Senators to ask Constitutional Court to rule on state of emergency declaration

[webfact]

POLITICS
Senators to ask Constitutional Court to rule on state of emergency declaration
The Nation

BANGKOK: -- A group of 40 senators will ask the Constitutional Court to rule whether the government has violated the charter by declaring a state of emergency in Bangkok and nearby provinces, one of them said Wednesday.

Paibul Nititawan, an appointed senator and member of the group, said the declaration of state of emergency definitely violated Article 181 and Article 237.

Paibul said Article 184 prohibited the government from using state personnel to gain advantage in an election and Article 237 prohibited any political party from doing anything that would allow them to have an advantage in the election.

Paibul said he would file a petition with the court on Thursday and the court would be asked to conduct an urgent hearing.

He said the government was preparing to use some 12,000 policemen and troops to enforce the state of emergency so the personnel would help the ruling Pheu Thai to have an advantage in the February 2 election.

Paibul said caretaker Prime Minister Yingluck Shinawatra and caretaker Interior Minister Charupong Ruangsuwan were present at a Cabinet meeting that resolved to declare the state of emergency, thus their Pheu Thai party would stand to gain from the action.

[Thormaturge]

The SOE applies to everyone, not just Suthep's followers.

[Costas2008]

Thormaturge, on 22 Jan 2014 - 15:58, said:

The SOE applies to everyone, not just Suthep's followers.

You must have thought a lot, before you made that statement

[Robby nz]

Shouldn't be a problem PT don't recognize the rulings of the constitution court, unless its something they have asked the court to do for them.

[virtualtraveller]

Gosh, all these violations of articles. It's a petty challenge. Only thing to say is that an election cannot happen fairly in Bangkok when a SoE prevents parties from gathering to campaign and rally. Using the SoE to manage a unstable situation seems reasonable. And stopping a govt from trying to organise an election safely is not a violation.

The real issue is, does Peau Thai have an advantage from skimmed rice scheme money?

[citizen33]

The senators demand that the CC prevent actions that would gain advantage in an election, but I think they really mean prevent holding an election to gain advantage.

Edited January 22, 2014 by citizen33

[Scamper]

Thank goodness this is heading to the Constitution Court. You can't turn back the clock on the protection of human rights on a dime. The Senator is right. This not only gives the Yingluck administration the advantage in this area, but really in all areas as well. It is a blanket power, which now extends to the free media.

[JesseFrank]

Can someone explain how PTP is to gain advantage in the election by declaring state of emergency ?

[mamypoko]

An advantage! Pert near the only party running.

[whybother]

Can someone explain how PTP is to gain advantage in the election by declaring state of emergency ?

The SOE gives the care-taker government control over media. It also outlaws gatherings of more the 5 people I believe.

Parties that are trying to campaign for the election would be restricted by this.

With PTP in charge of the SOE, they can decide what is allowed or not allowed.

[whybother]

An advantage! Pert near the only party running.

There are 53 (or 35?) parties running in the election.

[jaltsc]

"Paibul said Article 184 prohibited the government from using state personnel to gain advantage in an election and Article 237 prohibited any political party from doing anything that would allow them to have an advantage in the election."

I'm shocked. How can this be? Especially in the land known as: "The hub of law abiding citizens". Next thing we are going to hear is that law enforcement officials take bribes, or people are paid to vote for certain candidates, or politicians don't keep their campaign promises. Tell me it ain't so.

Edited January 22, 2014 by jaltsc

[jayjay49]

This gameplay of some politicians is sickening. He's asking for anarchy until the 2nd of February?? Law-and-order are the reponsibility of any government, so in this case their actions are completely within their resposibilities/authorities. Some people think they can form/shape a democracy to their hands and in that way miss-use their democratic rights. Sadly too many politicians see this as game of chess instead of working for the benefit of that ONE Thailand for all!!

[mamypoko]

An advantage! Pert near the only party running.

There are 53 (or 35?) parties running in the election.

TY!

[whybother]

This gameplay of some politicians is sickening. He's asking for anarchy until the 2nd of February?? Law-and-order are the reponsibility of any government, so in this case their actions are completely within their resposibilities/authorities. Some people think they can form/shape a democracy to their hands and in that way miss-use their democratic rights. Sadly too many politicians see this as game of chess instead of working for the benefit of that ONE Thailand for all!!

