All Legal Traces Of 2006 Coup Should Be Removed: Thai Academics

[webfact]

All legal traces of 2006 coup should be removed: academics

By Samatcha Hunsara,

Pravit Rojanaphruk

The Nation

'Decrees should be revoked, charter rewritten subject to a referendum'

Legal scholars, known as the Nitirat Group, issued a statement yesterday calling for the expunging of all records and judicial decisions originating from the 2006 coup, as Thailand marks the fifth anniversary of the military takeover amid lingering concern about the armed forces' role in politics.

The group, led by Thammasat University law lecturer Worachet Pakeerut, outlined steps it said could restore the country as if the seizure of power had never happened.

In the first step, all decrees and actions taken by the junta should be nullified. To accomplish this, the government should undertake to:

- declare a cancellation of the coup and the junta's decrees and actions from Sept 19 to Sept 30, 2006 before installation of the transitional government;

- declare Articles 36 and 37 of the 2006 Interim Constitution null and void, to end sanction of the coup;

- declare a revocation of all judicial decisions by the Supreme Court and the Constitution originated by coup decrees;

- declare the termination of all legal proceedings initiated by the Assets Examination Committee;

- expunge records not tantamount to a pardon or an amnesty under which the accused can still be prosecuted under due process;

- rewrite the charter subject to a referendum.

For the second step, Article 112 of the Criminal Code should be revised to ensure a balance between any offence against the monarchy and the punishment.

For the third step, the government should ensure the restoration, including compensation payments, for victims of political violence that resulted from the coup. The blanket amnesty should not be enforced with an ulterior motive to help perpetrators of violence. But all suspects should be able to avail themselves of due process.

In the fourth and final step, the Constitution should be repealed due to its link to the coup. The charter rewrite should be based on four suspended charters - two promulgated in 1927, one in 1946 and one in 1997.

The draft charter should be put to a referendum vote before the promulgation.

On Saturday, the red shirts held a symposium to reiterate their stance against military intervention in politics and warned that the 2006 coup that toppled Thaksin Shinawatra was unlikely to be the last.

Thammasat economist Assoc Prof Pichit Likhitkijsomboon, a staunch supporter of Thaksin, claimed coupmakers might this time act under the pretext of martial law after forging a war with a neighbouring country.

Pheu Thai party-list MP Col Apiwan Wiriyachai, another panellist at the event organised at the Royal Hotel by the June 24 Group for Democracy and Thailand Mirror, urged the Thai public to rise against any future coup. Apiwan told red shirts to be vigilant. "The next three to four years will be crucial," he said. Apiwan also launched fierce attacks on Privy Council president General Prem Tinsulanonda.

Pichit claimed a new charter to replace the junta-sponsored 2007 charter was necessary to do away with unchecked power of the "elites" in the Senate and various so-called independent organisations.

Pol General Ajiravid Subarnbhesaj, a former deputy police chief, urged the judicial system to refuse to recognise any future coup makers as legitimate.

The panel concluded that a "time-frame" for ousting the Yingluck administration may be six months.

-- The Nation 2011-09-19

[sfbandung]

"The panel concluded that a "time-frame" for ousting the Yingluck administration may be six months."

? Are they predicting or planning?

[siampolee]

Pheu Thai party-list MP Col Apiwan Wiriyachai, another panellist at the event organised at the Royal Hotel by the June 24 Group for Democracy and Thailand Mirror, urged the Thai public to rise against any future coup. Apiwan told red shirts to be vigilant. "The next three to four years will be crucial," he said. Apiwan also launched fierce attacks on Privy Council president General Prem Tinsulanonda.

So here we see the true agenda behind this farce of a meeting designed and planned to assist Thaksin, his family and all their little brown nosed acolytes in his pursuit of power and the further plundering of Thailand.

Note the blatant urging Pheu Thai party-list MP Col Apiwan Wiriyachai, of openly trying to stir up civil unrest in this relentless pursuit of power.

Indeed this country and the fate of its peoples that awaits it in the clutches of P.T.P ( Personal Thaksin Property) party is indeed troublesome.

Any means possible to return Thaksin his family and their brown nosed acolytes will be fuelled on the pile of carcasses of innocent Thai people as the statements emanating from this " academic farce of a meeting ( Thasin rules meeting) show so plainly.

[patjem]

You can't change history. It happened, and given that parliament had been dissolved, but an election had failed to take place, whilst Khun_T continued to hold on to power, at some point, something had to be done to set the wheels back into motion. It would be far worse if this scenario would not be possible, indicating that a party or leader be above the law and is allowed to act however they choose and that thay can 'get away with it'. Elections were held afterwards..... no blood was spilled. Compare this event to the red rally of 2010, which DID cause loss of life and disruption to many. It was not necessary in order to ensure an election, which the last government called early by their own accord.

