No Jail Release Yet For Red-Shirt Leader Jatuporn

[webfact]

No jail release yet for Jatuporn

By The Nation

Pheu Thai party-list candidate Jatuporn Promphan will remain in remand until the Election Commission endorses him as a new Member of Parliament and a new parliamentary session begins, the Corrections Department chief said yesterday.

Chartchai Suthiklom, the department's director-general, said his agency would wait for an EC decision on the matter and would abide by the constitutional provision that pro?hibits detention of any MP or senator during a parliamentary session.

"The MP involved has the right to claim such immunity and he has to wait until a new parliamentary session before being entitled to such a right," Chartchai said.

Article 131 of the Constitution states: "No member of the House of Representatives or senator shall, during a session, be arrested, detained or summoned by a warrant for an inquiry as the suspect in a criminal case unless permission of the House of which he or she is a member is obtained or he or she is arrested "in flagrante delicto." The Latin term means being caught in the act of committing an offence.

Jatuporn, who served as a Pheu Thai MP in the previous House of Representatives, is charged along with other red-shirt leaders in connection with last year's unrest and rioting, which left 91 people dead. He has been detained at the Bangkok Remand Prison.

His lawyer Winyat Chartmontri said yesterday that although Jatuporn failed to cast a vote in the election on Sunday he did not think the Election Commission would disqualify his client.

Winyat said he would take the case to the Constitution Court if his client was disqual?ified.

He expected Jatuporn to be released once Parliament starts again.

In a related development, political activist Dr Tul Sitthisomwong said he would petition the EC today to protest against its endorsement of Jatuporn as a new MP. He said Jatuporn failed to qualify for the right to stand in the poll because he lost his political party membership for being in jail on a charge of terrorism.

Meanwhile, red-shirt leader Thida Thawornseth yesterday led more than 500 red shirts to visit Jatuporn and colleague Nisit Sinthuprai at Bangkok Remand Prison. They sang to celebrate Pheu Thai's victory.

Thida said she called on the two red-shirt leaders in remand to tell them "the good news" about the election result.

She said she would talk with the new government about "ensuring justice" for the 91 people killed and more than 2,000 injured during last year's political turmoil. She would call on the new government to find the culprits.

Thida said she deemed outgoing PM Abhisit Vejjajiva responsible for bloody dispersal of the red-shirts last year.

-- The Nation 2011-07-05

[OzMick]

If the EC knocks his MP position on the head, the UDD will scream blue murder (as well as double standards, though it seems to have lost all meaning). His big problem is that PTP are now elected with a comfortable coalition, and bending over backwards to help one man (not THAT one man) may be more trouble than he is worth.

Another serve of fish-head soup, Jatuporn?

[geriatrickid]

If the EC knocks his MP position on the head, the UDD will scream blue murder (as well as double standards, though it seems to have lost all meaning). His big problem is that PTP are now elected with a comfortable coalition, and bending over backwards to help one man (not THAT one man) may be more trouble than he is worth.

Another serve of fish-head soup, Jatuporn?

I can assure you that he is not eating fish head soup. Trust me on that.

The gentleman will remain in custody until such time as the judiciary rules otherwise. The PTP can not change that.

[OzMick]

If the EC knocks his MP position on the head, the UDD will scream blue murder (as well as double standards, though it seems to have lost all meaning). His big problem is that PTP are now elected with a comfortable coalition, and bending over backwards to help one man (not THAT one man) may be more trouble than he is worth.

Another serve of fish-head soup, Jatuporn?

I can assure you that he is not eating fish head soup. Trust me on that.

The gentleman will remain in custody until such time as the judiciary rules otherwise. The PTP can not change that.

Oh really! It seems important to them that they change that position for member #1, lesser mortals can rot. I also have serious doubts that the term gentleman applies to this person.

Edited July 5, 2011 by OzMick

[janverbeem]

or she is arrested "in flagrante delicto." The Latin term means being caught in the act of committing an offence

Skipping bail is actually caught in the act of commiting an offence,not

[IAMSOBAD]

Its been very quiet while monkey boy has been in the BKK Zoo.

I hope his fellow terrorists rejoin him.

Elections should not change the damage done to Thailand by Red Shirt core leaders.

[OzMick]

or she is arrested "in flagrante delicto." The Latin term means being caught in the act of committing an offence

Skipping bail is actually caught in the act of commiting an offence,not

I'm sorry, you think that skipping bail is NOT committing an offence? could you please explain your reasoning as it escapes me?

[pisico]

Funny how Liberals, Democrats and Progressives want to change the rules depending on whether they favor their dysfunctional fanatical beliefs or not.

Example:

There is a white elephant in the middle of the road and if they do not want to see it they will say: What white elephant? Not even after they crash against the massive fact of reality will they accept it as such.

It should be a comfort to all in Thailand (whether Thais, expats or sexpats) that Constitutional law will be adhered to in this and any case.

If he is entitled to immunity, so be it! Grow up and live with it!

