Activists seek court ruling on junta’s political assembly ban

[webfact]

Activists seek court ruling on junta’s political assembly ban

By WASAMON AUDJARINT 
THE NATION

 

 

TWO ACTIVISTS yesterday asked the Constitutional Court to rule whether a junta order banning political assemblies violates the Constitution’s endorsement of people’s rights and freedom.

 

Nuttaa Mahattana and Veera Somkwamkid filed their petition with the court’s 11 judges. 

 

They are facing charges of allegedly breaking the National Council for Peace and Order (NCPO) Order No 3/2015, which prohibits any political assembly of five or more people.

 

The order has been the ruling junta’s tool to freeze not only political parties, which have been unable to hold official meetings since the order was issued shortly after the 2014 military coup, but also various public forums, academic seminars and assemblies critical of people in power.

 

Nuttaa, Veera and 37 other activists, students and journalists were charged after they participated in anti-junta demonstrations on January 27 and February 10, during which they called for the long-delayed election to be held in November, as promised.

 

Nuttaa said the power gained by the junta due to the coup should be less than the Constitution, which is regarded as the highest law in the country.

 

She said the charter’s Article 3 stipulates that the country’s sovereignty belongs to the people, Article 4 says that all people should have their rights and freedom equally protected, and Article 5 states that any law or order must not conflict with the Constitution.

 

Nuttaa also highlighted the charter’s Article 44, which endorses people’s rights to assemble peacefully without weapons. She said people should have their right of assembly to voice dissent against the military-installed government.

 

“The right to assemble is endorsed in the Universal Declaration of Human Rights,” she said. “Today, with no opposition in the [junta-appointed] legislative assembly and with more restrictions against the press, assembling should be our solution to protect our rights and freedoms.”

 

Veera said that he does not accept the authority of the coup-makers.

 

“This petition should clarify the Constitution’s superiority,” he said. “The NCPO order should no longer be above the charter and keep infringing on people’s rights and freedoms.”

 

Veera said elected governments would be more open to scrutiny rather than the military-installed administration with sweeping power.

 

The activists both said they still had faith in the justice system despite the current political atmosphere. 

 

“I have high trust in the court. There should be no reasons to prolong this [junta order] further,” Nuttaa added.

 

Source: http://www.nationmultimedia.com/detail/politics/30339410

 

-- © Copyright The Nation 2018-02-22

[yellowboat]

3 hours ago, webfact said:

Nuttaa said the power gained by the junta due to the coup should be less than the Constitution, which is regarded as the highest law in the country.

God love her.  She is making a very simple yet bullet proof argument for which the junta's only answer is: we gots guns and lots of 'em.  

[steven100]

... poor girl, she is seeking attention and trying to drum up support. Just another Nuttaa ...

[RichardColeman]

3 hours ago, webfact said:

“I have high trust in the court. There should be no reasons to prolong this [junta order] further,” Nuttaa added.

Won't when then declare a 9 month review on the issue

[Eligius]

It's great to see someone standing up in brave defiance and actually quoting the ringing words of the Constitution: 'Sovereignty belongs to the Thai people'.

 

Unfortunately, what has been missed is that the 'Constitution' also states that the edicts promulgated by the junta remain in force while the junta continues to rule. Thus their outrageous ban on political gatherings is backed by the 'Constitution'. That is one reason amongst many why the 'Constitution' is such a damnable document: it both gives and takes away from the Thai people at one and the same time. It is a masterpiece of nefarious deception and double-speak.

[Eric Loh]

The jail time in Cambodia must have significantly change the mindset of Veera Somkwamkid. What a turn around for this yellow shirt activists joining hands with red shirts Sombat and many others from the PAD and PDRC. They are disappointed in the regime for not fulfilling the promises like political cleansing and corruption. Maybe also disappointed that the junta decisions to allow legal pursuit of the PAD & PDRC which they construed as betrayal. Qoute from Veera that "there are no colours right now...it's about joining hands and removing corruption from the country". "We can't rely on the government because they are in fact the ones who are not transparent". I think with these experienced activists, the sparks will fly in no time. A famous fortune teller has predict major events in April. That was his last prediction as the junta has banned him from making prediction.   

[mtls2005]

I wouldn't want to be a Constitutional Court judge these days.

 

Letting this, and other similar cases, reach them, could negatively impact the Junta's firm grip.

 

And untangling the mess of the 2016 "constitution", which guarantees many "rights", intertwined with various Article 44 'decrees', recently passed "organic laws" and the various 'qualifiers' in Constitution version 18, rev. 3, will be challenging.