Election officials may face criminal charges

[soi41]

This whole thing...from the Shinawatras to Sutthep to the protestors, to the election committee...to the entire country...the corruption, the cover ups, love affairs...it is just a huge Thai soap opera..it is truly unbelievable how another story unfolds from a previous event..and seems to be never ending...who is really running things here is what I would like to know?..

Sorry but that question can't be answered on a public forum!

[djjamie]

The good thing about today, it was a dry-run for February 2nd...As the saying goes, :"It doesn't matter what happens, it's what you do about it that counts".....Now the Democratic, pro-electoral majority have seen what the unelectables will try to do, in order to avoid voting....And they can assess how best to control it......It also exposes the EC, not that anymore could be exposed...They have been mirroring the coup-monger mantra's about voting avoidance, and they used the slimmest of reason to do so.....According to the UDD/RS, they were looking for a reason....To the point if a guy a block away gave out a yell,...Their reaction?..."Close the polling station... I know this is an exaggeration but that is the way the RS's are talking....

The only problem of course, is the Elitist user-friendly judiciary....That will protect these EC people who had every intent, almost pre-emptively, to scuttle voting where they had the least bit of cover to do so..

.I note with interest some opinions here, faulting attempts to hold those responsible to conduct an election, for not doing it, and holding them to account. In many cases there seems to be a double standard---One for Thailand, and one for their own country....The anti-electoral and anti-electoral Democracy in whatever form seems to be acceptable here, when I know they would be livid if it happened in their home country.

Expose the EC. EC will be held responsible for any violence according to the PTP. As was proven after the assassination of a core protest leader today. EC would bode well to ensure elections do not take place on the 2nd of Feb lest they be blamed. Though demonizing the EC is a typical demagoguery trait.

Coup Mongers? Thaksin made his billions and financed the brutal terrorist uprising in 2010 from the 1992 coup. He embraced THAT coup like a dictator does to manipulated ballots. Though ensuring that the faults of the party people support is forgotten and transferred to the party they demonize.

"I know thats an exaggeration". Yep, I know. No need to highlight it.

User friendly judiciary? Yep, user friendly to innocent people and the enemy of guilty people. Most criminals despise the judiciary. This is a normal reaction of criminals to demonize them. Maybe they should cut the CC out by ensuring the (PTP) Attorney General overseas all cases that need to go to the CC? Hang on. Didn't they try that?

Double standards? Some say they despise an appointed senate yet in their own country an appointed senate has served them well for 140 years. I offer Canada as an example.

I am anti electoral If the other 6 principles are not adhered too, but I am pro electoral and ALL the other 7 principles of democracy if this ensures that Phuket is not threatened by a govt that say "if you don't vote for us we won't give you an international conference hall or "your garbage" or that vote 307-0 for an amnesty that 81% of the population (according to a poll which the PTP use in there defense if it suits them) were against.

Respect me vote? Great. One principle adhered to which highlights why reform is needed. Respect my tax money. Respect post ballot box democracy. This is why reform is needed. 79% of rice farmers have not been paid since October and a lot will no doubt still vote for the PTP. Not because the DEMS are not on the ballot, because they are uneducated. Because of Red villages. Because of red shirt school. Because of local village intimidation.

Be careful what you wish for. Democracy is not just about elections.

If it is was then Iraq, Zimbabwe, South Africa, Sudan would be heralded as successes too.

They are not.

Thailand is headed that way.

[LevelHead]

Yes you have missed the DETAIL.

The Constitution Court ruled that, in line with the written Constitution of Thailand, an election may be postponed if the government and EC agree IN THE EVENT OF a national emergency, like war, natural disaster etc...

That is the detail.

The PDRC supporters have spun this to say it can be postponed anytime you want, provided EC and PM agree - BUT THAT IS NOT TRUE.

The Court only offered guidance that in the event of a war, national emergency etc.. as defined in the written constitution then, and only then can the election be delayed.

