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Thai Constitutional Court President Urges Reconciliation, Whatever It Takes


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Charter court chief urges reconciliation, whatever it takes
The Nation

BANGKOK: -- Constitutional Court President Wasan Soypisudh Friday called on the coalition government to heed minority opinions and urged the two sides of the country's political divide to begin the reconciliation process through any means, even with an amnesty law.

Wasan made the calls as part of a speech delivered at Thammasat University's Rangsit Campus on the topic of "Reconciliation, Justice and Democracy" on the occasion of Sanya Thammasak Day.

Wasan said that although the coalition had won a popular mandate to rule the country, it should not be corrupted by power or use its majority to force through legal amendments in an attempt to perpetuate its hold on power.

Wasan cited Adolf Hitler, Germany's dictatorial leader of the 1930s and '40s, as an example of one who abused a popular majority to perpetuate his power, which ultimately led to disaster for Germany. After Hitler's party won an election, the Constitutional Court president said, it abused its majority by amending laws to preserve power, after which the German leader led his country to defeat in World War II.

Wasan said Germany now has a powerful Constitutional Court to protect the public interest, adding that Thailand's Constitutional Court was modelled on the German one. Article 68 of Thailand's Constitution seeks to protect the Constitutional Monarchy system, and was also modelled on the German charter, he said.

But Article 68 has become a source of political conflict, leading to strong criticism of the Constitutional Court judges' decision to proceed with a judicial review of the on-going legislative effort to amend the article, Wasan said.

The first paragraph of Article 68 states: "No person shall exercise the rights and liberties prescribed in the Constitution to overthrow the democratic regime of government with the King as Head of the State under this Constitution, or to acquire the power to rule the country by any means that is not in accordance with the modes provided in this Constitution."

A senator has asked the Constitutional Court to rule on whether the planned amendment, which would require that efforts by members of the public to invoke Article 68 be made only through the Office of the Attorney-General, would violate the article itself.

Wasan said Constitutional Court judges were not trying to please anyone by convening a meeting to consider the petition on the day after it was submitted; they had to do so because the petition sought an injunction suspending the on-going legislative debate.

Critics of the present system say there are no means for holding judges accountable to the people, but Wasan said he wondered if the public would accept a system in which judges were elected.

If the Supreme Court president were to be appointed by politicians, he or she might become a henchman or henchwoman of politicians, he said.

Courts should be non-partisan agencies in order to mediate disputes, Wasan said.

He denied that the Constitutional Court was guilty of applying a double standard when it ordered the dissolution of the Thai Rak Thai, Chart Thai and Matchima Tipataya parties while sparing the Democrats. He said the Democrats faced different charges than the other parties, adding that those charges were based on different laws, so the accusation of a double standard in the Democrats' acquittal was unfair.

The Constitutional Court president said that in his view, the current political conflict could be traced back to 2005 when the "Muang Thai Rai Supda" (Weekly Thailand) programme was removed from a government TV channel.

Wasan said the programme was simply fulfilling its role of scrutinising the government's policies, so after it was removed from the channel, the programme's organisers turned to holding weekly demonstrations to check the performance of the Thai Rak Thai government.

Wasan accused the media of fanning the political conflict and said he would like to see reconciliation achieved through amnesty or any other means. He urged the media to tell political rivals to smile at each other and begin reconciliation talks.

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-- The Nation 2013-04-05

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"Wasan made the calls as part of a speech delivered at Thammasat
University's Rangsit Campus on the topic of "Reconciliation, Justice and
Democracy" on the occasion of Sanya Thammasak Day."

Great idea in thought but will never happen in Thailand

There will never be reconciliation

There are two forms of justice ... one for the haves and one for the have nots

Thailand is not a democracy ... paying for votes and forcing people by various pressure tactics to vote for a certain party precludes Thailand from being a democracy

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What a refreshing view of the current situation and how it might be attended to,interesting also the referrals back to the history of Hitlers rise to power too, one can of course include a number of other despots in the same.category.

