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CAPO once again questions charter court's authority


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CAPO once again questions charter court's authority
The Nation

BANGKOK: -- The Centre for the Administration of Peace and Order (CAPO) yesterday once again made a case against dissolving the caretaker cabinet and dismissing the premier should the Constitutional Court rule against her for illegal transfer of National Security Council chief.

CAPO member Pol Lt Col Anchulee Theerawongpaisal cited two open letters by Ukrit Mongkolnavin, chairman of the Independent National Rule of Law Commission, that said the Constitutional Court could not accept a petition on Thawil's transfer as PM Yingluck Shinawatra had already dissolved the House of Representatives and was now serving on a caretaker basis.

Ukrit's letter confirmed the centre's concern that the court may have overstepped its authority by deciding to rule on this case, she said.

The petition is similar to the one filed with the court by a group led by former senator Ruangkrai Leekijwattana regarding the qualifications of then premier Samak Sundaravej, the letter said.

The justices took recourse to Article 182 and voted 8:1 to disqualify Samak as a prime minister after convicting him for accepting money for a TV cooking show in breach of Article 267.

However Samak's offence was personal and had no connection with the rest of the Cabinet, which continued working after the ruling, he said.

The CAPO has also expressed fear that an adverse court ruling might plunge the country into civil war.

Caretaker Labour Minister Chalerm Yoobamrung, who also oversees CAPO, said the ruling in Samak's case was made by the same bench that is about to pass judgement on Thawil's transfer case, with the exception of the now-retired former court president Wasan Soypisudh.

Anchulee said the CAPO on Monday issued an order to the heads of 37 state agencies including permanent secretaries and others with equivalent positions to take criminal and civil actions against protesters from the People's Democratic Reform Committee (PDRC) who trespassed state premises, intimidated officials and damaged property.

They were instructed not to welcome and support PDRC protesters, especially those facing criminal prosecution.

Separately, a source close to General Nipat Thonglek, permanent secretary of the Defence Ministry, confirmed that the following message that circulated in social media came from Nipat:

"The Office of the Permanent Secretary for Defence will protect the Prime Minister and take care of the right thing as much as I can and I will take care of the PM to the fullest as [the PM is] the commander of all armed forces. As permanent secretary [of Defence], I feel unhappy if I cannot take care or let the PM or the ministers come to work."

Nipat signed the message dated April 17.

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-- The Nation 2014-04-23

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As we see, there are legitimate concerns predicated in constitutional law as to whether the judges of the CC have jurisdiction. The current membership of the judges however are the same hanging judges that removed the late Samak as PM in 2008, a move and reason that made the international community blink and shake its head at Thailand. (One judge has since retired.)

Ukrit Mongkolnavin, chairman of the Independent National Rule of Law Commission, that said the Constitutional Court could not accept a petition on Thawil's transfer as PM Yingluck Shinawatra had already dissolved the House of Representatives and was now serving on a caretaker basis.

Ukrit's letter confirmed the centre's concern that the court may have overstepped its authority by deciding to rule on this case.

It is anyway absurd to remove a PM and/or an entire government because one government employee was transferred. The democratic world laughed at Thailand when Samak the visiting cook was removed by the judges, but this time the world won't be able to laugh because of the domestic consequences and reaction in Thailand to the removal of an entire government because it transferred one single government employee.

And the statement below quoted in the OP made by General Nipat Thonglek, permanent secretary of the Defence Ministry indicates the divisions within the armed forces that leave Abhisit in the recent statements he made, of DP rules for a new election or a coup, look completely stupid and without foundation, not to mention dangerous. Abhisit continues to severely destroy all the goodwill he ever had everywhere foreign and domestic as most of his former admirers now see him as the burrowing worm that he is.

"The Office of the Permanent Secretary for Defence will protect the Prime Minister and take care of the right thing as much as I can and I will take care of the PM to the fullest as [the PM is] the commander of all armed forces. As permanent secretary [of Defence], I feel unhappy if I cannot take care or let the PM or the ministers come to work."
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The CAPO should be charged with contempt of court , they continue to ear bash the courts about what they should be doing , this is not the place of CAPO to even mention the courts , their jobs is to maintain piece , to which they are not doing a very good job.bah.gif

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It is anyway absurd to remove a PM and/or an entire government because one government employee was transferred.

It's not absurd;it's the law. And breaking the law has consequences, even for those who feel they are above the law.

IMO it's time someone started investigating CAPO!

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Abhisit continues to severely destroy all the goodwill he ever had everywhere foreign and domestic as most of his former admirers now see him as the burrowing worm that he is.

Wishful thinking on your part. Unfortunately for you, wishful thinking does not make it so.

Foreign diplomats that meet with Abhisit and Yingluck can sort out in a matter of moments just who is running on all cylinders. Installing puppets to run the country does Thailand no favors.

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CAPO once again questions charter court's authority
The Nation

BANGKOK: -- The Centre for the Administration of Peace and Order (CAPO) yesterday once again made a case against dissolving the caretaker cabinet and dismissing the premier should the Constitutional Court rule against her for illegal transfer of National Security Council chief. On what constitutional authority does CAPO have the right to lecture the Constitutional Court on what the bounds of the Court's authority are, and how the court should decide cases.