[nurofiend]

Bahahahahaha!!!!!

[soundman]

I have removed all the previous posts regarding HM, so the confusion created by one member's non-comprehension of another member's post does not get us all in trouble.

[OzMick]

"Pichit claimed a new charter............ was necessary to do away with................. various so-called independent organisations."

Let me guess.........the courts and corruption commissions and committees perhaps?

"... Assoc Prof Pichit Likhitkijsomboon, a staunch supporter of Thaksin, claimed coupmakers might.... act .....after forging a war with a neighbouring country."

Hmmm......Myanmar to get them paying back Thaksin's gift loan, or Cambodia for aiding in the destabilisation of the previous government?

[Ricardo]

Does this mean that the lawyers deny the legitimacy, of any administration or Prime Minister since April 2006, when former-PM Thaksin resigned ? That would surely seem to be a bit of a 'judicial coup', were it to be accepted ? Now whose interests would all this serve ?

[serenitynow]

Does this mean that the lawyers deny the legitimacy, of any administration or Prime Minister since April 2006, when former-PM Thaksin resigned ? That would surely seem to be a bit of a 'judicial coup', were it to be accepted ? Now whose interests would all this serve ?

Theoretically, wouldn't one want to go back to 2001 to redress all extra-constitutional activities surrounding the Thaksin administration. Surely the self admitted false verdict of the court in Thaksin's asset concealments case is the starting point.

[serenitynow]

Mao broke the chain too. Can you remember how many tens of millions died?

So don't adapt to change failing systems because of chairman mao....

I'm all for changing failing systems, what I'm against are carrion feeders who thrive amidst failing systems and accelerate the speed to when failed state status is reached.

[jayboy]

Hmmm......Myanmar to get them paying back Thaksin's gift loan,...

Care to explain what you mean by this? Your wording suggests you haven't any idea how export credit loans work, and why.Your suggestion Burma isn't repaying the facility is simply wrong.

The Thai-Exim Bank, whose task is to promote Thai exports, agreed an export credit facility to Burma.Part of this was in relation to Thaksin's telecommunications business, hardly surprising given its size and positive impact on Thai jobs and economic production.The loan was honoured on the Burmese side, with capital and interest being paid in full.There was no "gift".

A legitimate criticism is that Thaksin should have kept scrupulously away from the decision making process.This he manifestly failed to do, and is typical of his tenure.The irony is that if he had done the right thing (declaring an interest, and making sure the Export Import Bank's process was independent) the facility probably would have been approved.

The suggestion however that this was a heinous crime is however absurd.It was seized on by his political enemies as one of the charges against him, though I don't think it has ever been brought to court.

[nurofiend]

Mao broke the chain too. Can you remember how many tens of millions died?

So don't adapt to change failing systems because of chairman mao....

I'm all for changing failing systems, what I'm against are carrion feeders who thrive amidst failing systems and accelerate the speed to when failed state status is reached.

well who isn't?

[OzMick]

Hmmm......Myanmar to get them paying back Thaksin's gift loan,...

Care to explain what you mean by this? Your wording suggests you haven't any idea how export credit loans work, and why.Your suggestion Burma isn't repaying the facility is simply wrong.

The Thai-Exim Bank, whose task is to promote Thai exports, agreed an export credit facility to Burma.Part of this was in relation to Thaksin's telecommunications business, hardly surprising given its size and positive impact on Thai jobs and economic production.The loan was honoured on the Burmese side, with capital and interest being paid in full.There was no "gift".

A legitimate criticism is that Thaksin should have kept scrupulously away from the decision making process.This he manifestly failed to do, and is typical of his tenure.The irony is that if he had done the right thing (declaring an interest, and making sure the Export Import Bank's process was independent) the facility probably would have been approved.

The suggestion however that this was a heinous crime is however absurd.It was seized on by his political enemies as one of the charges against him, though I don't think it has ever been brought to court.

"

A conflict of interest (COI) occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other.

A conflict of interest can only exist if a person or testimony is entrusted with some impartiality; a modicum of trust is necessary to create it. The presence of a conflict of interest is independent from the execution of impropriety. Therefore, a conflict of interest can be discovered and voluntarily defused before any corruption occurs."

Throw in all the "ifs" and "probablys" you like, it still fits my definition of corruption. IF he had recused himself, the implication that he may have influenced the decision would still be there, the point is he didn't care.