The Court did not state or imply the present situation of a few protests was enough to call a postponement. So if there is a postponement you can be sure the PDRC and Democrat Party will file complaints that the present situation is not enough and the election was postponed outside of the guidelines of the written constitution.

Please show me where it says in the constitution, or the written court verdict where it says a few demonstrations and protest, localized in certain area's, is enough to justify under a postponement.

Its not there, which is why YL is saying, the election continues.

All in my opinion of course.

Just my opinion, I'd say blood on the streets, murder, grenades and shootings in amongst a country divided could constitute a national emergency.

Heck, ys has even declared a countrywide state of emergency.

Regardless of who is right, the fact is that this is not being handled well and people are dying. It would be great if someone in charge could do something to limit this bloodshed.

I love Thailand and it's upsetting to see this happen. If not postpone the election then the proper measures should have been put in place to allow as best as possible, the protestors to protest, and the voters to vote.

However the Constitution Court did not offer any guidance as to whether the current situation is enough to warrant a postponement.

Had they said it is, then it could have been postponed, but they did not, they simply reiterated the war, national emergency as in the written version.

So in view of that the election has to proceed as it has to be held by February the 6th else there is a breach of the maximum time allowed before an election has to be held. If that timescale is breached the PM and government will be hauled before the Constitution Court at which point they will declare if the present situation was enough, OR NOT, to postpone. If they say not enough then YL goes to prison for negligence for not holding an election and an appointed PM will take over.

Do you see why all the protest groups want a postponement ????????????????????

This is now the new constitution, not the 1997 one that was in effect in 2006.

All in my opinion of course.

[firestar]

He is just frothing at the mouth. No hope of criminal charges for EC commissioners.

"The current Commission is the 3rd set of commission, appointed on 20 September 2006 (immediately after the2006 Thai coup d'etat)" : -Wikipedia

Goes a long towards explaining why he might not trust their impartiality.

.

Edited January 26, 2014 by firestar

[gatorsoft]

Section 187.

The King has the prerogative to issue a

Royal Decree which is not contrary to the law.

Not contrary to the law. Is the constitution not the law?

[mallmagician]

Yes you have missed the DETAIL.

The Constitution Court ruled that, in line with the written Constitution of Thailand, an election may be postponed if the government and EC agree IN THE EVENT OF a national emergency, like war, natural disaster etc...

That is the detail.

The PDRC supporters have spun this to say it can be postponed anytime you want, provided EC and PM agree - BUT THAT IS NOT TRUE.

The Court only offered guidance that in the event of a war, national emergency etc.. as defined in the written constitution then, and only then can the election be delayed.

The Court did not state or imply the present situation of a few protests was enough to call a postponement. So if there is a postponement you can be sure the PDRC and Democrat Party will file complaints that the present situation is not enough and the election was postponed outside of the guidelines of the written constitution.

Please show me where it says in the constitution, or the written court verdict where it says a few demonstrations and protest, localized in certain area's, is enough to justify under a postponement.

Its not there, which is why YL is saying, the election continues.

All in my opinion of course.

Just my opinion, I'd say blood on the streets, murder, grenades and shootings in amongst a country divided could constitute a national emergency.

Heck, ys has even declared a countrywide state of emergency.

Regardless of who is right, the fact is that this is not being handled well and people are dying. It would be great if someone in charge could do something to limit this bloodshed.

I love Thailand and it's upsetting to see this happen. If not postpone the election then the proper measures should have been put in place to allow as best as possible, the protestors to protest, and the voters to vote.

However the Constitution Court did not offer any guidance as to whether the current situation is enough to warrant a postponement.

Had they said it is, then it could have been postponed, but they did not, they simply reiterated the war, national emergency as in the written version.

So in view of that the election has to proceed as it has to be held by February the 6th else there is a breach of the maximum time allowed before an election has to be held. If that timescale is breached the PM and government will be hauled before the Constitution Court at which point they will declare if the present situation was enough, OR NOT, to postpone. If they say not enough then YL goes to prison for negligence for not holding an election and an appointed PM will take over.