Are ANY politicians "working for the benefit of that ONE Thailand for all"??

[FangFerang]

I wonder if any of the senators filing this petition were elected...

Read some history about Thailand, and start about 1970. Then come back and pick a side. At least you will know more than just using Thai Visa as a sole source for news. This crap has been simmering since the seventies, and long before the Shin (anigans) came into the limelight. Maybe you have no idea about student massacres, or dead Thai laborers working fifteen hour twenty day shifts in the rice fields during the hot season, or the abuse of foreign workers, or golden triangle drug smuggling, or anything except extra-judicial killings...if so, ignorance is bliss.

Knowing history is different than choosing a football team. People throw around 'red sunglasses', 'yellow thugs', 'democracy', 'Cambodian intruders', and a string of other catch phrases that do not reduce or increase the effectiveness of either argument at all. You are buying what they are selling, and hoping to be a re-seller of the same. They are just popular ad hominem attacks on TV.

No one, no one, pisses off an aligned dunce more than an informed moderate. I have also read people, on both sides, stridently whinging that they replied to a poster who, in turn, ignored a stupid question.

If we gathered both sides together, threw them all in the ocean, and waited to see what would happen, we would see every whale on the planet beach themselves from the filth through which they were being forced to swim. It is what it is. It is not what any of us want, I hope -- grenade attacks, ethnic cleansing, oppression, wholesale robbery and human trafficking.

Dorothy said, "We are not in Kansas anymore, Toto." This is Asia...nothing is cut and dried here, which means you either like to chew dried squid or prefer fast food ideas. I prefer the squid. At least I won't get so McFat.

Edited January 22, 2014 by FangFerang

[trogers]

Oh...I miss those good old election days in Iraq under Saddam Hussein. That was the most democratic country in the world where one party was able to gather over 90% of the votes at every election over decades.

Wonder which facist country dismantled such a wonderous democracy?

[FangFerang]

In closely related news, both the Navy Admiral quoted on BP and General Prayuth on MCOT have made comments that "the assailants) should not have been born on Thai soil." These guys are talking, obviously, and have come up with a party line that disenfranchises whoever they find guilty...

No matter what happens, no matter who is really responsible, they are paving the road for pinning the tail on whichever donkey they like least. I wonder who that could be......?

[oldthaihand99]

Gosh, all these violations of articles. It's a petty challenge.

What next. A plea for the constitution court to rule on YLs top?

[SOTIRIOS]

....have one of their own 'shot' for good measure....

[SICHONSTEVE]

Can someone explain how PTP is to gain advantage in the election by declaring state of emergency ?

The SOE gives the care-taker government control over media. It also outlaws gatherings of more the 5 people I believe.

Parties that are trying to campaign for the election would be restricted by this.

With PTP in charge of the SOE, they can decide what is allowed or not allowed.

They are out manoeuvred every time by people that have bigger brains than they have!!!

They just can't do anything right because they are not used to playing the game by the rules!!!

Yingluck must be thinking oh no, not again.

You are out of your depth love, you should have stuck to shopping and helicopter rides!!

[philw]

The senators demand that the CC prevent actions that would gain advantage in an election, but I think they really mean prevent holding an election to gain advantage.

Appointed senator and free elections, incompatible.

That's why the constitution needs to be changed.

Funny also how the EC seem content to stymie the election process they are supposed to protect, and then only when it presents hurdles for the guess who party.

( Does not begin with D.)

[icommunity]

The use of Court or Independence agencies by any party/group/individual is not going to resolve any of our grievances, differences or disputes. It is confrontational, hostile under the present circumstances, and explosively destructive to our societies. Feeling and emotion like suspicion, hate, fear, injustice or anxiety are negative and destructive energy.

IMO, our ‘peculiar transition’ created two camps struggling for power, influence and control.

1. The so-called Thaksin's camp. His popularity and the use of it now seen as has created a power base not completely beholden to the entrenched establishment.

2. The established royalist elites. Whose fear and anxiety about their future and the gradual losing of their power, influence and control created what is now called Thaksinism or Thaksin regime for use in their struggle.

IMO, the two camps have to come together to talk about each other’s grievances, differences, suspicion, hate, fear, injustice and anxiety. Making adjustment and be inclusive of each other after the transition.