We should all learn the lessons of yesterday (history) so as we don't make the same mistakes in our or I should say the country's future .

Going to be interesting to see how the more staunch supporters of this current maladministration view this speech and to hear what they might think courtesy of their puppet masters orders of course.

Indeed it will be interesting to see and hear what all the assorted factions think about this speech and its content

Personally I am of the opinion like the previous posters here that the gentleman has indeed analyzed the situation correctly and his speech was indeed a sage word speech.

However how often is the word of the wise man heard in the madhouse that currently prevails on the political scene here in Thailand ?

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The Question is , reconciliation at what price, you are talking about a point of law on some issues, do you ignore the rule of law for some and not for others, to put this bluntly, if I had charges against me exactly the same as Mr Thaksin has, why can't I have an amnesty,the rule of law is for everyone not for the selected few. Reconciliation may occur, however people remember, when it effects them, hate is hard to define , just cast a glance to the South Boarder region.coffee1.gif

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Compromise always comes at a price when there is such a wide difference of opinions. Frankly, I would be happy to hear the bickering come down a notch if there can be a compromise. The constant red/yellow bashing is getting old.

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Wasan said Germany now has a powerful Constitutional Court to protect
the public interest, adding that Thailand's Constitutional Court was
modelled on the German one. Article 68 of Thailand's Constitution seeks
to protect the Constitutional Monarchy system, and was also modelled on
the German charter, he said.

I was under the impression that the Germans got rid off the concept of monarchy when they booted out the Kaiser after their defeat in WWI. Correct me if I am wrong Mr Wasan.

But yes, the parallels with Nazi Germany are appropriate. Hitler used the electoral system with a certain amount of gerrymandering and rigging to gain power. Then he immediately used his power to enact laws that made any form of opposition impossible. The rest is history.

Edited by Arkady
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What a refreshing view of the current situation and how it might be attended to,interesting also the referrals back to the history of Hitlers rise to power too, one can of course include a number of other despots in the same.category.

We should all learn the lessons of yesterday (history) so as we don't make the same mistakes in our or I should say the country's future .

Going to be interesting to see how the more staunch supporters of this current maladministration view this speech and to hear what they might think courtesy of their puppet masters orders of course.

Indeed it will be interesting to see and hear what all the assorted factions think about this speech and its content

Personally I am of the opinion like the previous posters here that the gentleman has indeed analyzed the situation correctly and his speech was indeed a sage word speech.

However how often is the word of the wise man heard in the madhouse that currently prevails on the political scene here in Thailand ?

Interesting article for those that dont do research

Wasan Soypisudh is cited as demanding that the “coalition government to heed minority opinions…”, something the government has been doing since its landslide election victory in July 2011. Wasan implied that the elected government had been “corrupted by power” and may “use its majority to force through legal amendments in an attempt to perpetuate its hold on power.” In other words, this judge has already made his decision on the case! And he seems not to care one iota that everyone knows this. His statements are a travesty for the judiciary in Thailand, which sinks further into a swamp of political bilge each time Wasan opens his mouth.

Wasan then shows that he is ignorant of history when he is cited as babbling that:

Adolf Hitler, Germany’s dictatorial leader of the 1930s and ’40s, as an example of one who abused a popular majority to perpetuate his power, which ultimately led to disaster for Germany. After Hitler’s party won an election, the Constitutional Court president said, it abused its majority by amending laws to preserve power, after which the German leader led his country to defeat in World War II.

The Nazis never won an electoral majority or the majority of parliamentary seats in any election, except in November 1933, “All opposition parties had been banned by this time, and voters were presented with a single list containing Nazis and 22 non-party ‘guests’ of the Nazi Party.” That situation also applied in 1936 and 1938 when the Nazis held “elections.” Additionally, Hitler never won a majority in a presidential election.

Wasan is then reported as saying that “Article 68 of Thailand’s Constitution seeks to protect the Constitutional Monarchy system, and was also modelled on the German charter…”. We suppose that Wasan knows that Germany is a republic?

