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The Constitutional Tribunal Disbands Thai Rak Thai - Election cheating


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The Constitutional Tribunal disbands Thai Rak Thai

BANGKOK: -- The Constitutional Tribunal disbands Thai Rak Thai

The Constitutional Tribunal Judges found Thai Rak Thai Party guilty of violating the electoral laws and ordered it to be disbanded.

They also revoked the voting rights of the party's 111 executives for five years. The party has committed wrongdoings that have negative impacts on democracy system of the country.

The judges said that senior members of the party, Thamarak Isarangura and Pongsak Ruktapongpisal, guilty of paying and hiring small parties to run in the April 2 national election.

They dismissed the party's arguments that the party's executives were not aware of both members' wrongdoings. They said it was impossible that the executives did not know the wrongdoings.

The party's executives sitting in the court room, including acting party leader Chaturon Chaisang, greeted the verdict with grim face.

The Tribunal also dissolved Pattana Chart Thai and Pandin Thai banned voting rights of their executives for five years.

TRT's acting leader Chaturon said after the rulings that the verdicts were unexpected.

However he said that he and the party will accept the rulings. He urged the party's supporters to stay calm and accept what the Tribunal ruled.

The party will hold a press conference on the issue at 11am on Thursday.

--The Nation 2007-05-30

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How can one party be cleared of electoral fraud because those laws no longer apply post-coup, and at the same time another party found guilty under the same laws being retroactvely applied??

The judges spent 10 hours boring us rather than just publishing the whole document and just giving us the verdicts, in an attempt to show how even-handed and legalistic they were being. The least they could have done is sorted out the logic of their decisions!

rych

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The present TRT leader is making a fairly colourful speech right now. Appears to be saying he {TRT} will not accept the court verdict. However, since there is no court of appeal what does that indicate? let's hope it's emotion of the moment.

Regards

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Chaturon Chaisang, leader of the disbanded Thai Rak Thai, told party supporters at the party head office that the rulings against the party were unfair.

He said the rulings indicated that the people, who had seized power, could set what was right or wrong.

He said the people nationwide would find the rulings unacceptable.

The crowd cheered to his speech.

Speaking at a rally in front of the party at about 15 minutes after midnight, he said Thailand was now ruled by dictators.

From The Nation see my post above

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> The least they could have done is sorted out the logic of their decisions!

There isn't any. They tried to hide it but I think it's clear to all that this verdict was a done deal and handed down from above to judge Somchai.

Keep in mind, the military doesn't WANT stability. They actually want people in the North and North East to boycott (or vote against) the next constitution.. keeps them in power.

It's been an exceptionally sad day for Thailand, and you know what: we've not hit rock bottom yet.

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When I was in law school, we learned that "hard cases make bad law." Tonight's decision is clearly an example of this. For all of the sins of Mr Thaksin and TRT, banning a large party is simply a bad precedent, and a step back from democracy. Richard Nixon's administration was the closest the United States came to a dictatorship in living memory. However, no one raised the thought of disbanding or abolishing the Republican party. The way we get rid of bad politicians is to vote them out of office, not get rid of their parties. There are many in Thai Rak Thai, such as Mr Chaturon, who have something positive to contribute to this country. Why deprive them of what are in essence a huge chunk of their civil rights! Put the guilty ones on trial, instead.

On a lighter note, I am starting a new party.....called Farang Rak Thai. I think I can get many members, but few voters.

Keep calm.

Edited by Larry
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How can one party be cleared of electoral fraud because those laws no longer apply post-coup, and at the same time another party found guilty under the same laws being retroactvely applied??

The judges spent 10 hours boring us rather than just publishing the whole document and just giving us the verdicts, in an attempt to show how even-handed and legalistic they were being. The least they could have done is sorted out the logic of their decisions!

rych

The reason for the long and full evidence based verdicts was to clarify that some offences are construed {owing to their execution and intent} under different aspects of the legal system. The Tribunal clarified how it would apply the law during the afternoon session and having, as is its right & function, defined the legal framework then applied that rigorously to the charges placed before it in all cases.

Regards.

/edit clarity//

Edited by A_Traveller
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> The least they could have done is sorted out the logic of their decisions!

There isn't any. They tried to hide it but I think it's clear to all that this verdict was a done deal and handed down from above to judge Somchai.

Keep in mind, the military doesn't WANT stability. They actually want people in the North and North East to boycott (or vote against) the next constitution.. keeps them in power.

