Groups demand end to ban on political activity

By The Sunday Nation

 

 

CONSTITUTIONAL COURT APPROACHED TO HEAR CONCERNS OVER HUMAN RIGHTS ‘VIOLATIONS’

 

DEMOCRATIC and human rights groups have announced a challenge to the junta’s order against political activity at the Constitutional Court as they demand a return of freedom of expression and political assembly.

 

Democratic Restoration Group, the Thai Lawyers for Human Rights Centre and representatives of victims of the junta’s order yesterday organised a press conference at Thammasat University. The coalition announced the launch of a campaign to annul controversial order 3/2015 issued by the leader of the ruling National Council for Peace and Order (NCPO) following the 2014 coup. 

 

The order gave authority to military officers to detain for seven days and interrogate anyone deemed a threat to its authority and also prohibits a political assembly of five or more people.

 

Rangsiman Rome, a member of the coalition, said that for three-and-a-half years the junta-backed government has taken people into custody and later charged them for expressing an opinion that differs from the junta.

 

The junta has also used tactics to threaten academics who organise academic debates, including sending state officials to monitor the event and making participants feel insecure about their safety.

 

Rangsiman argued that despite the passing of a new Constitution, the junta continues to practice suppression against Thais exercising their rights. He noted the 2016 Constitution’s guarantees of human dignity, rights, liberties and equality. The junta’s harsh actions had damaged people’s freedom and the reputation of some people had been tainted by junta charges, he said. 

 

“We all have agreed that it is the right time to resolve the issue, so we have come together with plans to file the case at the Constitutional Court in order to put an end to Order 3/2015,” he said. 

 

The group referred to Section 213 of the Constitution, which would allow people whose rights have been violated to directly petition the court for a verdict on whether the NCPO’s order violated the constitution. Rangsiman said the group is gathering public support for filing a petition to the court this month or in January.

 

Leader of the New Democratic Movement, Sirawich Seritiwat (popularly known as Ja New), said he was a victim of the NCPO’s order when he took a train to visit Ratchapakdi Park and was then arrested by military officers. Sirawich referred to the scandal of military involvement in an irregularity during construction of the park.

 

‘Takes precedence’

 

“I don’t consider the NCPO’s order or announcement as a law since it was not scrutinised by many parties and approved by Parliament,” he said. “The NCPO’s order was made by a few people and discriminatorily enforced against people who have different political opinions from the junta. For the victim, he does not know who has arrested him. Neither does he know his own future in the seven-day custody period.”

 

Sirawich said he also wants the court to deliver a verdict to dissolve the NCPO or limit it to using its authority sparingly. He also vowed to campaign for dissolving the NCPO. “The petition would make clear to us which one, an NCPO’s order or the Constitution, takes precedence,” added Sirawich. 

 

Nanthapong Panmas, a Ramkhamhaeng University law student, said that he also became a victim of the order when he campaigned against the Constitution referendum in Samut Prakan in 2016 and those who joined him were forced to quit their jobs.

 

“It is the time for the junta to have to lift the political ban and let people enjoy their freedom,” he said. 

 

Source: http://www.nationmultimedia.com/detail/politics/30333578

 

 

-- © Copyright The Nation 2017-12-10

Good luck to these people. Serious cajones while the apathy from the vast numbers of their fellow citizens merely emboldens this awful regime

Are the indians from other tribes getting restless with the chief ?

Good to see that there are some here who are prepared to stand up to an unelected, military imposed 'Government' and ask for what is right despite the threats to their own freedoms.

4 hours ago, rooster59 said:

The junta has also used tactics to threaten academics who organise academic debates, including sending state officials to monitor the event and making participants feel insecure about their safety.

They are debating so of course the junta is scared.  Scrutiny and debate are threatening to the less than nimble minded. 

5 hours ago, z42 said:

Good luck to these people. Serious cajones while the apathy from the vast numbers of their fellow citizens merely emboldens this awful regime

 

When exactly was it that you (in your revolutionary zeal) stormed the barricades and freed your home country from tyranny?

 

Those "fellow citizens" are a damn sight closer to the front line than you are.

 

The worst that brave words will get you is expelled.

 

When you have been beaten up or imprisoned without charge, or much worse, you (and any other keyboard heroes who are prepared to put their own and their families lives on the line) can start preaching.

 

 

 

Edited December 10, 20178 yr by Enoon

1 hour ago, edwinchester said:

Good to see that there are some here who are prepared to stand up to an unelected, military imposed 'Government' and ask for what is right despite the threats to their own freedoms.