Edited July 5, 2011 by pisico

[cougar52]

She said she would talk with the new government about "ensuring justice" for the 91 people killed and more than 2,000 injured during last year's political turmoil. She would call on the new government to find the culprits.

Hear, Hear... Thida, lets not forget "ensuring justice" whether they were Soldiers, Red Shirts, or Black Shirts.

Just remember your party do not like DOUBLE STANDARDS

[Krungbin]

Funny how Liberals, Democrats and Progressives want to change the rules depending on whether they favor their dysfunctional fanatical beliefs or not.

Example:

There is a white elephant in the middle of the road and if they do not want to see it they will say: What white elephant? Not even after they crash against the massive fact of reality will they accept it as such.

It should be a comfort to all in Thailand (whether Thais, expats or sexpats) that Constitutional law will be adhered to in this and any case.

If he is entitled to immunity, so be it! Grow up and live with it!

Let's start from the beginning...

I do believe that the Constitution states that, in order to qualify, any future MP must have cast a vote in the election.

Did JP cast a vote? No.

He therefore does not qualify and as he does not qualify, he cannot claim for immunity...

[janverbeem]

or she is arrested "in flagrante delicto." The Latin term means being caught in the act of committing an offence

Skipping bail is actually caught in the act of commiting an offence,not

I'm sorry, you think that skipping bail is NOT committing an offence? could you please explain your reasoning as it escapes me?

I think you missed on the comma.What I wanted to say was that according to the thai law, as described in the OP , he can not get parliamentary immunity as he was caught in the act of committing an offence when he skipped bail.

Edit to add : IKt was actually that he broke the rules of his bail instead of skipping.Same same but different

Edited July 5, 2011 by janverbeem

[sabaijai]

Arisman's lawyer notified the DSI that Arisman is now ready to surrender, according to a statement the DSI issued today.

[badmedicine]

Huh? Suddenly he had an attack of conscience??

Wonder what could have brought that on?

Edited July 5, 2011 by badmedicine

[badmedicine]

I do believe that the Constitution states that, in order to qualify, any future MP must have cast a vote in the election.

Not that I'm any fan of the person in question, but there's a different btw spirit and letter (of the law). I doubt the constitution article was drawn up with the situation like this in mind. Presumably, the point was to make sure that prospective MPs were active and interested in the political life of the nation, and not just proxies for others who had no right to vote.

Being jailed by the previous gov't for political activities (his defence, not mine), is — I imagine — not what the relevant article intended to cover.

Like i said, do you interpret it in the spirit or the letter of the law? let's act in good faith (even (more so to those that would not grace us with the same generosity), lest we turn into those we despise.

Edited July 5, 2011 by badmedicine

[GentlemanJim]

All very interesting. Thais do not seem to interpret in the spirit of the law, they go for it word by word. If you can lodge a legal claim to have a political party made illegal simply because their advertising banners were 2 inches too big during a campaign then Juttaporn could be in real trouble ...i hope! He may well not get approved. The fact is he did not cast a vote, end of story. I really wonder how much assistance the 'henchmen' are now going to be given. The deed is done and the reds are back in power. The last thing they want now is for their thugs to be on the world stage. I bet Yingluck and her big brother are now going to try and be whiter than white, I mean look at the 5 party coalition government!, totally not needed or called for, but a very very savvy move.

Maybe Thaksin has designs now to cast the thugs aside and let them carry the burden of guilt for what was the 'rouge side' to the party. Arisman could be in for a very nasty shock! LMAO, and quite a few of them could well do jail time. I really dont think they are wanted inside the party. Just a thought. What was that movie called ...? The Expendables!

Edited July 5, 2011 by GentlemanJim

[badmedicine]

@GentlemanJim  

Makes sense in many ways, but loyalty is a big thing in Thailand, even among the political sharks as is the betrayal of it - witness Newin and Bhumjaithai's ostracisation from Yingys (s)elect (and strictly unecessary but very useful) few.  

I agree there are certain wild cards that will be quietly shunted off to the side, particulary those without clout (Dr Weng springs to mind), but Jatuporn and Arisaman will need more careful handling that that, I suspect.

Edited July 5, 2011 by badmedicine

[animatic]

He didn't cast a vote,

so it is a toss up that they CAN certify his MP status.

He doesn't qualify anymore.

The bigger question is:

Those perviously charged with Terrorism on the Red Stage,

that are now possibly to be Party List MPs are PREVIOUSLY charged,

so is MP immunity retroactively applied, or ONLY imposed

on crimes or misdemeanors WHILE DURING term in office.

ie. does their partly list election stop the clock.

Doesn't seem to be a law covering it,

no doubt this will cause months of legal wrangling.

Winning as an appointed party list person almost guaranteed to bde elected,

should not stop pre-existing prosecutions, since they had precedence in the line.

But TIT, who knows how this will play out.

Not enough of them to significantly affect the majority,

but it seems illogical to reward them for crimes committed before they held office

when they were charged in court before even signing up to run for office.

In some cases they signed up to run for election while STILL in jail,

foolishly let out for leave to do so. I think some one will rue the day they made that decision.

