rickirs

Chaturon raises some challenging legal issues that traditionally seem to have been accepted fait accompli by Thai society, if only because it has over the decades become numb from military coups. The unilateral right of the military to assume sovereignty over the Thai people at a time of its choosing seems to be an ingrained concession by Thais. Chaturon is attempting in effect to put the NCPO coup on trial.

Chaturon's particular reference to conflict in the Interim Charter between Article 4 and Article 44 is notable, although he should have also cited Articles 2 and 3.

Article 2: Thailand is a democratic monarchy

Article 3: Sovereign power belongs to all Thais

Article 4: Recognizes human dignity, rights, liberties and equality of the Thais

Article 44: the NCPO Leader is empowered with absolute power to order any action regardless of the legislative, executive, or judicial sectors.

Thailand is not now a democracy. NCPO through armed force controls of all three branches of the government and operates with complete impunity from the Thais electorate for its actions. The NCPO is the law of the land.

Sovereign power belongs to the NCPO and not to any democratic constituency. NCPO alone decides without regard to consistency and balance the extent of any Thais’ rights, liberties and equality. There is no redress or appeal to NCPO decisions and actions.

Chaturon actually is borrowing on similar issues raised by Abhisit last July. Abhisit “believed that Article 44 violates the intention of Article 3. Abhisit warned that “an interim charter that restricts basic rights might have adverse political ramifications.” The Nation 2014-07-09/24.

Just as a wild card Chaturon should add the contradiction between Articles 3 and 48. Article 48 gives the NCPO, its subordinates, and sub-subordinates amnesty for the coup. If the Thai people objected to the Yingluck amnesty bill because of the manner in which it bypassed political opposition, they should find fault with the NCPO’s self-declared amnesty.

Ultimately, Chaturon’s complaint will be tabled indefinitely if not rejected outright. Why? It’s called "playing against a stacked deck.”

Srisuwan Janya filed a complaint in August 2014 with the Office of the Ombudsman against the appointment of the NLA, saying it was unconstitutional. If approved by the Ombudsman it would be forwarded to the Constitutional Court. What happened to that complaint? Coincidentally in September 2014, former Deputy permanent Secretary for Defense General Wittawat Ratchatanan was selected by General Prayuth and approved by the NLA as a new Ombudsman.

"Other interesting activities during the Chinese New Year festival include the sale of local Thai products and food"

Interesting in what way - sale of Thai products and food in Thailand? Sale of Chinese products and food would be more "interesting."

"But many of them still did not gain enough understanding, he said, adding that it is the responsibility of the NCPO to try to make them to adjuist their attitudes."

Prayuth, "I am not a dictator. ... It's not like I can order people."

Since sovereignty belongs to the Thai people and not to the NCPO, and no one can dictate Thai people, the UDD leaders should refuse to accept NCPO's "invitation" for attitude adjustment as their right under the 2007 Constitution and Articles 1-4 of the Interim Charter. It is not their obligation to listen to the NCPO, unless of course the Interm Charter is a sham and Thailand is not as the charter states - a constitutional monarchy - but an anarchy.

Now that's one place where you wont see an American Ambassador telling the Military government what it should do............. alt=coffee1.gif width=32 height=24>

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All American Allies are equal---- just some are more equal then others.

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Congress is preparing to allow the Obama administration to give more than $1 billion dollars to the Egyptian government and military, despite the fact the generals perpetrated a coup last summer and are suppressing opposition ahead of a nation-wide constitutional referendum. http://www.thedailybeast.com/articles/2014/01/13/congress-to-give-egypt-1-5-billion-in-aid.html

Thailand is not the equal of Egypt.

US aid comes after the Junta submitted a new constitution to the Eqyptian people in a referendum who approved it by 98%; and after the coup leader resigned his military position to run for and become elected President in an open and free election.

In Thailand after 8 months you still have the self-appointed coup leader as PM; no new constitution and no promise of any public referendum for approval; elections are promised at year-end or 2016.

Egypt has returned to democratic governance. Thailand has not.

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Sounds good...Where does the money come from ?

Private industry. The Junta doesn't invest in Thailand's economy. And that's a major complaint of the business sector - lack of capital for GDP growth:

2015-02-11

“The military has promised to unleash billions of dollars on much-needed infrastructure projects.

But the money is yet to kick into the economy. As Barclays Capital put it in a note last month: ‘The main impediment to growth at present is the slow pace of fiscal [government] spending, which is also delaying investment and consumption decisions."

And it’s not going to change:

2015-02-07

“Deputy Prime Minister M.R. Pridiyathorn Devakula stated Friday that the government will not be implementing a second round of economic stimulus package in light of indications that previous budgetary injections have made a significant impact on the country’s economy.”

