Pheu Thai tells charter court not to tear up the constitution

BANGKOK: -- The ruling Pheu Thai party on Friday reiterated its call on the Constitutional Court to have fair ruling on the caretaker prime minister in connection with the transfer of the former national security chief to inactive post at the Prime Minister’s Office.

The party warned that if the court ruled that the caretaker prime minister’s transfer is a wrongful act, and that her premiership must be terminated, it should not go further to decide a request to appoint a new prime minister to take over the job.

But if it insists, then the court itself is tearing up the constitution, the party said.

Warning to the Constitutional Court was made public at a press conference called by the Pheu Thai party’s committee on political strategy headed by the party leader Charupong Ruangsuwan, Poomthan Vejayachai, and Bhokin Polakul.

Mr Bhokin, the party’s legal advisor, said the transfer of the former national security chief Thawil Pliensri to be advisor at the Prime Minister’s Office by the caretaker prime minister was decided within the boundary of laws as the prime minister is the direct boss of the former national security chief.

He made clear that the Supreme Administrative Court has reached a verdict which clearly stated that the transfer was within the authority of the prime minister but only the appointment which was unlawfully made.

However, Mr Bhokin said the appointment was not an interference of the official’s work.

He said if the Constitutional Court rules that the caretaker prime minister is wrong in making the transfer and appointment, and her premiership status is to be terminated, a new prime minister must be appointed under Article 172 and 173.

In such case, Mr Bhokin said the Constitutional Court is not authorized to make ruling on the appointment of new prime minister.

But if the court goes ahead to consider request for the new prime minister, the court itself will tear up the Constitution.

He stressed that the prime minister and her cabinet has lost their minister status since the dissolution of parliament, but they remained in office unto today was to fulfill the wish of Article 181 of the Constitution.

He said the Pheu Thai party and its committee on political strategy would like to call on the Constitutional Court to adhere to principle and rule under the Constitution to ensure fairness, and not with intent to achieve political change using unconstitutional mean.

He said the people might reject if its ruling is unconstitutional and against the will of the people.

A group of senators led by Paibul Nititawan petitioned the Constitutional Court after the Supreme Administrative Court ruled in favor of the former security chief Thawil be returned the top security post within 45 days after considering the transfer and appointment to new post as advisor to the prime minister by caretaker Prime Minister Yingluck Shinawatra was illegitimate and violated the Constitution.

The senators sought the charter court to rule the status of the caretaker prime minister when it was clear she had violated the constitution over unlawful transfer and also was tantamount to interfere in the work of government officials, and to pave the way for appointment of her uncle Pol Gen Pliewphan Damapong to the new police chief. To make Gen Pliewphan to the top police post, three top officials would have to be reshuffled, one of them was Thawil, and another was the former police chief Pol Gen Wichien Photposri, and Lt-Gen Paradorn Patthanatabutr, now the NSC chief Pol Gen Wichien was transferred to be permanent secretary to the Transport Ministry to make his seat vacant for Pol Gen Pliewphan to take over.

Source: http://englishnews.thaipbs.or.th/pheu-thai-tells-charter-court-tear-constitution/?utm_source=rss&utm_medium=rss&utm_campaign=pheu-thai-tells-charter-court-tear-constitution

-- Thai PBS 2014-04-04

Remember the Shinawats are essentially business people (in Yingluck's case exclusively so) and they probably figured moving a family relative to the top police job was no different to when they moved another one to the top military job when Thaksin was Thailand's CEO. Of course neither appointment was justified politically but in the business world they call it fast tracking.

And no one has ever been tracked faster than KY herself.

We respects the court's decision and cannot agree with it, one way or another.

Typical Pheu Thai. Note that the caretaker cabinet and Ms. Yingluck are much more subdued in their statements as they are still in office somehow.

Another threat to motivate the Reds. Expect a few more before tomorrow's rally.

The steady drip, drip of PT propaganda and more than a hint of threats.

The Pheu Thai party spokesmen are fast approaching a close similarity to a nagging wife/girl friend. They seem to be making demands, dictating action others should take, interpting what is meant, to their whims, and even declaring what will or will not happen after the fact.