 

What's stopping you from going forth and "standing up"?

 

You could form your very own "International Brigade".

 

Not your fight?........thought so.

 

 

Edited December 10, 20178 yr by Enoon

Rome makes many poignant points and is well spoken.

Even Abhisit has made similar (albeit less forceful) comments. 

But I hope Rome remembers the Constitutional Court Decision (4/2559 [2016] Const. Ct. Decision)

wherein the court ruled that the restriction of freedom of expression in the Referendum Act was constitutional. In effect the Constitutional Court’s decision endorsed the NCPO’s position in cracking down dissent.  http://www.iconnectblog.com/2017/10/developments-in-thai-constitutional-law-the-year-2016-in-review/#_edn45

I also hope Rome reads the 2016 Constitution:

"Section 279 All announcements, orders and acts, including the performance of the National Council for Peace and Order or of the Head of the National Council for Peace and Order already in force prior to the date of promulgation of this Constitution or will come into force in accordance with Section 265 Paragraph Two, irrespective of their constitutional, legislative, executive or judicial force, shall be considered constitutional and lawful and shall continue to be in force under this Constitution." (unofficial translation is provided as a public service through a collaboration of:

Office of the United Nations Resident Coordinator in Thailand, International IDEA (Australia) and International Commission of Jurists (Thailand))

How can the Constitutional Court rule against these two sections of the Constitution?

 

Concern for conflict of NCPO Orders with the human rights provisions of the 2016 Constitution was foretold by Human Rights Now, a Tokyo based international human rights NGO prior to the Referendum:

• "Section 279 prescribes that all announcements, orders and acts, including the NCPO’s order already in force prior to the date of promulgation of this Constitution shall continue to be in force under this Constitution.
• " This provision justifies serious human rights violations committed by the NCPO and continues severe restriction of human rights."

http://hrn.or.jp/eng/news/2016/08/05/thailand-constitution-statement/

I would expect the Constitutional Court will decline to hear this new complaint.

 

 

On 10/12/2017 at 5:41 AM, rooster59 said:

“It is the time for the junta to have to lift the political ban and let people enjoy their freedom,” he said. 

 

Hopefully the PM will put this high up, on his New Years revolutions Resolutions list, for urgent-action !

 

The government needs to allow time, prior to the election due in November 2018, for normal political-activity to resume, although it's often messy.

Hopefully, this is the start of the Junta answering for their actions

15 minutes ago, Ricardo said:

The government needs to allow time, prior to the election due in November 2018, for normal political-activity to resume

I think that's the crux of the delay. Prayut doesn't want "normal political activity" to resume.

 

Prayut has said that “disorder” and “slanderous remarks” were the cause for the continuation of the delay.  “Today we are still speaking evil. You must stop this so that everyone is at ease.”

http://www.the9thfloor.com/phuket-culinary-news/content/91478

 

It might be that Prayut wants to control political dialog between parties during the election campaign, much as he controlled public dialog during the referendum on the draft 2016 constitution. Thais were allowed to think their opinions but not allowed to publicly express them and convince others to their same viewpoint.

 

If Prayut succumbs to pressure to lift his ban on political activity, I expect that Prayut will either issue an NCPO Order or have the NLA rubber-stamp a law like the Referendum Act to keep political parties from "speaking evil" and causing "unease" with a set of rules controlling campaign rhetoric.

 

The language will be broad and vague so as to allow maximum control at Prayut's discretion. Violation might mean ... banishment of party leaders from politics?  Should Prayut form his own party or collude with another party such a law would be a significant advantage.

One can hope that a 'higher authority' may step-in, or that Prayuth decides he doesn't want to get involved after all, after the election ?  But we've seen 'proper' politicians "Quit Politics" before  ... 

21 hours ago, Enoon said:

 

When exactly was it that you (in your revolutionary zeal) stormed the barricades and freed your home country from tyranny?

 

Those "fellow citizens" are a damn sight closer to the front line than you are.

 

The worst that brave words will get you is expelled.

 

When you have been beaten up or imprisoned without charge, or much worse, you (and any other keyboard heroes who are prepared to put their own and their families lives on the line) can start preaching.

 

 

 

 

You did this in another thread, where people applauded a young lady for standing up for her rights.

 

What is your problem, with people expressing their support for these guys n gals ???

 

No-one is "preaching" except you !!!

 

I think you need to relax a little and save some energy for more important things :)