A Call For Accountability By Law Professor

[Lite Beer]

HEADLINE MAKER

A call for accountability

Pravit Rojanaphruk

The Nation on Sunday

Law professor Worachet Pakeerut, a key member of the Nitirat group, explains why he is calling for the legal actions of 2006 makers to be nullified

Two weeks ago, on September 19, as Thailand marked the fifth anniversary of the coup that ousted former prime minister Thaksin Shinawatra from power, a group of academics, known as the Nitirat group, called a press conference to call for the expunging of all records and judicial decisions originating from the 2006 coup, the drafting a new charter, as well the amendment of the controversial lese majeste law by making it less draconian.

At the centre of the current political storm as to what should be done about the numerous "legal" legacies of the coup makers is Worachet Pakeerut, leader of the seven Thammasat University law lecturers making up the group.

Worachet is regarded by his supporters as a beacon of hope for democracy. His detractors on the other hand see him and his peers as a Trojan horse who seek to whitewash Thaksin while invoking high legal ground and undermining the monarchy.

The amount of attention that's been focused on Worachet and the group as well as the public debate on the merit of their proposals has come as something of a surprise to the soft-spoken 42-year-old bespectacled associate professor of public law.

"It's a sign that society is alert to democracy though," Worachet says, sitting in his small room at the university's Law Faculty where he has been teaching for the past 12 years. Thailand, Worachet explains, is witnessing a clash between people with two starkly different paradigms. And he believes he's solidly in the camp of democracy and the rule of law and not the other "camp" of arbitrary rule of the coup makers with their tanks and guns and the unelected "virtuous" elite.

The group's aim is simple, Worachet says: To reduce, if not put an end to any threat of future military coups that plague Thai society by undoing the laws passed by the coup makers, thus making potential coup makers understand that their legacies won't last.

This way, Worachet says, "if they're going to stage a coup [again] they will have to perpetually rule by tanks and guns."

Some of those who collaborated in the drafting of the 2007 junta-sponsored charter, among them Squadron Leader Prasong Soonsiri, have already warned that by pushing the army, Nitirat, which Worachet translates as "Legal Science for the People" group, could unintentionally trigger another coup.

Worachet discounts the fear as too hypothetical and distant. His task now, he says, is to try even harder to convince the public that he's not taking any money or orders from Thaksin.

"Nobody can tell me or our group what to do," insists the lecturer-cum-activist. Worachet also defends the timing of his action, which comes not long after the Yingluck Shinawatra government assumes power and just as pro-government red shirts are trying to exonerate Thaksin by seeking a royal pardon.

"I am not related to Thaksin but if I have to worry about whether Thaksin will benefit from our proposals or not, then I won't be able to do anything at all. We have to remember that Thaksin was ousted by the coup," he says, adding that Thaksin can then face a "fair" and regular legal procedure, unlike when the junta-appointed Asset Examination Committee was made up with nemeses of the ex PM.

If Thaksin is obviously corrupt, Worachet reckons, he won't be able to escape normal judicial scrutiny.

Worachet insists that the people, as holders of sovereign power, must be able to legally undo undemocratic legal actions made by the coup makers. "What's unjust should be able to be undone. What the coup makers did was not due process of law."

The scholar is well aware, however, that just outside the door of his tiny room, many fellow law lecturers have no qualms supporting the coup makers as they continue to see it as a "solution" for Thai politics. One lecturer hated him so much he sent a letter telling others that Worachet should move to Dubai or Montenegro to be with the self-exiled Thaksin.

He insists that the problem with Thai democracy isn't the lack of education or consciousness among the less-educated poor but the "consciousness" among the educated elite that they stand "to gain less from a democratic system as compared to other systems".

Such a stance hasn't stopped some parents telling their children not to study under him because he is "red", however.

"How am I red? I just adhere to democracy and the rule of law. At the university, most administrators are "yellow" so I'm pushed into being "red"," he explains.

Asked if he wouldn't prefer a quiet life as a law lecturer rather than being a controversial figure who is loved and hated by different groups, Worachet, who studied for his masters and doctorate of public law at Germany's Goettingen University under the prestigious Ananda Mahidol scholarship, becomes pensive.

"I realise that society severely lacks structural justice and isn't as democratic as it should be. To sit and enjoy books by oneself, wouldn't that be rather cruel to society?"

Another reason, he says, is that he studied and teaches public law, a discipline directly related to how the state is organised and a contemporary challenge to Thai society.

He's also learned not to pay too much attention to the verbal attacks against him.

"I want to say to society that they don't need to fear that I would accept money to please anyone. I'm not capable of that," insists Worachet, who used to criticise Thaksin until he realised that the yellow shirts were willing to have a coup or call for a royal intervention to oust the then prime minister.

Last Sunday, the lecture room where Nitirat held a press conference was filled with hundreds of people, among them, Worachet says, a man who had travelled all the way from the northern province of Phayao to Bangkok just to hear him speak at Thammasat.

"How can I betray people like that?"

-- The Nation 2011-10-02

[whybother]

The AEC didn't find Thaksin guilty and convict him of anything. They just found the evidence for the courts to do that.

[yumidesign]

this man is far too naive for the countries good

[scorecard]

this man is far too naive for the countries good

And is doing no favors whatever to his profession in terms of their credibility and professionalism, and to gaining the trust of the polulace at large.