They may want to consider that many just ignore this type of behavior, a few do as they are instructed, but there are a substantial number who get a ear and snoot full and kick the dog sh.t out of the target.

how pathetic can these ptp morons get, now they are talking about following the charter after they tried to destroy it themselves, they truly are a running joke. Seems they only believe in anything legal when it suits them but what can you expect from corrupt idiots, mind you if the court does find yl guilty they will call on their red terrorists to declare war on anyone that doesnt agree with their views .....

The frying pan calling the teapot black.

The kettle has been sidelined for the moneht.

how pathetic can these ptp morons get, now they are talking about following the charter after they tried to destroy it themselves, they truly are a running joke. Seems they only believe in anything legal when it suits them but what can you expect from corrupt idiots, mind you if the court does find yl guilty they will call on their red terrorists to declare war on anyone that doesnt agree with their views .....

No they didn't, they tried to amend certain things, which has been done countless times before without so much as a ripple.

In fact after the coup a new charter was brought in, and surprise surprise gave amnesty to those who carried out the coup, but whoa betide this Government trying to make amendments.

how pathetic can these ptp morons get, now they are talking about following the charter after they tried to destroy it themselves, they truly are a running joke. Seems they only believe in anything legal when it suits them but what can you expect from corrupt idiots, mind you if the court does find yl guilty they will call on their red terrorists to declare war on anyone that doesnt agree with their views .....

No they didn't, they tried to amend certain things, which has been done countless times before without so much as a ripple.

In fact after the coup a new charter was brought in, and surprise surprise gave amnesty to those who carried out the coup, but whoa betide this Government trying to make amendments.

Strangely enough that constitution went to a referendum of ALL the Thai people.

When the PTP tried their stunt it was voted 310 to 0 at 4.30 in the morning with ONLY the PTP in parliament AND it was changed between the first reading where it was sort of discussed in parliament except the Democrats were not allowed their alloted time by the Speaker, and the final reading which was much different.

What is the difference? NOBODY else got to vote on the PTP bill. Democracy PTP style.

how pathetic can these ptp morons get, now they are talking about following the charter after they tried to destroy it themselves, they truly are a running joke. Seems they only believe in anything legal when it suits them but what can you expect from corrupt idiots, mind you if the court does find yl guilty they will call on their red terrorists to declare war on anyone that doesnt agree with their views .....

No they didn't, they tried to amend certain things, which has been done countless times before without so much as a ripple.

In fact after the coup a new charter was brought in, and surprise surprise gave amnesty to those who carried out the coup, but whoa betide this Government trying to make amendments.

The Yingluck government only tried to amend sections which were standing in their way of breaking down checks and balances and allowing their "we have a mandate" total control.

In fact the 2007 constitution is mostly the 1997 with improvements, clarifications, more protection for individuals and indeed a bit of a black blob in section 309 I think it was. Mind you the coup leader turned politican Gen. Sonthi who's party was in the Yingluck government coalition voted for the blanket amnesty bill. Probably to make double sure

how pathetic can these ptp morons get, now they are talking about following the charter after they tried to destroy it themselves, they truly are a running joke. Seems they only believe in anything legal when it suits them but what can you expect from corrupt idiots, mind you if the court does find yl guilty they will call on their red terrorists to declare war on anyone that doesnt agree with their views .....

No they didn't, they tried to amend certain things, which has been done countless times before without so much as a ripple.

In fact after the coup a new charter was brought in, and surprise surprise gave amnesty to those who carried out the coup, but whoa betide this Government trying to make amendments.

Strangely enough that constitution went to a referendum of ALL the Thai people.

When the PTP tried their stunt it was voted 310 to 0 at 4.30 in the morning with ONLY the PTP in parliament AND it was changed between the first reading where it was sort of discussed in parliament except the Democrats were not allowed their alloted time by the Speaker, and the final reading which was much different.

When the PTP tried their stunt it was voted 310 to 0 at 4.30 in the morning with ONLY the PTP in parliament. Democracy PTP style.

