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Thailand’s Legal Experts Say Constitutional Court’s Decision a ‘Judicial Coup’

Professor Chambers said he worries that the Constitutional Court’s decision may further erode people’s faith in the legitimacy of Thailand’s constitutional democracy.

Professor Chambers said he worries that the Constitutional Court’s decision may further erode people’s faith in the legitimacy of Thailand’s constitutional democracy.

 

BANGKOK — Legal experts are calling the Constitutional Court’s decision to oust Prime Minister Yingluck Shinawatra an abuse of judicial power.

In a verdict delivered this afternoon, judges ruled that Ms. Yingluck and some members of her Cabinet unlawfully removed the head of the National Security Council (NSC) in 2011.

For months, supporters of the government have accused the court of collaborating with anti-government protesters in their bid to oust Ms. Yingluck from her caretaker position.

“I think once again we have a judicial coup in Thailand,” political science Professor Paul Chambers told Khaosod English, noting that it is not the first time the court has struck down Prime Ministers and political parties allied to Ms. Yingluck’s faction.

“Thailand has a form of democracy, but there is no real balance or checks,” said Mr. Chambers, who teaches at Payap University in northern Thailand. “What we have here is juristocracy – the judicial branch is head and heels above the legislative and executive branches of the government, and it’s supported by traditional institutions.”

Professor Chambers said he worries that the Constitutional Court’s decision may further erode people’s faith in the legitimacy of Thailand’s constitutional democracy.

“This constant replay of courts issuing ridiculous verdicts may cause people who have believed in Thailand’s democracy to stop believing in it,” said Mr. Chambers.

Chiang Mai University law lecturer Somchai Preechasilpakul also criticized the court’s verdict today, which he said reflects the enormous amount of power currently wielded by Thailand’s judicial branch.

“The verdict appears to indicate that all Prime Ministers who do not come from the Democrat Party will be eventually removed by the so-called independent agencies,” Mr. Somchai said, citing the removal of former PMs Samak Sundhornvej and Somchai Wongsawat.

“This is a big problem that society should be debating: is it really fair and legitimate to give such independent agencies, who have no connection to the people whatsoever, the power to regulate the politicians, who have a connection to a lot of people through elections?”

Independent Legal advisor Verapat Pariyawong called today’s verdict “a full blown version of judicial coup” reminiscent of the 2008 Constitutional Court decision to remove then Prime Minister Samak Sundhornvej from office because of his appearance on a cooking show.

“It is sad to see essentially the same court repeating essentially the same mistakes today,” Mr. Verapat said.

“The 2008 case was one of the principal reasons that led to the rise of an anti-Thaksin government and the 2010 massacre of Redshirts. One can only hope that the political outcome will be different this time. But to be realistic, once the rule of law in the chamber is gone, all is left is probably violence on the street.”

According to Mr. Verapat, now the important question is whether or not the current government will be able to keep the situation on the streets under control.

“[Yingluck] has the unique ability to filter her brother’s hot headed thinking, but if she is gone, the situation can change very quickly for the worse,” Mr. Verapat warned.

Thailand Politics

Thai Prime Minister’s Popularity Declines as Move Forward Party dominates

Thai Prime Minister's Popularity Declines as Move Forward Party dominates

(CTN News) – Prime Minister Srettha Thavisin continues to make local and international visits to try to solve problems and promote Thailand, but he has failed to impress most voters, according to a Nida poll. The poll also revealed the declining popularity of Pheu Thai Party leader Paetongtarn Shinawatra and the rise of the Move Forward Party.

According to a poll released on Sunday, only 12.85% of people supported the prime minister, down from 17.75% in the previous survey. The daughter of convicted former Prime Minister Thaksin, currently on parole, saw her popularity drop from 6% to 4.85%.

The National Institute of Development Administration conducts a quarterly survey of the public’s preferred political leaders. The last survey was released at the end of March.

According to the survey, supporters of the prime minister described Mr Srettha as a resolute decision-maker determined to address their problems. Ms Paetongtarn was complimented for her vision, leadership, knowledge, and grasp of the country’s difficulties.

This weekend, the prime minister will be in the northeast region listening to citizens’ concerns. The journey occurred only a few days after he had visited northern provinces earlier in the week.

Despite criticism, he has reduced his abroad trips, citing the need to showcase Thailand to investors and traders.

Pita Limjaroenrat, the chief advisor of the Move Forward Party, remained the top candidate for prime minister with 45.50% of the vote, up slightly from 42.75% in the previous quarter’s poll.