To transform our society we need to renew our mind and reform. Courts and independent agencies should completely stay out during the process. We should not let unscrupulous people exploit the situation for their self-serving agenda.

My observation is that the process has already started ever since Yingluck Shinawatra came to power through PTP. They were many behind the scene talks and some mutual agreements seen in the form of the ‘endless postponement’ of court cases, the ‘blanket amnesty bill’ - changed from its original proposed by a PTP MP and the charter amendment on the make-up of the Senate. I hope the current lawlessness against her and the government in our society will not make her and those behind the scene disheartened and felt betrayed.

The journey to transform our society through the renewing of our mind and reforming our political, social, educational, economic, military and judicial institutions is a long challenging one but I believe it can be a reality.

Who are the people to come together from both camps and what is our priority? I hope those who are now working hard on it will not lose heart but continue to persist despite the current challenges.

I do not want to sound to have solution to our “peculiar transition” problems. I just want to see my beloved homeland healthy, progressive and prosper. People loving and forgiving each other despite our differences.

Let us vote for “love and forgiveness”.

[pipkins]

Can someone explain how PTP is to gain advantage in the election by declaring state of emergency ?

The SOE gives the care-taker government control over media. It also outlaws gatherings of more the 5 people I believe.

Parties that are trying to campaign for the election would be restricted by this.

With PTP in charge of the SOE, they can decide what is allowed or not allowed.

Kept everybody on their toes speculation on what it means. Let the parties camaigning complain them... The Senators are not involved, other than trying to help as much as they can with the restoration of the Dem snouts to the trough.

Government has kept all eyes focused on the SOE and been deliberately vague. Shows just how many on the Suthep side, who wrote those laws and used them against opponants, actually know about them now they are on the receiving end. Bet they never expected that to happen when they wrote them. hehehehehehehe

If they cancel the election, the Government is still in power, the coup is off, the PDRC still dwindling. They can only get numbers at one or two small sites now, and then most of them are on lookers, paid up members, staff of theirs, vendors, people on the way home stopping off to meet or shop....

remember they have made it into a night market and entertainment area. If they did just that at any time of the year on any junction with no speeches or political content, , the area would be full. Look at the OTOP ones that Thaksin instigated. Great idea, very popular and usually busier than the ones we see at PDRC. Well done that man...

Sorry if Mentioning another Thaksin success worried anybody. Don't think mentioning OTOP and the Airport are against the SOE.. or the free health care or extending eduction or assistance scheme with UNI places or clearing the sex tourist areas or naked young girls and loan sharks. All of which he did, but was repealed once the caring sharing dems were installed.

[scorecard]

Can someone explain how PTP is to gain advantage in the election by declaring state of emergency ?

Well here's a thought. Declare a state of emergency which 'gives them the authority' to prevent the very unhappy farmers from mobilizing / joining the main anti-government protests.

You want more?

[scorecard]

Can someone explain how PTP is to gain advantage in the election by declaring state of emergency ?

The SOE gives the care-taker government control over media. It also outlaws gatherings of more the 5 people I believe.

Parties that are trying to campaign for the election would be restricted by this.

With PTP in charge of the SOE, they can decide what is allowed or not allowed.

Kept everybody on their toes speculation on what it means. Let the parties camaigning complain them... The Senators are not involved, other than trying to help as much as they can with the restoration of the Dem snouts to the trough.

Government has kept all eyes focused on the SOE and been deliberately vague. Shows just how many on the Suthep side, who wrote those laws and used them against opponants, actually know about them now they are on the receiving end. Bet they never expected that to happen when they wrote them. hehehehehehehe

If they cancel the election, the Government is still in power, the coup is off, the PDRC still dwindling. They can only get numbers at one or two small sites now, and then most of them are on lookers, paid up members, staff of theirs, vendors, people on the way home stopping off to meet or shop....

remember they have made it into a night market and entertainment area. If they did just that at any time of the year on any junction with no speeches or political content, , the area would be full. Look at the OTOP ones that Thaksin instigated. Great idea, very popular and usually busier than the ones we see at PDRC. Well done that man...