There was never a first round.

"The survey founded that only 76.8 per cent of the respondents know how to use the condoms properly to protect themselves, compared to 86.2 per cent of respondents surveyed last year."

Looks like the Junta's Happiness to the Thai People comes with a price.

"preserve the Thai way of life"

So that meant the foods sold were subjected to price controls and the amount of profit limited to what the government thought best?

"authorities have been instructed to closely watch the places on the “day of love”.

Since prostitution is officially illegal, shouldn't the authorities shut down the love motels instead of just watching them one day out of the year?

"an amendment to the 1955 Act on the Organisation of Military Courts would affect civilians were unfounded"

I think it would be more accurate to say that -

"an amendment to the 1955 Act on the Organisation of Military Courts would affect civilians were irrelevant"

NCPO doesn't need any amendments to exercise its absolute power of the sovereignty of the Thai Peoples.

Japan's economic recovery from WWII and world leader is truly a testament to democratic principles and respect of its people's sovereignty. Few nations conquered by the USA have become worse off.

Perhaps Gen. Prayuth will visit again and, instead of focusing on money, try to better understand how such a constitutional monarchy can not only survive but succeed through a populist, capitalistic nutured democratic society in spite of political conflicts and without military intervention. But then Prayuth might realize that his worth in Thai society might not be that great.

"The amendment would permit military commanders to detain civilians for up to 84 days without judicial oversight"

If the Junta doesn't get the amendment, then Article 44 of the Interim Charter remains the law of the land. And under Article 44 the NCPO has the legislative power to not only impose martial law but to also judicial power to arrest people without a court warrant and try them. The amendment just gives the NCPO some "window dressing" to make the government seem democratic after it withdraws from direct control of the government.

The bigger issue is that the military continues to have the power to overthrow an elected government and suspend Thai civil rights and liberties at the time of its choosing. Don't expect the NCPO to limit itself voluntarily.

This is great news. It's not like political prisoners (in jail 10 years they are not "detainees") can give themselves amnesty like the Junta can.

I'd better like to see the NRC recommend checks and balances on the military to prevent its repeated abuse of the nation's sovereignty and suspension of Thai civil rights and liberties. But of course the Junta-appointed NLA/NRC must abide by the NCPO agenda which I am sure does not include limiting its power.

She was found guilty of drunk driving.

So what was the EVIDENCE that was the basis for her guilty judgement?

No mention of any observed erratic or dangerous driving.

She responsibly stopped at the checkpoint.

She refused the breath test.

They towed her car with her inside so no physical impairment test was conducted.

No mention of a followup blood test.

The only apparent evidence was the smell of alcohol on her breath.

So was she then convicted because of her smell? Maybe just a poor choice of perfume and too much of it? Or maybe a spilled alcoholic drink?

This case was hardly a good example of justice.

Yingluck seeking political asylum might be the best solution for the Junta. Does the Junta really need to put itself in the same perdicament as the Myanmar Junta who had to deal with popular opposition leader Aung San Suu Kyi despite her isolation in house arrest, loss of civil liberties, and constitutional ban from national elections? I think the Junta will offer her an exit strategy and she will refuse.

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So rather than being able to confront the OAG with inadequate or possibly incorrect information and thereby ensuring the dismissal of the charge with "Not Guilty", Ms. Yingluck's legal team wants the OAG to dig up more ?

That's an interesting interpretation simply because, as you perceive, it doesn't make any sense. Consider then that it is your understanding that doesn't make any sense.

The OAG originally rejected accepting the case from NACC because "NACC had not conducted additional inquiry as asked by the committee." The OAG offered to work with the NACC to develop the additional information it had requested, assured the effort wouldn't be burdensome, and the NACC refused. Then in an unexplained turnabout the OAG accepts the case for prosecution. Why? NACC could have on its own prosecuted the case without the OAG!

Yingluck's attorneys are requesting the review of OAG's decision for reversing itself despite what it had seen as major flaws in NACC's case. They are not asking OAG to develop further inquiries or information. If the OAG is being transparent it should agree to the request. If it doesn't, then it gives the perception that it is being bias and/or politically motivated.

"might be a joint venture in a Public-Private Partnership (PPP). Thai and foreign investors were both welcomed"

Whoever the investors might be, you can be sure the Junta government will not be a major investor. After 8 months in power it has failed to make any substantial government investment in Thailand's infrastructure. The nation has sufficient debt to GDP ratio to do so with little negative economic impact to the economy. But Gen. Prayuth runs the government balance sheet as if it were his personal household - little or no deficit spending. On the other hand he has no problem borrowing from foreign governments such as with the dual rail project with the Chinese and essentially selling out Thai sovereignty for decades to come.

