Constitution Court Disqualifies Red Shirt Co-Leader Jatuporn Of MP Status

[webfact]

PM: Not yet decided whether Jatuporn to be minister, will discuss with legal team; no comment on report ex-PM Thaksin plans to apply for Pheu Thai membership /MCOT

[Thai at Heart]

MPs.

Oh the hilarity. The point of immunity in most of the world was to make it impossible to sue an parliamentarian for defamation in the parliament house. Thus, he is completely free to speak his mind about issues. The second idea in parts of the world was to protect a parliamentarian from being faced with blackmail to vote a certain way under fear of prosecution.

Thus in Thailand, in their own inimitable way they have created the worst of both worlds. MP's without ministerial responsibilities are completely protected from even the most serious crimes, but ministers (who are appointed) and are wanted in the parliament because they may well have a very specific skills that are needed in the parliament, are not automatically protected from prosecution despite having the very serious responsibility of actually managing the country.

[JohnAllan]

Well, well, well.

Now let's see if he really does accept the verdict, or not . . .

[Buchholz]

Yes and no.

Once it gets to the courts the long seedy arms of big money no longer hold as much sway. But those branches of justice still under the government of the day appointed Minster of Justice,

can still be tweaked to suit the needs of the power broker of the moment.

That is why the LM was dropped,

but this MP status case had passed by the Justice Ministers domain

via the EC, and direct to the less manipulatable courts, and we see the result.

This is good news, even if he will just be slid into a cabinet seat.

But even better news because this UN-stalls his immunity provided prosecutions for other things. Some of which may well be too large to quash, even with huge amounts of money in play.

I believe the Constitutional Court has 15 members - 7 from the Judiciary and 8 from the Senate

There are 9 judges (including one President) on the Constitutional Court.

http://www.constitut...ional Court.pdf

see the Wiki - may be incorrect - http://en.wikipedia.org/wiki/Constitutional_Court_of_Thailand

Says 15 and the court is part of the "Judicial Branch of the Government".

It may well be that cases are heard by 8 or 9 members - but that is not the whole court.

The wiki report describes the 15 in the past tense "had".

My link is from the Constitutional Court website and reflects the 2007 Constitution, Section 204, with its current number of 9.

.

.

[Thai at Heart]

Without a doubt. When people accused of murder or terrorism can hide behind parliamentary immunity it is a travesty of the law. I understand certain types of immunity to prevent blackmail etc, but the way it is used in Thailand it is a joke.

I think they should do a Capone on the lot of them. God knows how much tax evasion is sitting in the parliament.

Do Ministers get immunity too or is it just MP's?

I have given up studying that zoo too closely long ago. I prefer to learn about the rules on Thaivisa actually. On the basis that ministers are appointed, wouldn't that mean that you could basically buy your way into a ministers seat just to avoid any type of criminal activity.

Which if I can see the possible legal ramifications of a situation like that, means that it is probably the case........ TIT

What's the difference between buying a minister's position and buying an MPs via the party list. The red thugs now sitting in parliament were given their position as a reward for their criminal behaviour 2 years ago - a barter transaction rather than cash.

At least you have to go through an election to become an MP. Ministers can be appointed. Please correct me if I am wrong.

[webfact]

POLITICS

Constitution Court disqualifies Jatuporn

The Nation

Jatuporn

BANGKOK: -- The Constitution Court Friday disqualified Jatuporn Promphan as a Pheu Thai MP. The Constitution Court judges voted 7 to 1 to disqualify Jatuporn on the grounds that he was not qualified to apply as an election candidate.

The court reasoned that the Political Parties Act prohibits anyone who cannot cast a vote to become a member of a political party.

Since Jatuporn was detained on May 12 and was only released on August 2, he was unable to cast his vote in the general election and was thus not qualified to become a member of the Pheu Thai.

Since he could not become a Pheu Thai member, his election candidacy was invalid, and his election victory was therefore also invalidated.

Speaking to reporters after the ruling, Jatuporn said the verdict was not unexpected and that he accepted the ruling.

He said he was also resigned to his fate.

"I had prepared myself to hear this ruling. I've been fighting against unrighteousness all along. My detention was not legal but I accept my fate. Now, I have become an ordinary person," Jatuporn said.

He said he would soon apply to become a Pheu Thai member. He said he would explain his disqualification to the red-shirt people, who might feel pain over the ruling.