The loan is usually referred to as "soft," hence my assumption below market interest rates, or am I wrong?

[serenitynow]

Mao broke the chain too. Can you remember how many tens of millions died?

So don't adapt to change failing systems because of chairman mao....

I'm all for changing failing systems, what I'm against are carrion feeders who thrive amidst failing systems and accelerate the speed to when failed state status is reached.

well who isn't?

Apparently about 48% of those who voted in the last election and quite a few posters here.

The Democrats were far from perfect, especially as they were not a majority and had to form a coalition of convenience. What they did do was BEGIN to take education seriously and also issues concerning re-distribution of wealth and debt reform against fuedal loansharks. Policies that people who identify themselves as Red Shirts said they prefer when presented with them but not told from where they originated.

The ship of state takes a long time to make a turn around (probably a generation) but it was a start. That glimmer of hope has now been replaced by a Captain Queeg type at the helm heading full speed for the rocky shoals. There are enough lifeboats for the elites, both the longstanding ones and the newer ones, but there won't be any for anyone else.

[nurofiend]

So don't adapt to change failing systems because of chairman mao....

I'm all for changing failing systems, what I'm against are carrion feeders who thrive amidst failing systems and accelerate the speed to when failed state status is reached.

well who isn't?

Apparently about 48% of those who voted in the last election and quite a few posters here.

ridiculous comment

[Lite Beer]

A post containing thinly veiled references to The Monarchy has been removed.

Posts replying have been removed or edited. Apologies to those replies.

[DP25]

What is that some posters on here dont understand. The Feudal system that has ruled Thailand for decades is in its death throes.

Thaksin and his red shirt movement are the EPITOME of a fuedal system and what they are doing is strengthening it. Their entire political base in Isaan is founded on lord, vassal, serf system in which entire regions are controlled by corrupt local vassals (who have been in power for decades and in often inheritable positions) pledging fealty to their lord (Thaksin) and even offering their serfs up as levies to fight against his enemies in exchange for a permanent place at the trough and freedom to do as they please within their fief

[serenitynow]

What is that some posters on here dont understand. The Feudal system that has ruled Thailand for decades is in its death throes.

Thaksin and his red shirt movement are the EPITOME of a fuedal system and what they are doing is strengthening it. Their entire political base in Isaan is founded on lord, vassal, serf system in which entire regions are controlled by corrupt local vassals (who have been in power for decades and in often inheritable positions) pledging fealty to their lord (Thaksin) and even offering their serfs up as levies to fight against his enemies in exchange for a permanent place at the trough and freedom to do as they please within their fief

What made TRT and subsequent puppet parties so effective is that Thaksin bought up each of these fuedal lords and their promised votes prior to elections and put them under the umbrella of one party. Many many factions in a Thaksin lead party, but as long as he kept the fuedal lords head in the trough they delivered the votes for him. The relationship between Thaksin and the voter is far less than imagined. It is between the voter and their local puyai and the local puyai and Thaksin.

[jayboy]

Throw in all the "ifs" and "probablys" you like, it still fits my definition of corruption. IF he had recused himself, the implication that he may have influenced the decision would still be there, the point is he didn't care.

The loan is usually referred to as "soft," hence my assumption below market interest rates, or am I wrong?

You simply emphasize again you don't understand export credit business.Export credit loans are always "soft", ie below commercial banking rates or even interest free.That's the whole point, namely to encourage foreign countries to buy one's own country's goods and services.

Whether the process could have been fair even if Thaksin had played by the rules is a very reasonable point.In other words difficult for ministers, banking officials and civil servants to turn down an application associated with Thaksin given the climate of that time.Difficult to get around when the PM is a major industrialist, even in a country where transparency and governance is better than in Thailand.

[siampolee]

Nurofiend # 12

The Democrats were far from perfect, especially as they were not a majority and had to form a coalition of convenience

Let us bring the comment you made up to date.

The Democrats P.T.P. (Personal Thaksin Property) were are far from perfect, especially as they were not a majority and had to form a coalition of convenience.

[JurgenG]

Nurofiend # 12

The Democrats were far from perfect, especially as they were not a majority and had to form a coalition of convenience

Let us bring the comment you made up to date.

The Democrats P.T.P. (Personal Thaksin Property) were are far from perfect, especially as they were not a majority and had to form a coalition of convenience.

Let us bring the comment you made up to reality

Total number of seats in the House of Representatives : 500

Total number of seats won by Pheu Thai : 265

What part of "clear majority" you don't understand ?