Do you see why all the protest groups want a postponement ????????????????????

This is now the new constitution, not the 1997 one that was in effect in 2006.

All in my opinion of course.

I respect your opinion. I am not of the same thinking though. I think a postponement would be useful, or, managing the situation properly to allow it to go ahead as planned. Today has clearly shown that the latter is not going to happen. So for the sake of the lives that will be lost, something needs to be done.

If what you say is correct (although I don't see why an acting PM can't decode the constitution safely without incurring the wrath of the lawmakers- especially given the fact that they have gone to lengths to basically say it is doable), then I see 2 options left.

1. Manage the protestors and voters to at least try and create a safe environment for the vote.

Or

2.Risk postponing it, so that it buys more time for a resolution to the crisis, but primarily to protect the people of the country she is leading. If an election can't be held with relative safety, it should be postponed until it is safe to do so.

[tonneke breda]

The EC has clearly been acting in a criminal manner for several weeks now. Charges should be brought. Of course, they will be like the charges against the airport occupiers and the officials that authorized the slaughter in 2010 - never see the inside of a courtroom.

Liar, liar pants on fire…..

red scum tales, but do not forget who caused all the trouble in this country, yes the Shinawatra's

[Phatcharanan]

My one wish here is to see a Thailand where the Judges and EC and Army can be brought to task for the imense damage and hardship they have brought to the country.

Have you been living under a rock or something for the past few years??

[Gweiloman]

Does anyone know what will happen if YL pushes ahead with the elections on 2 Feb and the EC promptly resigns on grounds of not being able to fulfill their duties?

[Phatcharanan]

Yes you have missed the DETAIL.

The Constitution Court ruled that, in line with the written Constitution of Thailand, an election may be postponed if the government and EC agree IN THE EVENT OF a national emergency, like war, natural disaster etc...

That is the detail.

The PDRC supporters have spun this to say it can be postponed anytime you want, provided EC and PM agree - BUT THAT IS NOT TRUE.

The Court only offered guidance that in the event of a war, national emergency etc.. as defined in the written constitution then, and only then can the election be delayed.

The Court did not state or imply the present situation of a few protests was enough to call a postponement. So if there is a postponement you can be sure the PDRC and Democrat Party will file complaints that the present situation is not enough and the election was postponed outside of the guidelines of the written constitution.

Please show me where it says in the constitution, or the written court verdict where it says a few demonstrations and protest, localized in certain area's, is enough to justify under a postponement.

Its not there, which is why YL is saying, the election continues.

All in my opinion of course.

Just my opinion, I'd say blood on the streets, murder, grenades and shootings in amongst a country divided could constitute a national emergency.

Heck, ys has even declared a countrywide state of emergency.

Regardless of who is right, the fact is that this is not being handled well and people are dying. It would be great if someone in charge could do something to limit this bloodshed.

I love Thailand and it's upsetting to see this happen. If not postpone the election then the proper measures should have been put in place to allow as best as possible, the protestors to protest, and the voters to vote.

However the Constitution Court did not offer any guidance as to whether the current situation is enough to warrant a postponement.

Had they said it is, then it could have been postponed, but they did not, they simply reiterated the war, national emergency as in the written version.

So in view of that the election has to proceed as it has to be held by February the 6th else there is a breach of the maximum time allowed before an election has to be held. If that timescale is breached the PM and government will be hauled before the Constitution Court at which point they will declare if the present situation was enough, OR NOT, to postpone. If they say not enough then YL goes to prison for negligence for not holding an election and an appointed PM will take over.

Do you see why all the protest groups want a postponement ????????????????????

This is now the new constitution, not the 1997 one that was in effect in 2006.

All in my opinion of course.

I respect your opinion. I am not of the same thinking though. I think a postponement would be useful, or, managing the situation properly to allow it to go ahead as planned. Today has clearly shown that the latter is not going to happen. So for the sake of the lives that will be lost, something needs to be done.