It has been speculated that Jatuporn might become a Cabinet member in the next Cabinet reshuffle.

Jatuporn said he had not yet been informed by Prime Minister Yingluck Shinawatra about his appointment. He added that it would be up to the prime minister as to whether he would be appointed to the Cabinet or not.

-- The Nation 2012-05-18

[whybother]

I don't think he can run as an MP in the next election, because he didn't vote in the last election.

I think that is correct - if you don't vote, you are automatically disqualified from holding any political position for a period of 5 years.

Is a Minister a political position?

[Buchholz]

Mr Jatuporn was jailed in Bangkok Remand Prison on charges of alleged terrorism during the election, and the court rejected his request to leave prison to go to the polling station.

This is not quite right. He was in jail for *breaching his bail conditions* related to the alleged terrorism charges. The court didn't want to give him bail a *second* time.

It's an understandable prison policy. None of the prisoners are allowed out.

To have made an exception for Jatuporn, would have meant involving "double standards"... to which Jatuporn would have vehemently protested against.

.

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[thaihome]

...Jatuporn was detained on charges of defaming the monarchy during a speech at a rally on the first anniversary of one of the bloodiest days of the 2010 protests. He was freed on bail when parliament convened in August 2011 and has yet to stand trial.

-- (c) Copyright AFP 2012-05-18

I thought his bail from the May 2010 charges was revoked because he violated the conditions by making the speech. The LM charges came while he was in jail.

TH

[Buchholz]

Thaksin's sister Yingluck Shinawatra, who is now prime minister, indicated she might give Jatuporn a seat in her cabinet despite his loss of seat.

"Jatuporn is considered a competent and dedicated person " she said.

she breaks her normal silence on every issue under the sun... in order to say that????

.

[Thai at Heart]

Thaksin's sister Yingluck Shinawatra, who is now prime minister, indicated she might give Jatuporn a seat in her cabinet despite his loss of seat.

"Jatuporn is considered a competent and dedicated person " she said.

she breaks her normal silence on every issue under the sun... in order to say that????

.

Out of the mouths of ................................

[millwall_fan]

The same justice system that found him not guilty of LM.

Yes and no.

Once it gets to the courts the long seedy arms of big money no longer hold as much sway. But those branches of justice still under the government of the day appointed Minster of Justice,

can still be tweaked to suit the needs of the power broker of the moment.

That is why the LM was dropped,

but this MP status case had passed by the Justice Ministers domain

via the EC, and direct to the less manipulatable courts, and we see the result.

This is good news, even if he will just be slid into a cabinet seat.

But even better news because this UN-stalls his immunity provided prosecutions for other things. Some of which may well be too large to quash, even with huge amounts of money in play.

I believe the Constitutional Court has 15 members - 7 from the Judiciary and 8 from the Senate

There are 9 judges (including one President) on the Constitutional Court.

http://www.constitut...ional Court.pdf

whether its 15 or 9 they're all from the Ruling Elite and intrinsically anti Red.

So the DRI and public prosecutors decided that Jutaporn had no case to answer. Yet he had been remanded in custody. He lost his party membership because he couldn't vote in last years election because the court refused to allow him to vote, thus invalidating his party membership. A year later the Judicial system throws him out as an MP because he had to be thrown out of his political party because the courts wouldn't let him vote!!!!

and then the ruling elite wonder why the Reds acted as they did two years ago!

The Ruling Elite are desperately trying to cling to power using all the agencies of the state that they still control. Its time for Yingluck to place these lawmakers on 'gardening leave' and appoint some new ones more sympathetic to the governments cause.

[Jobiwankenobi]

"Jutaporn is considered a competent and dedicated person" I don't know whether to laugh or cry. Terrible, just terrible. Proof positive, these people are dangerous as hell, and I can't for the life of me understand why everyone on this message board can't see it that way. The largely uninformed and under-educated good folks up in the Isaan, fair enough, the Red Shirt rouse has alot of 'em fooled. I do have hope that this band of greedy exploiters will be someday seen largely for what they truly are: Those who shamelessly and selfishly use the poor for their own ends, yet at the same time claim to be one of them!

Edited May 18, 2012 by Jobiwankenobi

[Buchholz]

"Now, I have become an ordinary person," Jatuporn said.

Miniscule chance of that occurring.