[siampolee]

If the P.T.P ( Thaksin Personal Property ) were comfortable with a majority of fifteen which is a slender one, that majority would have been diminished to zero via cabinet positions.

Hence it became a matter of survival to form a coalition, money talks

Remember Banharans comment? " If you are in opposition no money comes your way.

Nor of course a return ticket to a country either.

The National vote did not give the P.T.P. (Thaksin Personal Property ) a majority vote in case you hadn't noticed.

Edited September 19, 2011 by siampolee

[Siripon]

Hmmm......Myanmar to get them paying back Thaksin's gift loan,...

Care to explain what you mean by this? Your wording suggests you haven't any idea how export credit loans work, and why.Your suggestion Burma isn't repaying the facility is simply wrong.

The Thai-Exim Bank, whose task is to promote Thai exports, agreed an export credit facility to Burma.Part of this was in relation to Thaksin's telecommunications business, hardly surprising given its size and positive impact on Thai jobs and economic production.The loan was honoured on the Burmese side, with capital and interest being paid in full.There was no "gift".

A legitimate criticism is that Thaksin should have kept scrupulously away from the decision making process.This he manifestly failed to do, and is typical of his tenure.The irony is that if he had done the right thing (declaring an interest, and making sure the Export Import Bank's process was independent) the facility probably would have been approved.

The suggestion however that this was a heinous crime is however absurd.It was seized on by his political enemies as one of the charges against him, though I don't think it has ever been brought to court.

It was alleged the loan was increased from 3 to 4 billion baht as the Burmese were buying Shin Corp equipment and the interest rate the Burmese had to pay on the 5 billion baht loan was reduced from 4.5 to 3 % .

Surakiat gave evidence recently about the case but of course they're waiting for Thaksin to return.

[jayboy]

Hmmm......Myanmar to get them paying back Thaksin's gift loan,...

Care to explain what you mean by this? Your wording suggests you haven't any idea how export credit loans work, and why.Your suggestion Burma isn't repaying the facility is simply wrong.

The Thai-Exim Bank, whose task is to promote Thai exports, agreed an export credit facility to Burma.Part of this was in relation to Thaksin's telecommunications business, hardly surprising given its size and positive impact on Thai jobs and economic production.The loan was honoured on the Burmese side, with capital and interest being paid in full.There was no "gift".

A legitimate criticism is that Thaksin should have kept scrupulously away from the decision making process.This he manifestly failed to do, and is typical of his tenure.The irony is that if he had done the right thing (declaring an interest, and making sure the Export Import Bank's process was independent) the facility probably would have been approved.

The suggestion however that this was a heinous crime is however absurd.It was seized on by his political enemies as one of the charges against him, though I don't think it has ever been brought to court.

It was alleged the loan was increased from 3 to 4 billion baht as the Burmese were buying Shin Corp equipment and the interest rate the Burmese had to pay on the 5 billion baht loan was reduced from 4.5 to 3 % .

Surakiat gave evidence recently about the case but of course they're waiting for Thaksin to return.

I have little doubt this is all correct, specifically that Thaksin put pressure on Eximbank to get the loan amount increased, the interest rate reduced and perhaps to get the telecoms sector qualifying (which it didn't under a regional agreement).This is all grist to the mill, and similar rows about export credits can be seen between government departments round the world.If say Siam Cement was competing for a bid against say Indian competition, there would be similar debates between government departments looking to bend the rules to secure the Thai contract.Very messy though not as I say a terrible crime on Thaksin's part, just self serving.Didn't remember Surakiat kicking up a fuss at the time - oh, yes wasn't he half way up Thaksin's posterior in connection with his ludicrous UN bid sponsored by His Master.

[rubl]

I have little doubt this is all correct, specifically that Thaksin put pressure on Eximbank to get the loan amount increased, the interest rate reduced and perhaps to get the telecoms sector qualifying (which it didn't under a regional agreement).This is all grist to the mill, and similar rows about export credits can be seen between government departments round the world.If say Siam Cement was competing for a bid against say Indian competition, there would be similar debates between government departments looking to bend the rules to secure the Thai contract.Very messy though not as I say a terrible crime on Thaksin's part, just self serving.Didn't remember Surakiat kicking up a fuss at the time - oh, yes wasn't he half way up Thaksin's posterior in connection with his ludicrous UN bid sponsored by His Master.

The interesting part is "Very messy though not as I say a terrible crime on Thaksin's part, just self serving". A Prime Minister is not supposed to be self-serving. He stands above such things, or at least should. If he doesn't he will be accused, prosecuted and if sufficiently clear sentenced.