Wasan also said something about the courts needing to be”non-partisan agencies in order to mediate disputes,” and yet his own words appear to condemn him as partisan in the extreme. He added to this clear partisanship by reciting a PAD version of recent political history.

Wasan seems clear on what his job is: to support the unelected and undemocratic in Thailand

Another exposed puppet of the regime

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The attempt by Pheua Thai to ban the public from petitioning the Constitution Court directly is a brazen attack on democracy. The public would then be left with the only option of going through the Attorney General, a position Pheua Thai think they can control.

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What a refreshing view of the current situation and how it might be attended to,interesting also the referrals back to the history of Hitlers rise to power too, one can of course include a number of other despots in the same.category.

We should all learn the lessons of yesterday (history) so as we don't make the same mistakes in our or I should say the country's future .

Going to be interesting to see how the more staunch supporters of this current maladministration view this speech and to hear what they might think courtesy of their puppet masters orders of course.

Indeed it will be interesting to see and hear what all the assorted factions think about this speech and its content

Personally I am of the opinion like the previous posters here that the gentleman has indeed analyzed the situation correctly and his speech was indeed a sage word speech.

However how often is the word of the wise man heard in the madhouse that currently prevails on the political scene here in Thailand ?

Interesting article for those that dont do research

Wasan Soypisudh is cited as demanding that the “coalition government to heed minority opinions…”, something the government has been doing since its landslide election victory in July 2011. Wasan implied that the elected government had been “corrupted by power” and may “use its majority to force through legal amendments in an attempt to perpetuate its hold on power.” In other words, this judge has already made his decision on the case! And he seems not to care one iota that everyone knows this. His statements are a travesty for the judiciary in Thailand, which sinks further into a swamp of political bilge each time Wasan opens his mouth.

Wasan then shows that he is ignorant of history when he is cited as babbling that:

Adolf Hitler, Germany’s dictatorial leader of the 1930s and ’40s, as an example of one who abused a popular majority to perpetuate his power, which ultimately led to disaster for Germany. After Hitler’s party won an election, the Constitutional Court president said, it abused its majority by amending laws to preserve power, after which the German leader led his country to defeat in World War II.

The Nazis never won an electoral majority or the majority of parliamentary seats in any election, except in November 1933, “All opposition parties had been banned by this time, and voters were presented with a single list containing Nazis and 22 non-party ‘guests’ of the Nazi Party.” That situation also applied in 1936 and 1938 when the Nazis held “elections.” Additionally, Hitler never won a majority in a presidential election.

Wasan is then reported as saying that “Article 68 of Thailand’s Constitution seeks to protect the Constitutional Monarchy system, and was also modelled on the German charter…”. We suppose that Wasan knows that Germany is a republic?

Wasan also said something about the courts needing to be”non-partisan agencies in order to mediate disputes,” and yet his own words appear to condemn him as partisan in the extreme. He added to this clear partisanship by reciting a PAD version of recent political history.

Wasan seems clear on what his job is: to support the unelected and undemocratic in Thailand

Another exposed puppet of the regime

The Nation reports that the Constitutional Court judge Jaran Pakdithanakul has “sought and received” permission to withdraw from the already bizarre “charter amendment bill” case.

The Nation, citing the Court President Wasan Soypisudh, makes the ludicrous claim that Jaran withdrew “due to his concern for prejudiced decision…”.

What makes this claim ludicrous is that Jaran actually presided at “the morning session but decided to exit the [inquiry] during the lunch break.” The only reason Jaran stood down was because a lawyer for those who stand accused of threatening the “constitutional monarchy” “submitted a transcription of Jaran’s recorded interview when he was a charter writer for the 2007 Constitution” where Jaran spoke in support of the military junta’s constitution.

If Jaran hadn’t been called out, he would have stayed on the bench. This is yet another example of how the justices of the court are not only politically biased and corrupt but also seem to lack ethics and even a command of the law.

Jaran is not the only justice who should recluse. Think of Court President Wasan. He has already told the media his view:

At the bp the royalist’s favorite judge says he “believes the present process to amend the charter may be intended to change the government of Thailand or end its constitutional monarchy.”