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[Moruya]

The wiki report describes the 15 in the past tense "had".

My link is from the Constitutional Court website and reflects the 2007 Constitution, Section 204, with its current number of 9.

I'm pretty sure that 9 is the Tribunal - ie. the hearing that just took place.

[Buchholz]

I don't think he can run as an MP in the next election, because he didn't vote in the last election.

I think that is correct - if you don't vote, you are automatically disqualified from holding any political position for a period of 5 years.

Is a Minister a political position?

the law from the earlier Jatuporn thread

The Constitution stipulates the following:

"Every person shall have a duty to exercise his or her right to vote in an election. The person who fails to vote on an election day without notifying the reasonable cause for such failure shall lose his or her right to vote as prescribed by the law.

The notification of the cause for failure to vote on an election day and the provision of facilities for attendance thereat shall be in accordance with the provision of the law".

The person who fails to vote without notifying the reasonable cause for such failure will have his or her political rights curtailed until his or her next vote casting in an election as follows:

The National Elections

1. The right to object the results of both the national and local elections

2. The right to be a candidate for any election

3. The right to initiate a bill for the National Assembly's consideration

4. The right to initiate an ordinance for the local assembly's consideration

5. The right to petition to the Senate for the resolution of removal of a high ranking person

6. The right to recall a member of the local assembly or a local administrator

http://www.ect.go.th...nsInvolving.php

[Buchholz]

The wiki report describes the 15 in the past tense "had".

My link is from the Constitutional Court website and reflects the 2007 Constitution, Section 204, with its current number of 9.

I'm pretty sure that 9 is the Tribunal - ie. the hearing that just took place.

There is no Tribunal anymore.

The current constitutional law

The Constitutional Court

Section 204. The Constitutional Court consists of the President and eight judges of the Constitutional Court to be appointed by the King upon advice of the Senate from the following persons:

(1) three judges of the Supreme Court of Justice holding a position of not lower than judge of the Supreme Court of Justice and elected at a general meeting of the Supreme Court of Justice by secret ballot;

(2) two judges of the Supreme Administrative Court elected at a general meeting of the Supreme Administrative Court by secret ballot;

(3) two qualified persons in law who having orientated knowledge and experience in this field and having been selected under section 206;

(4) two qualified persons in political science, public administration or other social sciences who having orientated knowledge and experience in the administration of State affairs and having been selected under section 206.

In the case where no judge of the Supreme Court of Justice or judge of the Supreme Administrative Court having been elected under (1) or (2), the Supreme Court of Justice or the Supreme Administrative Court, as the case may be, shall elect, at its general meeting, other persons whom qualified and not being under the prohibitions provided in section 205, having orientated knowledge and experience in law and suitable for the performance of the duty as judges of the Constitutional Court to be judges of the Constitutional Court under (1) or (2), as the case may be.

The elected persons under paragraph one shall hold a meeting and elect one among themselves to be the President of the Constitutional Court and notify the result to the President of the Senate accordingly.

The President of the Senate shall countersign the Royal Command appointing the President and judges of the Constitutional Court.

Edited May 18, 2012 by Buchholz

[givenall]

"Mr Jatuporn said he would accept the court's ruling........"

How bloody noble of him. That wiped the cheesy grin right off his mug dial, didn't it.

Thaksin said the same.

Twice.

it s time for him to run to Papa, Mr. T

[Moruya]

"Now, I have become an ordinary person," Jatuporn said.

Miniscule chance of that occurring.

.

He'll never get promoted that far!

[Skywalker69]

Thaksin's sister Yingluck Shinawatra, who is now prime minister, indicated she might give Jatuporn a seat in her cabinet despite his loss of seat.

"Jatuporn is considered a competent and dedicated person " she said.

she breaks her normal silence on every issue under the sun... in order to say that????

.

Agreed, I would like the PM to tell what Jatuporn has achieved as MP for the good of the Country and the Thai people.

[Moruya]

The wiki report describes the 15 in the past tense "had".

My link is from the Constitutional Court website and reflects the 2007 Constitution, Section 204, with its current number of 9.

I'm pretty sure that 9 is the Tribunal - ie. the hearing that just took place.

There is no Tribunal anymore.