It's been an exceptionally sad day for Thailand, and you know what: we've not hit rock bottom yet.

chanchao, I can understand why you would see this is a dark day or a TRT supporter would see this is a dark day. But there really was no decision that would please everyone here. This is a court under a military government. Its legitimacy is always in question. However, I personally think a wishy washy verdict would have been worse. This decision was so clear that indeed it was risky, but the possible reward is the threat of violence will pass and the country will go on with moving towards more normalcy.

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How can one party be cleared of electoral fraud because those laws no longer apply post-coup, and at the same time another party found guilty under the same laws being retroactvely applied??

The judges spent 10 hours boring us rather than just publishing the whole document and just giving us the verdicts, in an attempt to show how even-handed and legalistic they were being. The least they could have done is sorted out the logic of their decisions!

rych

Did you WATCH this rych?

They stated that the Democrats could have been dissolved in the first 1/2 ... that the charges against them were legal charges. They then acquitted them of those charges!

Today was not perhaps the end of the TRT saga ... but it was a valid and well considered decision. They went to pains to explain everything during the whole process. REAL pains! My ass is numb from watching this whole thing!

But luckily I hear a nice beer calling my name!

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How can one party be cleared of electoral fraud because those laws no longer apply post-coup, and at the same time another party found guilty under the same laws being retroactvely applied??

The judges spent 10 hours boring us rather than just publishing the whole document and just giving us the verdicts, in an attempt to show how even-handed and legalistic they were being. The least they could have done is sorted out the logic of their decisions!

rych

The reason for the long and full evidence based verdicts was to clarify that some offences are construed {owing to their execution and intent} under different aspects of the legal system. The Tribunal clarified how it would apply the law during the afternoon session and having, as is its right & function, defined the legal framework then applied that rigorously to the charges placed before it in all cases.

Regards.

/edit clarity//

Concur 100%

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hours of boring talking in TV today.....poor guy

....anyway, does it change anything here?? whats the difference between TRT and the

government ruling Thailand right now??

....business as usual

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> The least they could have done is sorted out the logic of their decisions!

There isn't any. They tried to hide it but I think it's clear to all that this verdict was a done deal and handed down from above to judge Somchai.

Keep in mind, the military doesn't WANT stability. They actually want people in the North and North East to boycott (or vote against) the next constitution.. keeps them in power.

It's been an exceptionally sad day for Thailand, and you know what: we've not hit rock bottom yet.

Well, I figure this charade was scheduled to end so late, most people bored or asleep by now. Earlier was watching TV with some Thais and they just seemed resigned to TRT's fate. Impotence is the general feeling. But if the rulings are truly illogical and inconsistent then I can see TRT being very angry. But it's only 100-odd people barred from office, I'm sure there are people waiting to step into their shoes.

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For all of the sins of Mr Thaksin and TRT, banning a large party is simply a bad precedent, and a step back from democracy.

Are you forgetting that Nong T paid for the party 100% - it was not a democratic entity, it was his personal playpen bought and paid for from the proceeds of a company founded and then expanded on the back of privileged decisions while he was in the Chaovalit cabinet.

The words Nationalist and Socialist were occurring far too often in the TRT circuit for any "western-friendly" government to allow TRT to continue. Comparisons to a certain other party with those qualities, that was also put down by military intervention (on a massive scale) were becoming too common place - domestically and internationally. It had to stop, for the good of the country.

There is an additional subtle message in this decision - the old system of patronage and favour is starting to be closed down, wealth will in future not be the criteria for political office. Corruption is accountable also comes through as a further message in the decision.

Gaz

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Chaturon Chaisang, leader of the disbanded Thai Rak Thai, told party supporters at the party head office that the rulings against the party were unfair.

He said the rulings indicated that the people, who had seized power, could set what was right or wrong.

TRT members should be the first to be familiar with this, after all TRT implemented this way of working.

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Today’s decision of junta appointed court is the worst possible. It makes no sense to talk about legal aspects of the decision taking into account the illegal nature of junta and all institutions it created. But the decision also lacks the elementary logic. The actions of accused two members of Thai Rak party were the result of existing at the time election regulations and the decision of democrats to boycott the elections. In other words, the action of Thai Rak were the implication of the action of Democrats. Another charge regarding dissolution of the parliament is totally absurd: khun Thaksin faced mass demonstrations. He wanted to introduce the state of emergency but it was denied by military commanders. The dissolution of the parliament was a natural step: he simply asked for a new mandate from the electorate. I would characterize the court decision as a farce. Sonthi could simply disband TRT immediately after the coup with the same degree of “legality and logic”.