As for the defamation on k. Surakiat, read a bit about him, I'd say:

http://www.reference.com/browse/surakiat+secretarygeneral

[jayboy]

I have little doubt this is all correct, specifically that Thaksin put pressure on Eximbank to get the loan amount increased, the interest rate reduced and perhaps to get the telecoms sector qualifying (which it didn't under a regional agreement).This is all grist to the mill, and similar rows about export credits can be seen between government departments round the world.If say Siam Cement was competing for a bid against say Indian competition, there would be similar debates between government departments looking to bend the rules to secure the Thai contract.Very messy though not as I say a terrible crime on Thaksin's part, just self serving.Didn't remember Surakiat kicking up a fuss at the time - oh, yes wasn't he half way up Thaksin's posterior in connection with his ludicrous UN bid sponsored by His Master.

The interesting part is "Very messy though not as I say a terrible crime on Thaksin's part, just self serving". A Prime Minister is not supposed to be self-serving. He stands above such things, or at least should. If he doesn't he will be accused, prosecuted and if sufficiently clear sentenced.

As for the defamation on k. Surakiat, read a bit about him, I'd say:

http://www.reference.com/browse/surakiat+secretarygeneral

I don't disagree that Thaksin should be called to account on this.It's just that in the scheme of things the charge isn't that serious.(The serious charges against him were buried because they implicated his accusers).

As to Surakiat his UN ambition, sponsored and encouraged by Thaksin was a joke.There's no defamation involved.

[james24]

Erasing history... wow now this place is worse than I thought

[surangw]

good plan, make Thailand's written history even more fictitious

[rametindallas]

What is that some posters on here dont understand. The Feudal system that has ruled Thailand for decades is in its death throes.

Thaksin and his red shirt movement are the EPITOME of a fuedal system and what they are doing is strengthening it. Their entire political base in Isaan is founded on lord, vassal, serf system in which entire regions are controlled by corrupt local vassals (who have been in power for decades and in often inheritable positions) pledging fealty to their lord (Thaksin) and even offering their serfs up as levies to fight against his enemies in exchange for a permanent place at the trough and freedom to do as they please within their fief

You are 100% correct.

[webfact]

Plan to expunge coup moves backed

By The Nation

Support for call to erase court, legal decisions from Sept 2006

Government figures yesterday threw their support behind a proposal by a group of legal scholars to expunge all records and judicial decisions originating from the 2006 coup.

They said implementing the proposal could lead to social reconciliation and get rid of a negative legacy of the coup blamed as a cause of the ongoing political conflict.

The coalition's chief whip, Udomdej Ratanasathien, who is a Pheu Thai MP, said that the government and the ruling party would look into the proposal.

"It is an interesting proposal that deserves attention. The government can use this proposal in an attempt to bring about reconciliation to society," he said.

Pheu Thai MP and red-shirt leader Korkaew Pikulthong praised the legal scholars for their "courage" in making such a proposal.

He said the proposal to act as if all the legal cases resulting from the coup had never happened was "not extreme", when compared to staging a coup. "The coup is already most extreme. Article 309 of the Constitution has caused many problems," he said.

The final article of the charter states that all acts "recognised in the post-coup Interim Constitution of 2006 as lawful and constitutional, including acts performed prior to or subsequent to the date of the promulgation of the Constitution, shall be deemed constitutional under this Constitution."

The provision is viewed as providing protection to the coup-makers and the committees they set up after the coup.

"The proposal by the Nitirat Group will help unlock [the problems caused by the coup]," Korkaew said.

The legal scholars' group, known as Nitirat (Citizens of Law), outlined steps it said could restore the country as if the seizure of power had never happened. The proposal called on the government to nullify all decrees and actions taken by the coup-makers, revoke all court decisions originating from post-coup decrees, and terminate all legal proceedings initiated by the post-coup Assets Examination Committee (AEC).

Investigation by the AEC, which was set up by the coup-makers, led to court cases against figures in the government of Thaksin Shinawatra, which was accused of corruption and abuse of power.

One case led to a two-year imprisonment sentence against Thaksin, who has been in self-exile overseas escaping the jail term.

Deputy Prime Minister Chalerm Yoobamrung yesterday said that although he agreed with the law scholars' proposal, he believed it would be difficult to implement. "However, anything could happen if most people in the country agree," he added.

He also said that for the government, constitutional amendment was not a priority. "The urgent matters are to solve the problems of drugs, poverty and corruption," he said.

-- The Nation 2011-09-20