Ah, sorry - couple of corrections needed there.

"Strangely enough that constitution went to a referendum of ALL the Thai people." - a referendum in which it was illegal to campaign against the new constitution, and where the apppointed military government had made clear in statements that if it was not approved, they would put it or one like it in place anyway.

"When the PTP tried their stunt it was voted 310 to 0 at 4.30 in the morning with ONLY the PTP in parliament" - in the 2011 election PTP won 265 seats out of 500. So if we assume all the PTP members voted for it, then they could obviously have done it during the day with a total majority - I assume your figure of 310 included other parties?

"When the PTP tried their stunt it was voted 310 to 0 at 4.30 in the morning with ONLY the PTP in parliament" - clearly they weren't the only ones in parliament (265 of 310).

Really the way this is worded would mean its ok to remove YL as PM because she is not PM anymore. But as long as the court doesnt call for a new PM then YL and her party can remain in office as caretaker. I really like the way this article was worded and deliberately left out what happens to YL and her party after the courts rule a guiltt verdict even though they elaborated on it. Half truths are still lies.

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Abuse of power, negligence, tolerate corruption in her own government...... well an unfair government.......

And PT want to give lesson. It's very hard for a party how always use corruption and cheating to be face with real democracy and free justice.

Yingluck's lawyers should be disbarred. They are clearly intimidating the Constitutional Court. There is a line that lawyers do not cross when it comes to deferring to judges of a higher court. They have vaulted over that line. Almost everything this lawyer says here could be grounds for disbarment. It's stunning. How in the world can a legal institution be protected, and it's judgments untainted by coercion or threats when the " caretaker " prime minister, all her lawyers, the whole of Pheu Thai, Kwanchai and the UDD, and Chalerm all try to " nudge " the judges towards a specific verdict ? The judges have been cautioned to give " the right verdict ". The Supreme Administrative Court has been told that their judgment regarding the Tawil transfer was incorrect. Pheu Thai is still arguing the case, two and a half years later ! And now, the Constitutional Court is being told exactly by Pheu Thai what the parameters of what they can or can not rule upon are. This is beyond belief. With pressure like this it's a wonder how there are any judges left. And for Pheu Thai's edification, Article 7 provides the clear constitutionally sanctioned path in the event of a parliamentary vacuum.

If this crisis is ever averted, may it never again come to this - where judges find themselves being openly intimidated through the media. Never must that happen again.

And Pheu Thai party leader continued saying, Only the government with the help of Pheu Thai party can tear up the constitution

In a civilised country a political party would not dare to threaten the constitution court. Here they do and they call it democracy.

I like this line

"He said the people might reject if its ruling is unconstitutional and against the will of the people."

who are the people, if the thai people include those that sre protesting then he is making a direct lie

So the question is who are the people, the 5 fans hanging around the back door

The Red shit thugs

Thaskins Famil

The only thing we know for sure it is not the thousands that have been and still are protesting

Yingluck's lawyers should be disbarred. They are clearly intimidating the Constitutional Court. There is a line that lawyers do not cross when it comes to deferring to judges of a higher court. They have vaulted over that line. Almost everything this lawyer says here could be grounds for disbarment. It's stunning. How in the world can a legal institution be protected, and it's judgments untainted by coercion or threats when the " caretaker " prime minister, all her lawyers, the whole of Pheu Thai, Kwanchai and the UDD, and Chalerm all try to " nudge " the judges towards a specific verdict ? The judges have been cautioned to give " the right verdict ". The Supreme Administrative Court has been told that their judgment regarding the Tawil transfer was incorrect. Pheu Thai is still arguing the case, two and a half years later ! And now, the Constitutional Court is being told exactly by Pheu Thai what the parameters of what they can or can not rule upon are. This is beyond belief. With pressure like this it's a wonder how there are any judges left. And for Pheu Thai's edification, Article 7 provides the clear constitutionally sanctioned path in the event of a parliamentary vacuum.

