could be a Che or Chavez
Last edited by Tom Sawyer; 22-02-2014 at 11:31 AM.
My mind is not for rent to any God or Government, There's no hope for your discontent - the changes are permanent!
State of emergency still necessary : Surapong
March 3, 2014
The state of emergency is still needed for the current situation as political violences have still occurred, Centre for Maintaining Peace and Order's member Surapong Tohvichakchaikul said Monday.
He was referring to a bomb attack at the Criminal Court on Ratchadapisek Road this morning.
He said the decree invocation had no effect on tourism because the police used no force or violence against protesters. But the anti-government protests did have negative effect on tourism because it caused fear and trouble for tourists, he said.
The state of emergency, that will be expired on March 22, covers the entire Bangkok and Nonthaburi and parts of Samut Prakarn and Pathum Thani.
nationmultimedia.com
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