He went even further, saying that the whole court already has a view:

the court studied debates in parliament’s third reading of the bill to amend Section 291 of the present constitution and found there were possible attempts to change the government of Thailand and end the constitutional monarchy which violate Section 68 of the constitution.

This court is a law unto itself. We suspect that Jaran was actually off to Hua Hin for a long weekend for judicial and ethical considerations have never bothered this lot.

Update: We were right. PPT noted above that more than one more judge should leave the bench. Now the bp reports that three more judges “asked for permission to withdraw from the bench considering the constitutionality of the charter amendment bill…”. This included Court President Wasan.

Wasan “said two judges – Supot Khaimuk and Nurak Mapraneet – asked to withdraw because they were members of the committee that drafted the 2007 constitution.” Their requests were rejected, “saying the fact that they were among the drafters of the 2007 charter did not justify their withdrawal from the case.”

In Wasan’s case, he “sought permission to withdraw, because an audio clip of him commenting on the charter amendment had been posted on the YouTube social video site. The meeting of judges also rejected his request.”

That this is a kangaroo court is plain to all.

Judges in support of the army constitution cannot in any way be deemed independant

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What a refreshing view of the current situation and how it might be attended to,interesting also the referrals back to the history of Hitlers rise to power too, one can of course include a number of other despots in the same.category.

We should all learn the lessons of yesterday (history) so as we don't make the same mistakes in our or I should say the country's future .

Going to be interesting to see how the more staunch supporters of this current maladministration view this speech and to hear what they might think courtesy of their puppet masters orders of course.

Indeed it will be interesting to see and hear what all the assorted factions think about this speech and its content

Personally I am of the opinion like the previous posters here that the gentleman has indeed analyzed the situation correctly and his speech was indeed a sage word speech.

However how often is the word of the wise man heard in the madhouse that currently prevails on the political scene here in Thailand ?

Interesting article for those that dont do research

Wasan Soypisudh is cited as demanding that the coalition government to heed minority opinions, something the government has been doing since its landslide election victory in July 2011. Wasan implied that the elected government had been corrupted by power and may use its majority to force through legal amendments in an attempt to perpetuate its hold on power. In other words, this judge has already made his decision on the case! And he seems not to care one iota that everyone knows this. His statements are a travesty for the judiciary in Thailand, which sinks further into a swamp of political bilge each time Wasan opens his mouth.

Wasan then shows that he is ignorant of history when he is cited as babbling that:

Adolf Hitler, Germanys dictatorial leader of the 1930s and 40s, as an example of one who abused a popular majority to perpetuate his power, which ultimately led to disaster for Germany. After Hitlers party won an election, the Constitutional Court president said, it abused its majority by amending laws to preserve power, after which the German leader led his country to defeat in World War II.

The Nazis never won an electoral majority or the majority of parliamentary seats in any election, except in November 1933, All opposition parties had been banned by this time, and voters were presented with a single list containing Nazis and 22 non-party guests of the Nazi Party. That situation also applied in 1936 and 1938 when the Nazis held elections. Additionally, Hitler never won a majority in a presidential election.

Wasan is then reported as saying that Article 68 of Thailands Constitution seeks to protect the Constitutional Monarchy system, and was also modelled on the German charter. We suppose that Wasan knows that Germany is a republic?

Wasan also said something about the courts needing to benon-partisan agencies in order to mediate disputes, and yet his own words appear to condemn him as partisan in the extreme. He added to this clear partisanship by reciting a PAD version of recent political history.

Wasan seems clear on what his job is: to support the unelected and undemocratic in Thailand

Another exposed puppet of the regime

The Nation reports that the Constitutional Court judge Jaran Pakdithanakul has sought and received permission to withdraw from the already bizarre charter amendment bill case.

The Nation, citing the Court President Wasan Soypisudh, makes the ludicrous claim that Jaran withdrew due to his concern for prejudiced decision.