The current constitutional law

The Constitutional Court

Section 204. The Constitutional Court consists of the President and eight judges of the Constitutional Court to be appointed by the King upon advice of the Senate from the following persons:

(1) three judges of the Supreme Court of Justice holding a position of not lower than judge of the Supreme Court of Justice and elected at a general meeting of the Supreme Court of Justice by secret ballot;

(2) two judges of the Supreme Administrative Court elected at a general meeting of the Supreme Administrative Court by secret ballot;

(3) two qualified persons in law who having orientated knowledge and experience in this field and having been selected under section 206;

(4) two qualified persons in political science, public administration or other social sciences who having orientated knowledge and experience in the administration of State affairs and having been selected under section 206.

In the case where no judge of the Supreme Court of Justice or judge of the Supreme Administrative Court having been elected under (1) or (2), the Supreme Court of Justice or the Supreme Administrative Court, as the case may be, shall elect, at its general meeting, other persons whom qualified and not being under the prohibitions provided in section 205, having orientated knowledge and experience in law and suitable for the performance of the duty as judges of the Constitutional Court to be judges of the Constitutional Court under (1) or (2), as the case may be.

The elected persons under paragraph one shall hold a meeting and elect one among themselves to be the President of the Constitutional Court and notify the result to the President of the Senate accordingly.

The President of the Senate shall countersign the Royal Command appointing the President and judges of the Constitutional Court.

I would tend to agree with you having reviewed the facts, your honour!

[Buchholz]

So the DRI and public prosecutors decided that Jutaporn had no case to answer. Yet he had been remanded in custody. He lost his party membership because he couldn't vote in last years election because the court refused to allow him to vote, thus invalidating his party membership. A year later the Judicial system throws him out as an MP because he had to be thrown out of his political party because the courts wouldn't let him vote

You've mixed up a lot of the information and actual history to what transpired with Jatuporn.

perhaps if read

it will become clearer to you what the chain of events really were.

.

[Skywalker69]

Thai court disqualifies 'Red Shirt' Thai lawmaker​ breaker.

[soundman]

I don't think he can run as an MP in the next election, because he didn't vote in the last election.

I think that is correct - if you don't vote, you are automatically disqualified from holding any political position for a period of 5 years.

Is a Minister a political position?

I believe a ministerial position is an appointed position, so theoretically not political.

Jatuporn can still be appointed a minister.

Sent from my HTC One X using Thaivisa Connect App

[JayBangkok]

Red Shirt leader Jatuporn expects 200,000 UDD activists to join 2nd anniversary of protest at Ratchaprasong on Sat; police to deploy 1,200 personnel

Here we go again!

[thaikahuna]

The same justice system that found him not guilty of LM.

This is good news, even if he will just be slid into a cabinet seat.

If he is ineligible to be an MP, how can he be plugged into a cabinet seat? Just asking...

[whybother]

If he is ineligible to be an MP, how can he be plugged into a cabinet seat? Just asking...

You don't need to be an MP to be a Minister.

[webfact]

Disqualified Red-shirt MP Still Eligible for Cabinet Post

BANGKOK: The prime minister says she is still ready to consider bringing a red-shirt leader into her Cabinet although he was disqualified as Pheu Thai party-list MP.

Prime Minister Yingluck Shinawatra said she will discuss with her Pheu Thai Party's legal team the impact from the Constitution Court's ruling to disqualify party-list MP Jatuporn Prompan.

Regarding the speculated appointment of Jatuporn as a minister, Yingluck said she cannot make the decision yet, but noted the latter is a hardworking and capable person and she will consider which post is fit for him.

Meanwhile, Deputy Prime Minister General Yutthasak Sasiprapa said the National Security Council has not received a report suggesting possible violence during the upcoming red-shirt mass rally at Ratchaprasong Intersection to mark the second anniversary of the crackdown on red-shirt protests.

-- Tan Network 2012-05-18

[Insight]

Nothing to worry about. I'm sure he'll follow in the example of the red shirt spiritual leader when he was penalized for breaking the law, and show upmost respect to the court for delivering its judgement fairly.

That said, It's also probably a good idea to stay well the f*** away from Ratchaprasong or any other red shirt gathering tomorrow.

Edited May 18, 2012 by Insight

[Arkady]

The same justice system that found him not guilty of LM.

No. It was the prosecutors that decided that he shouldn't charged. It hasn't got to the courts.

Actually it was the DSI that dropped the LM case. The prosecutor hasn't decided yet but the decision is a foregone conclusion in the current political environment.