If this crisis is ever averted, may it never again come to this - where judges find themselves being openly intimidated through the media. Never must that happen again.

Judging by your comments past and present, one would presume that you yourself are a lawyer, who has intricate knowledge of the Thai Justice system, when it comes to anything to do with the constitution.

You seem to know what constitutes disbarment within the Thai legal system too..

Who said there's a line lawyers don't cross? is that an unwritten agreement then? For example What if these Higher Judges were not abiding by their own codes of conducts and ethics, and operating outside legal jurisdiction, and are equally as corrupt, are you implying that no lawyer can stand against them?

I do like your posts, you clearly know the subject matter, so are you a lawyer or just someone who's into all the intellectual legal stuff?

In a civilised country a political party would not dare to threaten the constitution court. Here they do and they call it democracy.

in a civilized country the judicial system would be unbiased and not quash elections because THUGS stop a minority of the voting

Remember the Shinawats are essentially business people (in Yingluck's case exclusively so) and they probably figured moving a family relative to the top police job was no different to when they moved another one to the top military job when Thaksin was Thailand's CEO. Of course neither appointment was justified politically but in the business world they call it fast tracking.

And no one has ever been tracked faster than KY herself.

Yes, it is a Chinese family business that doesn't trust any non-family members to hold important positions. Priewpan had bellyached that he wanted the top police job for some time and cried like a baby when he was passed over for it under the Abhisit regime. His argument was not based on his distinguished track record as a policeman or for cracking down on corrupt but on his seniority which in turn was based on leapfrogging several ranks when Thaksin was PM. Without family help he would never have got anywhere near the police chief's job. He was a complete fabrication and did nothing of note in the job anyway. Thaksin forced Poo to risk everything for this oaf.

The Admin Courts have already decided that the dismissal was unlawful. It is now up to the Constitutional Court to decide whether the unlawful dismissal was done for personal interests. This could go either way but it looks bad for the PM because there is already no doubt it is already established it was not done for the betterment of government efficiency, as claimed by the govt. This argument was shot down on the basis that Thawil was never consulted as PM advisor and therefore how could his work there have improved govt efficiency? That leaves only the possibility that PM committed an illegal act for no reason at all, since she got no personal (or family) benefit from it. Stranger things have happened in Thailand but I wouldn't give too much for Poo's chances in that one.

These type of threats by a political party are unbelievable and hopefully will be ignored.

He said if the Constitutional Court rules that the caretaker prime minister is wrong in making the transfer and appointment, and her premiership status is to be terminated, a new prime minister must be appointed under Article 172 and 173.

True but Articles 172 and 173 require a Lower House but YL dissolved that in December.

Article 181 requires the cabinet to stay on in a caretaker status until a new government is formed but Article 180 requires them to all leave office if the PM is forced to leave office. The argument of Bhokin, Chalerm et al seems to claim that the caretaker status of a caretaker cabinet gives it immunity from any constitutional sanctions. However, they are prepared to accept that the PM can be dismissed.

There is no logic to this position. It would make far more sense to claim that the entire caretaker cabinet, including the PM, is immune to any Constitutional Court rulings.

But if the court goes ahead to consider request for the new prime minister, the court itself will tear up the Constitution.

I don't think the petition goes so far as to request the court to make provision for the appointment of an interim prime minister in the event that it rules that the PM and the cabinet have to go. On past performance the court will not address anything that was not specifically asked in the petition and may well dismiss the government and wait for another petition regarding the next step from some one else.

how pathetic can these ptp morons get, now they are talking about following the charter after they tried to destroy it themselves, they truly are a running joke. Seems they only believe in anything legal when it suits them but what can you expect from corrupt idiots, mind you if the court does find yl guilty they will call on their red terrorists to declare war on anyone that doesnt agree with their views .....

No they didn't, they tried to amend certain things, which has been done countless times before without so much as a ripple.

In fact after the coup a new charter was brought in, and surprise surprise gave amnesty to those who carried out the coup, but whoa betide this Government trying to make amendments.