What makes this claim ludicrous is that Jaran actually presided at the morning session but decided to exit the [inquiry] during the lunch break. The only reason Jaran stood down was because a lawyer for those who stand accused of threatening the constitutional monarchy submitted a transcription of Jarans recorded interview when he was a charter writer for the 2007 Constitution where Jaran spoke in support of the military juntas constitution.

If Jaran hadnt been called out, he would have stayed on the bench. This is yet another example of how the justices of the court are not only politically biased and corrupt but also seem to lack ethics and even a command of the law.

Jaran is not the only justice who should recluse. Think of Court President Wasan. He has already told the media his view:

At the bp the royalists favorite judge says he believes the present process to amend the charter may be intended to change the government of Thailand or end its constitutional monarchy.

He went even further, saying that the whole court already has a view:

the court studied debates in parliaments third reading of the bill to amend Section 291 of the present constitution and found there were possible attempts to change the government of Thailand and end the constitutional monarchy which violate Section 68 of the constitution.

This court is a law unto itself. We suspect that Jaran was actually off to Hua Hin for a long weekend for judicial and ethical considerations have never bothered this lot.

Update: We were right. PPT noted above that more than one more judge should leave the bench. Now the bp reports that three more judges asked for permission to withdraw from the bench considering the constitutionality of the charter amendment bill. This included Court President Wasan.

Wasan said two judges Supot Khaimuk and Nurak Mapraneet asked to withdraw because they were members of the committee that drafted the 2007 constitution. Their requests were rejected, saying the fact that they were among the drafters of the 2007 charter did not justify their withdrawal from the case.

In Wasans case, he sought permission to withdraw, because an audio clip of him commenting on the charter amendment had been posted on the YouTube social video site. The meeting of judges also rejected his request.

That this is a kangaroo court is plain to all.

Judges in support of the army constitution cannot in any way be deemed independant

And that is the nub of the problem. Expedient decision making that goes with the flow of the time and not the law.

There can be no such thing as reconciliation at all costs, the law is the law, and the parliament of the day rewrites it on accordance with the law. Amnesty and the such is nonsense, but also is the idea that writing constitutions under the conditions of a coup solves the problem.

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Add to the "German Constitution model" the law of a "stable constitution" : For amendment of the constitution you need 2/3 of the votes (Upper house (Senat) and MP's).

National referendums are allowed when promoted by the Constitutution Court in critical situations.

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A post containing a link to a site that has blocked the the MICT has been removed. Replies have been removed as well.

Sorry, I was just linking to the unsourced quotes above.

Which quotes were they? Which post?

How is the website quoted if it's blocked in Thailand?

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What a refreshing view of the current situation and how it might be attended to,interesting also the referrals back to the history of Hitlers rise to power too, one can of course include a number of other despots in the same.category.

We should all learn the lessons of yesterday (history) so as we don't make the same mistakes in our or I should say the country's future .

Going to be interesting to see how the more staunch supporters of this current maladministration view this speech and to hear what they might think courtesy of their puppet masters orders of course.

Indeed it will be interesting to see and hear what all the assorted factions think about this speech and its content

Personally I am of the opinion like the previous posters here that the gentleman has indeed analyzed the situation correctly and his speech was indeed a sage word speech.

However how often is the word of the wise man heard in the madhouse that currently prevails on the political scene here in Thailand ?

Interesting article for those that dont do research

Wasan Soypisudh is cited as demanding that the coalition government to heed minority opinions, something the government has been doing since its landslide election victory in July 2011. Wasan implied that the elected government had been corrupted by power and may use its majority to force through legal amendments in an attempt to perpetuate its hold on power. In other words, this judge has already made his decision on the case! And he seems not to care one iota that everyone knows this. His statements are a travesty for the judiciary in Thailand, which sinks further into a swamp of political bilge each time Wasan opens his mouth.