If what you say is correct (although I don't see why an acting PM can't decode the constitution safely without incurring the wrath of the lawmakers- especially given the fact that they have gone to lengths to basically say it is doable), then I see 2 options left.

1. Manage the protestors and voters to at least try and create a safe environment for the vote.

Or

2.Risk postponing it, so that it buys more time for a resolution to the crisis, but primarily to protect the people of the country she is leading. If an election can't be held with relative safety, it should be postponed until it is safe to do so.

Zzzzzzzzzzzzzzzzzzzzzz. Boring

[Gweiloman]

The EC has clearly been acting in a criminal manner for several weeks now. Charges should be brought. Of course, they will be like the charges against the airport occupiers and the officials that authorized the slaughter in 2010 - never see the inside of a courtroom.

Liar, liar pants on fire…..

red scum tales, but do not forget who caused all the trouble in this country, yes the Shinawatra's

Give it a break will you? Go start a thread and blame whomever you want. This thread is about proper and reasonable discussion, not flinging around insults and criticisms.

[firestar]

The EC has clearly been acting in a criminal manner for several weeks now. Charges should be brought. Of course, they will be like the charges against the airport occupiers and the officials that authorized the slaughter in 2010 - never see the inside of a courtroom.

Liar, liar pants on fire…..

red scum tales, but do not forget who caused all the trouble in this country, yes the Shinawatra's

You can adhere to the "one man evil" theory but the root problems are much deeper and as long as there are people like you calling the other camp "scum" they are not going to go away.

.

Edited January 26, 2014 by firestar

[KimoMax]

The Blame Game by the CMPO for their own Neglegence to adequatly supply security forces to protect the Advance Voting Stations and the EC Members safety while in a State of Emergency Mode.

Thought the CMPO was chargd with Maintaining Peace and Order during the SOE.

The CMPO knew (by their own statements and the recent Constitutional Court case) there could be probelms at the Poles and did nothing, or at least shirking their responsability for Maintaining the Peace.

Instead they say the EC did not notify them to provide security assistance.

It is the CMPO's Job to evaluate situations and take action. Think they don't need to be called when the security issues were known well in advance by the CMPO.

It's pretty much a no brainer that the CMPO did not do their job to protect the Poling venues with the knowledge they had.

Edited January 26, 2014 by KimoMax

[kikoman]

How about some criminal charges against the police for doing absolutely nothing to prevent armed red shirts from driving up to the anti-government protesters, killing one and wounding at least four others in a fusillade of gunfire. Oh yes, it seems that they all got away...

EC are protected. Why protect Vermin.? It is because they are just an arm of the Elite used with the CC to suppress the people. Again. They have to be protected so they can carry on with their real roles. Election organising is not their main function. Many confuse them with and Election Commission from a real democracy

Police not allowed in poling stations or surrounds unless EC call them in Fact. So shows you have read and learned nothing today. Basic elcetion law.

Ambush in Sri nakarindra. <deleted> are they doing down there? Harrassing the locals thats what. So they were stopped. I I go down there nearly every day. I don't intimidate the locals and they don't shoot me dead. Is that too difficult for some.... Sorry

My one wish here is to see a Thailand where the Judges and EC and Army can be brought to task for the imense damage and hardship they have brought to the country.

The present EC serves the interest of the rich elite power structure, they have fought tooth and nail to attempt to have the election postponed, They have knowing favored the protestors wishes to cancel the election, They asked the court (lapdogs of the elite) if the election could be postponed. When they did not get what they hoped from the court, they turned to dragging their feet on the staffing And closing polls ahead of closing times, they told their staff to closed polls and the angry voters forced them to reopen some of the polls. One of the polls they closed had 80,000 people registered to vote there.

They need to be charged with the failure to properly fulfill there legal responsiblity of preparing the country for an election! They failed to. Also charges need to be brought against the Court for ruling the Election could be postponed, when the Constitution gives no one the right to postpone an election.

The EC is reponsible for all of the violence it actions caused!

Cheers.

[Spartakos]

Take 2 words out of thai language Taksin Shinawatra and most of the people will be scratching their heads trying to remember what they were fighting about.