Sorry if Mentioning another Thaksin success worried anybody. Don't think mentioning OTOP and the Airport are against the SOE.. or the free health care or extending eduction or assistance scheme with UNI places or clearing the sex tourist areas or naked young girls and loan sharks. All of which he did, but was repealed once the caring sharing dems were installed.

Your ya-ba must be double strength.

[englishoak]

Can someone explain how PTP is to gain advantage in the election by declaring state of emergency ?

The SOE gives the care-taker government control over media. It also outlaws gatherings of more the 5 people I believe.

Parties that are trying to campaign for the election would be restricted by this.

With PTP in charge of the SOE, they can decide what is allowed or not allowed.

This isnt true the special powers CAN be used for that but do not have to be, it is entirely a choice not automatic. The fact that there is no opposition of size running against and that everyone is so sure there wont be 95% etc etc what is the big deal it it isnt going to happen ? There is fear here, real fear that PTP will be returned to power by the electorate and some just cant stand it.

Which might be bad but heck its at least democratic all the stuff thats being done to try and dismantle and derail it is sooo ott it makes a total joke of nearly all the institutions here... so now they are going to say the SOE is illegal due to elections ??

i mean how many appeals or investigations have groups got going atm ? 3 5 10 more ? this is insane lol so far though not one has stuck or seemed to hold weight 11 days to go.

This is becoming so transparent that there is a cabal opposing any form of election or even allow the government to operate its untrue. Thailand may think its having fun playing games but the truth is the world is sitting there mouth open agog and shaking its head at how ludicrous it all is here. Thailand is an international joke of epic proportions and every day the press releases from all quarters make it more so.

I really dont like the Shin gov but really this is becoming so crazy they may as well just dispense with the pretence, disband PTP and any party they reform install the junta and be done with it. try and legitimise that on the world stage and see how its recieved.

unbelievable Thailand

Edited January 22, 2014 by englishoak

[soi41]

Can someone explain how PTP is to gain advantage in the election by declaring state of emergency ?

Well here's a thought. Declare a state of emergency which 'gives them the authority' to prevent the very unhappy farmers from mobilizing / joining the main anti-government protests.

You want more?

With 6 million people on the streets of Bangkok, with the Shins voters turning against them, why not let let the ballotbox decide?? With everything in their favour, the Dems should win a landslide!!

And don't give me any crap about the SoE, which was only declared after Suthep and his thugs hindered the legal registration for the election!

Before you get started. I see the Shins for what they are: A extremely corrupt family addicted to power.

But this time they are playing according to the rules, so if the Thai voters make the bad choice to elect them again, so be it!!

Then the majority of the Thais have the government they deserve. For better or worse!!

Only thing we can hope for is, that the protests have been a wake-up call, so they realise, they can't get away with everything in the future?

As for the senator, who do you think appointed him? The rural poor?

[backtonormal]

Paibul Nittawan and the other 39 extremists are referred to in the following manner

“Group of 40 Senators.” Outspoken, ultra-royalists aligned with the most right-wing groups and the military, this group is critical in opposing constitutional change and maintaining anti-democratic political positions.

Another one outed , sorry another 40 outed, as anti democratic right wing royalist extremists. ( Hope somebody is taking note of the names...just in case there is a revolution)

[backtonormal]

Can someone explain how PTP is to gain advantage in the election by declaring state of emergency ?

Well here's a thought. Declare a state of emergency which 'gives them the authority' to prevent the very unhappy farmers from mobilizing / joining the main anti-government protests.

You want more?

With 6 million people on the streets of Bangkok, with the Shins voters turning against them, why not let let the ballotbox decide?? With everything in their favour, the Dems should win a landslide!!

And don't give me any crap about the SoE, which was only declared after Suthep and his thugs hindered the legal registration for the election!

Before you get started. I see the Shins for what they are: A extremely corrupt family addicted to power.

But this time they are playing according to the rules, so if the Thai voters make the bad choice to elect them again, so be it!!

Then the majority of the Thais have the government they deserve. For better or worse!!

Only thing we can hope for is, that the protests have been a wake-up call, so they realise, they can't get away with everything in the future?

As for the senator, who do you think appointed him? The rural poor?

Thats too easy..and why does this extremist like to fight tooth and nail against elected senators (like it was before the last coup). He was appointed after the army changed the constitution as a mouthpiece against changing the army sponsored constitution...Outed