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His intentions and thoughts are good.

Thailand has to join the more technologically advanced countries.

And it will be great for tourism and also for Thais.

What I'm worried about and expressed my worries before when Yingluck initiated the high speed train introduction to Thailand, is the operation, handling and maintenance of these trains.

I wish, I could trust the Thais more and have more confidence in them..........but again I could be wrong........as many good posters remind me constantly.

My worthless opinion is try to upgrade the existing trains, maintain the trucks properly. and do something about rail crossing safety and then look to the high speed trains.

So 'thoughts' are good huh?

Well lets do the math shall we.

Bangkok to Pattaya ~150Km

High speed rail speed definition 250km/hr, therefore assuming no intermediate stops a journey time of 36 mins

Standard gauge top speed definition 190km/hr, therefore assuming no intermediate stops journey time of 47 mins

Cost of HSR vs Standard Gauge according to the Swedish study (de Rus et al., 2009) 2x.

So, well thought out huh twice the cost for a maximum time saving of 11 mins.

Maybe we need to 'think' before accepting all that is said is Gospel truth. Maybe in the Chinese model there is a justification, but in the real world not a jot of truth

"Maybe in the Chinese model there is a justification, but in the real world not a jot of truth."

Exactly. China is a huge country with nearly 1.4 billion people and hundreds of large cities and a massive industrial complex. Thailand OTOH is a small, emerging nation with few really large cities, a medium sized industrial base located in a few strategic areas and less than 70 million people.. Largely the balance is rural and agricultural. Not exactly the ideal base for a massive investment in HST.

However, as the above poster rightly points out, there is definitely a need for a modernization of Thailand's antiquated rail network and bringing it into the 20th century. Once this is done, Thailand will be able to unite with the railway coming down from China and with that, supposedly coming up from Singapore?

The 20th century ENDED on December 31, 2000. We are now fifteen years into the 21st century.

Can someone help me?

I can't find Thailand anywhere in Africa!

Given the level of ignorance of this government I figure it must be some backward African nation that knows nothing about the human reproductive system.

"The comment was made off-the-record and in the context of one democratic country to another"

Somehow I don't think the USA comments were directed at UK, Japan, Australia, India or any other DEMOCRATIC country. I thought Thailand outlawed what this spokesman is smoking.

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In another article today the UN is criticizing. LINK

Thailand must learn that it doesn't live in a bubble IF it wants to be engaged with the West.

Also people should learn that the U N is making suggestions to change a system that has been in affect for 50 years. They recognize the need for change from the way the country was being run and are making suggestions in an effort to help clear up the mess.

Kind of like a back handed way of say we approve of what you are doing.

Also people should be aware of the fact that the U S is calling for Democracy. This is a strange thing to hear from a country who had a president (Bush) appointed by the Supreme Court when the majority of the people voted for his opponent Gore.

It would be interesting to have an accredited poll company take a poll in Thailand and see if the people are happier with the way things are now or do they prefer the way things were before the coup. Never going to happen unfortunately. We will just have to sit here and listen to the whiners complain until the next election. At which time we will know what is really happening now. I personally believe we will find out as a result of all that is going on now Thailand will be a lot better off. Check with me next February.

The USSC did not appoint Bush President. It ruled on the unconstitutionality of the Florida Supreme Court allowing extended time beyond what the Florida constitution allowed for a recount. Without a prolonged recount Gore lost the majority vote in Florida to Bush by 1,800 votes. And while Gore did get majority of the US popular vote, he did not get the subsequent majority vote of the electoral college (because of his loss of Florida) that is the required final process for electing the POTUS according to the US Constitution.

When you compare the entirety of the USA constitutional electoral process to determine its Head of Government to the Junta's abolishment of the Thai constitution and self-appointment as Head of Government, the Junta's divergency from a democratic participatory process naturally invites criticism from the USA. It is a fair and honest response.

First it's the USA interferring in Thailand's internal affairs. Then it's Japan. Now it's the UN. What's next, the whole world?

Oh wait. The UN represents 191 nations.

Maybe Gen. Prayuth can find some Martians who will understand the Junta's roadmap to restore democracy.

A rather naive article.

The Junta considers any perceived or potential criticisms as obstructing NCPO's efforts towards national reconciliation and reform. it's not a matter of how a message is conveyed or the content of the message. The Junta has become paranoid towards ANY form of critical expression and it will vigorously defend against ANY opposition to its rule, especially for those (like students0 who have no economic leverage against the Junta.

Malta and Italy better brace for Greek boatloads of economic refugees.