Pirapan Salirathavibhaga was the huge winner. The leader of the United Thai National Party saw his popularity nearly quadruple from 3.55% to 6.85%.

The sampled voters stated they appreciated Mr Pita’s political beliefs and thought he had broad knowledge. They praised Mr Pirapan’s credibility, claiming he was clean and honest.

Two other probable prime minister candidates were Khunying Sudarat Keyuraphan of the Thai Sang Thai Party and Anutin Chanvirakul, leader of Bhumjaithai. However, they were less popular than others.

About 20% of voters still did not believe any candidate was qualified to lead the country, which is the same percentage as in the last survey.

Move Forward Party was the most popular party with 49.20%, up slightly from three months ago, while Pheu Thai fell around five percentage points to 16.85% from 22.10%.

The poll, issued on Sunday, surveyed 2,000 ineligible voters between June 14 and June 18.

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Move Forward Party MP Jirat Thongsuwan Appeals Suspended Jail Sentence for Defamation

Move Forward Party MP Jirat Thongsuwan Appeals Suspended Jail Sentence for Defamation

(CTN News) – Jirat Thongsuwan, a Move Forward Party MP, says he would appeal his one-year suspended jail sentence for defaming a former senior defense ministry official concerning the state’s procurement of bogus bomb detectors.

The Criminal Court also fined Mr Jirat 100,000 baht for falsely accusing ACM Tharet Punsri, a former Air Force chief-of-staff who later became the ministry’s deputy permanent secretary, of being the chairman and shareholder of a company that supplied the military with the infamous GT200 bomb detectors.

The Chachoengsao MP claimed a July 20, 2022, no-confidence vote against cabinet ministers in Gen Prayut Chan-o-cha’s government. ACM Tharet was not a cabinet member.

Jirat Thongsuwan also identified ACM Tharet as a key figure in the 2006 coup headed by then-army chief Gen Sonthi Boonyaratkalin, which overthrew Thaksin Shinawatra.

ACM Tharet told the court that Jirat Thongsuwan’s charges were false and harmed his reputation. He denied involvement with the bomb detection company and said he was not the company’s senior chairman or shareholder.

In addition to the suspended jail term and fine, the court ordered Jirat Thongsuwan to pay $ 500,000 baht in damages to ACM Tharet and publish an apology in three newspapers for five days.

Jirat Thongsuwan later announced on his X account that he had challenged the verdict with the hashtag “An injustice is infuriating”.

The MP has also been accused of dodging required military conscription. He admitted to the accusation on May 8.

A British business promoted the GT200 as a “remote substance detector” and sold it in several countries. Between 2004 and 2009, fourteen Thai government organizations, most of which were military, were projected to spend 1.4 billion baht on the units.

Concerns about the GT200 and related gadgets arose after the National Science and Technology Development Agency discovered they lacked electronic components.

The devices were later revealed to be “divining rods”.

 

 

 

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Thaksin Shinawatra Files 100 Million Baht Defamation Lawsuit Against Warong Dechgitvigrom

Thaksin Shinawatra Files 100 Million Baht Defamation Lawsuit Against Warong Dechgitvigrom

(CTN News) – Thaksin Shinawatra, the former prime minister, has launched a defamation action against Warong Dechgitvigrom, the head of the Thai Pakdee Party, accusing him of paying a bribe to be released on bail in a lese majeste case.

Thaksin’s attorney, Winyat Chartmontree, filed a lawsuit against Warong, seeking 100 million baht in damages.

Warong, a long-time Thaksin Shinawatra critic, gave a public statement and posted on social media, saying that 2 billion baht was paid to judicial officials in exchange for release on bail in the lese majeste case.

Thaksin Shinawatra Granted Release on 500,000 Baht Bond

Thaksin was granted release on a 500,000 baht bond last week and told not to leave the country without court authorization after pleading innocent to charges of defaming King Rama IX in a 2015 interview with South Korean media.

Winyat stated that, while Warong did not identify Thaksin Shinawatra by name in his speech or post, he did include a hashtag with Thaksin’s name as well as the date Thaksin must appear in court, allowing readers to connect Thaksin to the allegations.

Winyat further stated that he was investigating the fact that Warong mentioned the specific aircraft and automobiles utilized by Thaksin Shinawatra to violate the Personal Data Protection Act.

“I have requested Mr Warong to provide proof as to where he received the data. “If it turns out that it came from state officials, there will be legal consequences,” he warned.

The Criminal Court has scheduled the case’s preliminary hearing for September 30.

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