The military always give themselves a get out of jail card after every coup. The last one was just par for the course.

how pathetic can these ptp morons get, now they are talking about following the charter after they tried to destroy it themselves, they truly are a running joke. Seems they only believe in anything legal when it suits them but what can you expect from corrupt idiots, mind you if the court does find yl guilty they will call on their red terrorists to declare war on anyone that doesnt agree with their views .....

No they didn't, they tried to amend certain things, which has been done countless times before without so much as a ripple.

In fact after the coup a new charter was brought in, and surprise surprise gave amnesty to those who carried out the coup, but whoa betide this Government trying to make amendments.

Strangely enough that constitution went to a referendum of ALL the Thai people.

When the PTP tried their stunt it was voted 310 to 0 at 4.30 in the morning with ONLY the PTP in parliament AND it was changed between the first reading where it was sort of discussed in parliament except the Democrats were not allowed their alloted time by the Speaker, and the final reading which was much different.

When the PTP tried their stunt it was voted 310 to 0 at 4.30 in the morning with ONLY the PTP in parliament. Democracy PTP style.

Ah, sorry - couple of corrections needed there.

"Strangely enough that constitution went to a referendum of ALL the Thai people." - a referendum in which it was illegal to campaign against the new constitution, and where the apppointed military government had made clear in statements that if it was not approved, they would put it or one like it in place anyway.

"When the PTP tried their stunt it was voted 310 to 0 at 4.30 in the morning with ONLY the PTP in parliament" - in the 2011 election PTP won 265 seats out of 500. So if we assume all the PTP members voted for it, then they could obviously have done it during the day with a total majority - I assume your figure of 310 included other parties?

"When the PTP tried their stunt it was voted 310 to 0 at 4.30 in the morning with ONLY the PTP in parliament" - clearly they weren't the only ones in parliament (265 of 310).

You are just being pedantic.

You know what he means.... the PTP and the coalition MPs who are basically PTP lackies.

The 190 npt present were the Dems who were told to come back in the morning for more debate and a vote, only to return to find they were denied their vote.

Massive breach of democracy, and it wasn't the first time either.

That alone could have the PTP dissolved. But the courts spared them. But it would only take an appeal against the ruling to open up the wound and have them dissolved and all 310 impeached.

The courts have been amazingly considerate to this dick splash of a government.

Technically in the country I come from, all those MPs would have not only been impeached, but also imprisoned countless times over.

In related news, Yingluck ate breakfast this morning and the sun rose.

Another total waste of time media spin bullshit story. PT tore up the constitution long ago when they tried to do as they please regardless of the laws and the constitution then refused to recognize the authority of the courts when they were told off for it. They have got a real bloody cheek coming out with utter crap like this, accusing people of doing things they are not doing when it is exactly what PT and Shin co have done already. How do you spell hippocrite ? They should be impeached for damaging the reputation of the courts through this media blitz and inciting violence and hatred through not condemning the acts of the red militia, let alone the numerous other charges against them.

PT need some better lawyers . . . they've pretty much got every single damn thing wrong when going up against the people that actually know/write/interpret the law.

how pathetic can these ptp morons get, now they are talking about following the charter after they tried to destroy it themselves, they truly are a running joke. Seems they only believe in anything legal when it suits them but what can you expect from corrupt idiots, mind you if the court does find yl guilty they will call on their red terrorists to declare war on anyone that doesnt agree with their views .....

No they didn't, they tried to amend certain things, which has been done countless times before without so much as a ripple.

In fact after the coup a new charter was brought in, and surprise surprise gave amnesty to those who carried out the coup, but whoa betide this Government trying to make amendments.

Strangely enough that constitution went to a referendum of ALL the Thai people.

When the PTP tried their stunt it was voted 310 to 0 at 4.30 in the morning with ONLY the PTP in parliament AND it was changed between the first reading where it was sort of discussed in parliament except the Democrats were not allowed their alloted time by the Speaker, and the final reading which was much different.

What is the difference? NOBODY else got to vote on the PTP bill. Democracy PTP style.

And that was the start of the current unrest,PTP thought they could get away with anything,and misjudged Big time!