His group are all senior law lecturers, their every word contributes to the values and morals of their students.

They should be ashamed of themselves and should be publicly shamed.

[Thaddeus]

Last Sunday, the lecture room where Nitirat held a press conference was filled with hundreds of people, among them, Worachet says, a man who had travelled all the way from the northern province of Phayao to Bangkok just to hear him speak at Thammasat.

"How can I betray people like that?"

Easily, fairly common occurrence around here.

[cardholder]

Last Sunday, the lecture room where Nitirat held a press conference was filled with hundreds of people, among them, Worachet says, a man who had travelled all the way from the northern province of Phayao to Bangkok just to hear him speak at Thammasat.

"How can I betray people like that?"

If it's a quiz, I will go for:-

'With just a little practice'

(note - there can't be much to do in Phayao)

Edited October 2, 2011 by cardholder

[timewilltell]

Hmm - sounds very reasonable except there is no justice where those in parliament select the judges who will hear the cases that affect the very members of that parliament. Control over judges should not fall to parliament to muster.

There's a case for the constitution to be revised - in fact it is so badly constructed it probably needs annual revision - how you do that without pandering to draft it so it helps the current party in power I really cannot imagine. As for quashing any judgements since the coup - that is plain stupid - make provision for them to be appealed by all means but just quashing them sounds exactly like he is targetting Thaksin - and by so doing weakening his position.

I vote for amending the constitution and the lese majeste law - both of which have their plus points. Whether the plus points remain just that or whether they are hijacked by the current lot in power to become minus points is the real problem.

[OzMick]

"If Thaksin is obviously corrupt, Worachet reckons, he won't be able to escape normal judicial scrutiny."

Unless of course, the police (with his BIL in charge) refuse to investigate.

Or the Attorney General appointed by his sister decides not to prosecute.

Or the judges, admitting that they know he is guilty, refuse to convict.

[lifeisthefun]

Respect to A. Worachet. In Thaksin's time he actually protested some of the Govt.'s highhanded actions. The guy just wants this country to be lawful democracy. Naive? Well, maybe, but personally I would trade a horde of cynical pols for a few naive activists.

[serenitynow]

Respect to A. Worachet. In Thaksin's time he actually protested some of the Govt.'s highhanded actions. The guy just wants this country to be lawful democracy. Naive? Well, maybe, but personally I would trade a horde of cynical pols for a few naive activists.

I really like the sentiments expressed by the Thammasat professor, but surely, he more than most people should be aware that the "Rule Of Law" upon which democracy hinges is not to be found here. First things first.

[serenitynow]

Anand : We must fight absolute control

Former PM fears poor understanding of democracy opens way to tyranny

Former prime minister Anand Panyarachun yesterday called on all Thais to fight against any move to bring the government, court and legislature under the control of one person or group.

During a fund-raising event related to the 1992 pro-democracy uprising at the Montien Riverside Hotel, Anand said the spirit of democracy must be backed up by true understanding of how it works. He cited Adolf Hitler as an example of how one man can use "democracy" to work his way to absolute control.

http://www.nationmul...l-30166687.html</H2>

Edited October 2, 2011 by serenitynow

[Siam Simon]

Anand : We must fight absolute control

Former PM fears poor understanding of democracy opens way to tyranny

Former prime minister Anand Panyarachun yesterday called on all Thais to fight against any move to bring the government, court and legislature under the control of one person or group.

During a fund-raising event related to the 1992 pro-democracy uprising at the Montien Riverside Hotel, Anand said the spirit of democracy must be backed up by true understanding of how it works. He cited Adolf Hitler as an example of how one man can use "democracy" to work his way to absolute control.

http://www.nationmul...l-30166687.html</H2>

Let me think about this....We've just had a new government formed from winning an almost unprecedented outright majority in a general election. The previous government was formed at a military barracks by the military, issuing orders to 'invited' MP's to form a coalition that begat the last government. Seems to me that democracy's moving in the right direction at the mo. That's the problem with political dinosaurs such as Anand: They live in the past, where the masses were kept in the dark and fed bs.

[rubl]

Anand : We must fight absolute control

Former PM fears poor understanding of democracy opens way to tyranny

Former prime minister Anand Panyarachun yesterday called on all Thais to fight against any move to bring the government, court and legislature under the control of one person or group.

During a fund-raising event related to the 1992 pro-democracy uprising at the Montien Riverside Hotel, Anand said the spirit of democracy must be backed up by true understanding of how it works. He cited Adolf Hitler as an example of how one man can use "democracy" to work his way to absolute control.

http://www.nationmul...l-30166687.html

Let me think about this....We've just had a new government formed from winning an almost unprecedented outright majority in a general election. The previous government was formed at a military barracks by the military, issuing orders to 'invited' MP's to form a coalition that begat the last government. Seems to me that democracy's moving in the right direction at the mo. That's the problem with political dinosaurs such as Anand: They live in the past, where the masses were kept in the dark and fed bs.

Dear Simon, search for the recent remark by k. Thaksin about his 2005 majority (probably May or June 2011). He said it doesn't work that well in Thailand.

With the Pheu Thai spokesman coming with an accusation of a conspiracy to overthrow the government just hours after PM Yingluck's (personal) twitter account was hacked indicates that democracy seems to move in the wrong direction in Thailand.

[Siam Simon]

Up to you, uncle. wb, btw.