Wasan then shows that he is ignorant of history when he is cited as babbling that:

Adolf Hitler, Germanys dictatorial leader of the 1930s and 40s, as an example of one who abused a popular majority to perpetuate his power, which ultimately led to disaster for Germany. After Hitlers party won an election, the Constitutional Court president said, it abused its majority by amending laws to preserve power, after which the German leader led his country to defeat in World War II.

The Nazis never won an electoral majority or the majority of parliamentary seats in any election, except in November 1933, All opposition parties had been banned by this time, and voters were presented with a single list containing Nazis and 22 non-party guests of the Nazi Party. That situation also applied in 1936 and 1938 when the Nazis held elections. Additionally, Hitler never won a majority in a presidential election.

Wasan is then reported as saying that Article 68 of Thailands Constitution seeks to protect the Constitutional Monarchy system, and was also modelled on the German charter. We suppose that Wasan knows that Germany is a republic?

Wasan also said something about the courts needing to benon-partisan agencies in order to mediate disputes, and yet his own words appear to condemn him as partisan in the extreme. He added to this clear partisanship by reciting a PAD version of recent political history.

Wasan seems clear on what his job is: to support the unelected and undemocratic in Thailand

Another exposed puppet of the regime

The Nation reports that the Constitutional Court judge Jaran Pakdithanakul has sought and received permission to withdraw from the already bizarre charter amendment bill case.

The Nation, citing the Court President Wasan Soypisudh, makes the ludicrous claim that Jaran withdrew due to his concern for prejudiced decision.

What makes this claim ludicrous is that Jaran actually presided at the morning session but decided to exit the [inquiry] during the lunch break. The only reason Jaran stood down was because a lawyer for those who stand accused of threatening the constitutional monarchy submitted a transcription of Jarans recorded interview when he was a charter writer for the 2007 Constitution where Jaran spoke in support of the military juntas constitution.

If Jaran hadnt been called out, he would have stayed on the bench. This is yet another example of how the justices of the court are not only politically biased and corrupt but also seem to lack ethics and even a command of the law.

Jaran is not the only justice who should recluse. Think of Court President Wasan. He has already told the media his view:

At the bp the royalists favorite judge says he believes the present process to amend the charter may be intended to change the government of Thailand or end its constitutional monarchy.

He went even further, saying that the whole court already has a view:

the court studied debates in parliaments third reading of the bill to amend Section 291 of the present constitution and found there were possible attempts to change the government of Thailand and end the constitutional monarchy which violate Section 68 of the constitution.

This court is a law unto itself. We suspect that Jaran was actually off to Hua Hin for a long weekend for judicial and ethical considerations have never bothered this lot.

Update: We were right. PPT noted above that more than one more judge should leave the bench. Now the bp reports that three more judges asked for permission to withdraw from the bench considering the constitutionality of the charter amendment bill. This included Court President Wasan.

Wasan said two judges Supot Khaimuk and Nurak Mapraneet asked to withdraw because they were members of the committee that drafted the 2007 constitution. Their requests were rejected, saying the fact that they were among the drafters of the 2007 charter did not justify their withdrawal from the case.

In Wasans case, he sought permission to withdraw, because an audio clip of him commenting on the charter amendment had been posted on the YouTube social video site. The meeting of judges also rejected his request.

That this is a kangaroo court is plain to all.

Judges in support of the army constitution cannot in any way be deemed independant

And that is the nub of the problem. Expedient decision making that goes with the flow of the time and not the law.

There can be no such thing as reconciliation at all costs, the law is the law, and the parliament of the day rewrites it on accordance with the law. Amnesty and the such is nonsense, but also is the idea that writing constitutions under the conditions of a coup solves the problem.

Agreed but writing a Constitution with the intent of striping the judicial system of its Independence and give Amnesty to Thaksin is also no way to solve the problem.

If the constitution is to be rewrite

it should be done with input from all parties not just the ruling party and its flunkies.

No way in the world should a constitution give amnesty to convicted criminals.

Think of the problems that would arise in the future after all the criminals of today have died. It would be like sanctioning their crimes. I can just see it all now.

"Court scene"

Your Honor according to the constitution planing and financing a coup that fails is forgivable.

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