[Spartakos]

How about some criminal charges against the police for doing absolutely nothing to prevent armed red shirts from driving up to the anti-government protesters, killing one and wounding at least four others in a fusillade of gunfire. Oh yes, it seems that they all got away...

EC are protected. Why protect Vermin.? It is because they are just an arm of the Elite used with the CC to suppress the people. Again. They have to be protected so they can carry on with their real roles. Election organising is not their main function. Many confuse them with and Election Commission from a real democracy

Police not allowed in poling stations or surrounds unless EC call them in Fact. So shows you have read and learned nothing today. Basic elcetion law.

Ambush in Sri nakarindra. <deleted> are they doing down there? Harrassing the locals thats what. So they were stopped. I I go down there nearly every day. I don't intimidate the locals and they don't shoot me dead. Is that too difficult for some.... Sorry

My one wish here is to see a Thailand where the Judges and EC and Army can be brought to task for the imense damage and hardship they have brought to the country.

The present EC serves the interest of the rich elite power structure, they have fought tooth and nail to attempt to have the election postponed, They have knowing favored the protestors wishes to cancel the election, They asked the court (lapdogs of the elite) if the election could be postponed. When they did not get what they hoped from the court, they turned to dragging their feet on the staffing And closing polls ahead of closing times, they told their staff to closed polls and the angry voters forced them to reopen some of the polls. One of the polls they closed had 80,000 people registered to vote there.

They need to be charged with the failure to properly fulfill there legal responsiblity of preparing the country for an election! They failed to. Also charges need to be brought against the Court for ruling the Election could be postponed, when the Constitution gives no one the right to postpone an election.

The EC is reponsible for all of the violence it actions caused!

Cheers.

Mr. Kwanchai Praipana are you well enough to make some insightful comments already? I am delighted.

[Cnxforever]

How about some criminal charges against the police for doing absolutely nothing to prevent armed red shirts from driving up to the anti-government protesters, killing one and wounding at least four others in a fusillade of gunfire. Oh yes, it seems that they all got away...

so you have all the evidence already yes?

Who says they were real red shirts? They could have been "Cambodian mercenaries" turned "black shirts" or "Navy Seals armed with silencers" disguising themselves as red shirts send by the PDRC to cause violence and make the intimidating mob preventing others to vote look like they are the victims here!?

The BS works both ways!

And after the police investigates - it could be that the person who was shot very likely "ran into the bullet" to use Mr. Suthep's words- karma is a terrible thing it works on all sides!

Edited January 26, 2014 by Cnxforever

[firestar]

Take 2 words out of thai language Taksin Shinawatra and most of the people will be scratching their heads trying to remember what they were fighting about.

Doubt it. Cutting off Thaksin will not put the genie back in the bottle with red people settling down again to their lives as part of the rural and urban under-classes. The hatred and underlying issues in Thai society are too many.

[Boxclever]

He is just frothing at the mouth. No hope of criminal charges for EC commissioners.

Why?

[n1ckmg]

How about some criminal charges against the police for doing absolutely nothing to prevent armed red shirts from driving up to the anti-government protesters, killing one and wounding at least four others in a fusillade of gunfire. Oh yes, it seems that they all got away...

Criminal charges ! Yes, but charges against the police for allowing street blockades to take place in the first place ! Where in the western world would such blockades be tolerated ? The "protesters" would have been arrested a long time before now. But as usual, with most laws here, it's whether the police choose to enforce them !

[Crushdepth]

Imagine the situation if the EC weren't independent and could be leaned on by the government...

...that would be better, right?

[Now or Never]

Suggestion to the Thai People.

I suggest Thailand change it's political system so as to include State Governments in a similar fashion to the USA, Canada, Australia, Malaysia, India and so on.

Thailand has a population of 67 million people (approximately) and could easily be divided into 6 to 10 states with their own Governors/ State Premiers, police forces, elected parliaments etc.

This would allow each state to follow it's own direction and allow the Federal government to govern only Federal matters.