The general public was willing to accept a more balanced decision: banning certain leading figures in both parties from the political activities for 5 years but keeping parties intact. It would open up the possibility for fair elections in December. Phony elections without the participation of the most popular political party will not resolve deep political crisis in Thailand.

I think we all can agree to one thing: Thailand needs certain degree of stability. The practical question now what are stable equilibria which are attainable from the current political situation. A related question: what are practical ramifications of the current decision. First of all, Sonthi does not look like a man who suppose to retire in three monthes ( I remind that he is planned to retire from his Army post in September).

I found especially amazing the introduction of the so-called Pitak emergency plan. Two major differences between this plan and the previous one: it provides participation of the Army ( and not just a police) in handling emergency situations and secondly Sonthi is in charge of the implementation of the plan. Looks like a typical power grabbing to me.

I personally would not mind if such a plan would have been implemented in deep South. But apparently Sonthi see more enemies in BKK rather than in deep South ( and , in fact, it can be very true in his own case).

It is, of course, not a secret that the major power base for Democrats is in the South (even during landslide victories of TRT in national elections democrats easily carried this region). Interestingly, the major support the junta gets nowdays is in exactly the same region.

General Sonthi is also Southerner ( and muslim as , of course, very well known).

The court ruling create a greater regional division in Thailand between South and North.

Of course, such a division always existed and has deep historical roots but the court ruling elevate it to qualitatively new level. If such division become evident in Armed forces, it may lead to far reaching consequences. Overall, propagation of such division is extremely dangerous and may lead to very serious problems (to put it mildly)

So, what are “stability options” available for Thailand? As I said, phony elections without a participation of the most popular party cannot bring a stability. Thus, I see only two.

  • Popular uprising with swift return to the Constitution of 1997 and fair elections within 6 monthes.

  • Military dictatorship of Burma type.

Somehow, I do not see any signs that the first option is viable. Thus, let us consider the second option. In my opinion, Burma is relatively stable. Of course, it is boycotted by many countries but manage to exist in relative isolation. The major reason for that is the abundance of mineral resources in Burma and availability of several reliable clients (like China and Russia) who are interested in exploiting these resources and supply Burma with everything it needs. Still, overall, the living standards in Burma are quite low. Unfortunately, Thailand has very limited natural resources. It is a global player which depends to significant extent on tourism, export and foreign investments. Nevertheless, Burmese option is possible but the general Thai population would need to accept much lower living standards.

Overall, this sad day manifests, in my view the last Hurrah of Thai elite and, in some sense, demonstrates the degree of its degeneration.

I stand by my (albeit very pessimistic) scenario

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Chaturon Chaisang, leader of the disbanded Thai Rak Thai, told party supporters at the party head office that the rulings against the party were unfair.

He said the rulings indicated that the people, who had seized power, could set what was right or wrong.

TRT members should be the first to be familiar with this, after all TRT implemented this way of working.

So true ! What goes around, comes around..

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"But it's only 100-odd people barred from office, I'm sure there are people waiting to step into their shoes."

Seems simple enough to me to let the next 100 in line run a new party under a new name. Problem is politics. Just like everywhere those on top like being on top. After all it is not about service it's about power. Those top 100 just don't want to give up their status so they will likely voice their opposition to the decision instead of working with the next 100 to rebuild something in its place. It is the same everywhere. How many of us know of politicians "serving their nations" rather than serving themselves?

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THE DEED IS DONE. LET'S GET ON WITH OUR LIVES. IN THE LONG TERM, IS THIS DECISION GOOD FOR THE COUNTRY? THAI LOVES THAI SUGGESTS THAT FARANGS ARE LESS LOVABLE. FARANGS ARE CONTRIBUTORS TO THE GOOD OF THE ECONOMY WHICH IN TURN PUTS THAIS TO WORK. PERHAPS THERE WILL BE A NEW POLITICAL PARTY FORMED INTERESTED IN REAL DEMOCRACY (NOT IN THE DEFINITION OF AMERICAN DEMOCRACY, WHICH IT IS NOT UNDER THE CURRENT KING GEORGE).

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