And then there's Arisaman.... oh big boy, ready to come home...

he still should go directly to jail... Then sue to get out.

Edited July 5, 2011 by animatic

[Crushdepth]

If the EC knocks his MP position on the head, the UDD will scream blue murder (as well as double standards, though it seems to have lost all meaning). His big problem is that PTP are now elected with a comfortable coalition, and bending over backwards to help one man (not THAT one man) may be more trouble than he is worth.

Another serve of fish-head soup, Jatuporn?

Jatuporn chose to breach his bail conditions. He knew the consequences of that, and has no grounds for complaint.

[whybother]

He didn't cast a vote,

so it is a toss up that they CAN certify his MP status.

He doesn't qualify anymore.

The bigger question is:

Those perviously charged with Terrorism on the Red Stage,

that are now possibly to be Party List MPs are PREVIOUSLY charged,

so is MP immunity retroactively applied, or ONLY imposed

on crimes or misdemeanors WHILE DURING term in office.

ie. does their partly list election stop the clock.

Doesn't seem to be a law covering it,

no doubt this will cause months of legal wrangling.

Winning as an appointed party list person almost guaranteed to bde elected,

should not stop pre-existing prosecutions, since they had precedence in the line.

But TIT, who knows how this will play out.

Not enough of them to significantly affect the majority,

but it seems illogical to reward them for crimes committed before they held office

when they were charged in court before even signing up to run for office.

In some cases they signed up to run for election while STILL in jail,

foolishly let out for leave to do so. I think some one will rue the day they made that decision.

And then there's Arisaman.... oh big boy, ready to come home...

he still should go directly to jail... Then sue to get out.

Forget about the red shirt leaders. What about Yingliuck's potential perjury charges?

[elcent]

Arisman's lawyer notified the DSI that Arisman is now ready to surrender, according to a statement the DSI issued today.

... hahahaha ... he will be claimong the position of the culture minister

[badmedicine]

Forget about the red shirt leaders. What about Yingliuck's potential perjury charges?

Will never stick. Too much of a hot potato now, less someone's prepared to go all the way down the road of civil war.  

You got to figure that all the old, well-known, tried and tested methods of keeping out PT/TRT  at bay are all shot. They'll need to be inventive to crack a 300 member coalition. Remember it wasn't just the dems that lost more seats than last time out, it was Newin's lot too.  

It's a slamdunk win for Thaksin, no two ways about it. Only time will tell how far and how quick they abuse the biggest majority they've ever had. I wouldn't hold out any hopes of any realistic checks and balances.  

Welcome to State Shinawatra...

Edited July 5, 2011 by badmedicine

[letitbe]

Forget about the red shirt leaders. What about Yingliuck's potential perjury charges?

Will never stick. Too much of a hot potato now, less someone's prepared to go all the way down the road of civil war.

You got to figure that all the old, well-known, tried and tested methods of keeping out PT/TRT at bay are all shot. They'll need to be inventive to crack a 300 member coalition. Remember it wasn't just the dems that lost more seats than last time out, it was Newin's lot too.

It's a slamdunk win for Thaksin, no two ways about it. Only time will tell how far and how quick they abuse the biggest majority they've ever had. I wouldn't hold out any hopes of any realistic checks and balances.

Welcome to State Shinawatra...

+1 State Shinawatra is totally correct but im alright jack so ho cares oh sorry some of you Taksin supporters thought it was not about 1 man what a shame

[phiphidon]

Forget about the red shirt leaders. What about Yingliuck's potential perjury charges?

Will never stick. Too much of a hot potato now, less someone's prepared to go all the way down the road of civil war.

You got to figure that all the old, well-known, tried and tested methods of keeping out PT/TRT at bay are all shot. They'll need to be inventive to crack a 300 member coalition. Remember it wasn't just the dems that lost more seats than last time out, it was Newin's lot too.

It's a slamdunk win for Thaksin, no two ways about it. Only time will tell how far and how quick they abuse the biggest majority they've ever had. I wouldn't hold out any hopes of any realistic checks and balances.

Welcome to State Shinawatra...

+1 State Shinawatra is totally correct but im alright jack so ho cares oh sorry some of you Taksin supporters thought it was not about 1 man what a shame

Interesting that you mention the "old, well-known, tried and tested methods" of keeping the PTP/TRT at bay are all shot. Presumably the ones about dissolution of parties or the more recent Democrat idea / Army / DSI practical application of using certain laws as a political tool. It will be more interesting to note if the number of said cases decreases in the future.

If you're not holding any hopes of any realistic checks and balances what is the point of having an opposition - THAT's what they are there for. Perhaps they could learn to do it in the old fashioned way and debate instead of using every trick in the book to incapacitate their opponents - and even now some of you are talking about nobbling the prime minister delegate before she's even had a chance of being sworn in. Good luck with that. The PTP gained a majority over the democrats and are gaining a larger one, after a plain to see, well reported meeting in an hotel - far more suitable to the birth of a new government than an army barracks. Get over it.