Instead of areas of Thailand fighting each other, the states could do battle on the sporting field.

Cheers.

[bubblegum]

The Centre to Maintain Peace and Order reported that advance voting went on smoothly in 66 provinces whereas in the rest of the provinces, mostly in the South, and in Bangkok, there were protests to prevent voters from exercising their voting rights.

Just shows where the real educated people in Thailand are located.

Yes it does, doesn't it !

[KimoMax]

CMPO and the RTP both failed to do anything to deter the protests going near the poles and also protecting the protesters from outside attacks.

It is no suprise that the protesters are also arming themselves against armed attackers.

The RTP and government have failed all the Thai people letting this whole situation get out of hand.

Just Sayin'

[firestar]

Imagine the situation if the EC weren't independent and could be leaned on by the government...

...that would be better, right?

The current EC was nominated on the 20th of September 2006, immediately after the coup, how "independent" do you think they are?

[focus27]

He is just frothing at the mouth. No hope of criminal charges for EC commissioners.

Why?

May I refer you to my previous comment...

http://www.thaivisa.com/forum/topic/699574-election-officials-may-face-criminal-charges/#entry7348266

[Crushdepth]

The Centre to Maintain Peace and Order reported that advance voting went on smoothly in 66 provinces whereas in the rest of the provinces, mostly in the South, and in Bangkok, there were protests to prevent voters from exercising their voting rights.

Just shows where the real educated people in Thailand are located.

Yes it does, doesn't it !

It's probably worth noting that educated people created this mess.

[firestar]

CMPO and the RTP both failed to do anything to deter the protests going near the poles and also protecting the protesters from outside attacks.

It is no suprise that the protesters are also arming themselves against armed attackers.

The RTP and government have failed all the Thai people letting this whole situation get out of hand.

Just Sayin'

Had they used force to deter the protesters it would have led to more violence and clashes and you know it.

Then you'd be here saying it's the government fault for use using force.. etc.. etc

Just Sayin'

Edited January 26, 2014 by firestar

[KimoMax]

CMPO and the RTP both failed to do anything to deter the protests going near the poles and also protecting the protesters from outside attacks.

It is no suprise that the protesters are also arming themselves against armed attackers.

The RTP and government have failed all the Thai people letting this whole situation get out of hand.

Just Sayin'

Had they used force to deter the protesters it would have led to more violence and clashes and you know it.

Then you'd be here saying it's the government fault for use using force.. etc.. etc

Just Sayin'

I do not support either side of this mess.

There are legal internationally accepted standards of riot and crowd control that were not undertaken by security forces that are supposed to be under the direction of the CMPO.

My comment is in regards to the OP and the CMPO's claim that the EC is responsible for the failure of Advanced Voting.

International Standards do allow progressive responsive appropriate use of force to resitance from violent or armed resistance.

Don't try to read between the lines of my comment and interject an Assumtion. I did not say anything about using force.

I did say it was no suprise protesters are armed.

The failures oday should not b pinnd on the EC. They reportedly trd t hold the poles, but were prevented doing so by protesters.

The protesters who did in fact block access to the Poles are to blame, as wel as those that attacked the protest convoy. Not the EC.

The COPO was charged with maintaining order. They failed on their part. Not the EC.

Edited January 26, 2014 by KimoMax

[thaisaregrt]

I'd bet that the DSI would love to include the Election Commissioners themselves, however, the Constitution states that "no Election Commissioner shall be arrested, detained or summoned by a warrant for inquiry except in the case where permission of the Election Commission is obtained or where the arrest is made in flagrante delicto." [section 241]

Would that be the same constitution that says an election must be held within 60 days of the dissolution of the house? Apparently the constitution can be reinterpreted according to who passes you the money or power under the table.

any proof oh little troll..naaaa course not..

Nice job ignoring the real issue and calling names. Baa baa Suthep-sheep, have you any bull? Yessir, yessir, three posts full....

, I thought you had to be over 18 or at least out of nappies to be in here