CAPO member Pol Lt Col Anchulee Theerawongpaisal cited two open letters by Ukrit Mongkolnavin, chairman of the Independent National Rule of Law Commission, that said the Constitutional Court could not accept a petition on Thawil's transfer as PM Yingluck Shinawatra had already dissolved the House of Representatives and was now serving on a caretaker basis. She made all the MPs resign but neither she not her cabinet have stepped down and are still responsible to the country and to the law. To say she is not responsible to the court because she dissolved Parliament is ludicrous. The OP must have left out an explanation of why this could possibly be.

Ukrit's letter confirmed the centre's concern that the court may have overstepped its authority by deciding to rule on this case, she said. Since the Constitutional Court is the highest court in the land, it will be the judge of whether it has overstepped its authority.

The CAPO has also expressed fear that an adverse court ruling might plunge the country into civil war.
They or their co conspirators will give the orders. It's another not-so-subtle threat on how the court should rule.

Caretaker Labour Minister Chalerm Yoobamrung, who also oversees CAPO, said the ruling in Samak's case was made by the same bench that is about to pass judgement on Thawil's transfer case, with the exception of the now-retired former court president Wasan Soypisudh. When did Pol. Capt. Chalerm become a constitutional scholar?

Anchulee said the CAPO on Monday issued an order to the heads of 37 state agencies including permanent secretaries and others with equivalent positions to take criminal and civil actions against protesters from the People's Democratic Reform Committee (PDRC) who trespassed state premises, intimidated officials and damaged property.
They won't be trespassing if invited in.

They were instructed not to welcome and support PDRC protesters, it is Illegal for a state agency to discriminate which citizens enter their premises especially those facing criminal prosecution. You mean like CAPO consorting with THAKSIN?

Separately, a source close to General Nipat Thonglek, permanent secretary of the Defence Ministry, confirmed that the following message that circulated in social media came from Nipat:

"The Office of the Permanent Secretary for Defence will protect the Prime Minister and take care of the right thing as much as I can and I will take care of the PM to the fullest as [the PM is] the commander of all armed forces. As permanent secretary [of Defence], I feel unhappy if I cannot take care or let the PM or the ministers come to work."
Does anyone know General Nipat Thonglek. and his importance to this OP?
.

Edited by rametindallas
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What business is it of the CAPO to even care what a court decides or a courts authority?

Their business is to maintain peace and order just like their title says. Chalerm needs to be put in his place and start focusing on his job instead of trying to challange all that oppose YL

Sent from my GT-S5310 using Thaivisa Connect Thailand mobile app

Well indirectly he's doing his job, cuz when the CC decides against YL then the sh_t will hit the fan ...

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so a ptp leaning person writes a letter complaing that the ptp are being hard done by and capo then tries to attack the courts again when they do not even have the right to do so. These dropkicks are that stupid they think they are actually entitled to belittle whoever they like and call for a red uprising to start a war in the country just to hang onto their jobs and stop any charges of corruption against them. How pathetic can these idiots get, it high time capo was charged and dragged before the courts themselves, they are supposed to keep the country free from violence not encourage it themselves.

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CAPO - The only Centre for the administration for Peace and Order that is flaming the fires of a threat of civil war. In other words doing the opposite of what it is supposed to do.

The reconciliation bill - The only reconciliation bill in history that could start a civil war. In other words doing the opposite of what it is supposed to do.

Tony Blairs speech at Yinglucks invite "Democracy is not only about the majority taking power; it's about the majority creating some common ground with the minority. If that doesn't happen, then democracy sometimes can break down, especially if you've got one group that is very dominant." One month later common ground was found with the "Peoples" bill. Even the red shirts liked it. Thaksin didn't. Two months later the evil deformed cousin of the Worachai bill was pushed through against the will of the majority AND the minority. In other words doing the opposite of what Tony Blair suggested.

So when CAPO express a fear that an adverse court ruling might plunge the country into civil war then rest assured it is the PTP AGAIN blaming someone, anyone for what they have orchestrated since the start of November.

When you are never accountable for anything then how can you be guilty of anything.

That is PTP logic right there?

"When you are never accountable for anything then how can you be guilty of anything. That is PTP logic right there?" No, that is Thai logic and it applies to all political parties and aspiring dictators, be they military of civil. Do you recall the 2006 coup makers made a law absolving themselves from all responsibility and liability, criminal and civil, for illegally ousting the government of the day?

"PTP, just as good bad as a military junta!" they should try that in their next election posters.

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As we see, there are legitimate concerns predicated in constitutional law as to whether the judges of the CC have jurisdiction. The current membership of the judges however are the same hanging judges that removed the late Samak as PM in 2008, a move and reason that made the international community blink and shake its head at Thailand. (One judge has since retired.)

Ukrit Mongkolnavin, chairman of the Independent National Rule of Law Commission, that said the Constitutional Court could not accept a petition on Thawil's transfer as PM Yingluck Shinawatra had already dissolved the House of Representatives and was now serving on a caretaker basis.

Ukrit's letter confirmed the centre's concern that the court may have overstepped its authority by deciding to rule on this case.

It is anyway absurd to remove a PM and/or an entire government because one government employee was transferred. The democratic world laughed at Thailand when Samak the visiting cook was removed by the judges, but this time the world won't be able to laugh because of the domestic consequences and reaction in Thailand to the removal of an entire government because it transferred one single government employee.

And the statement below quoted in the OP made by General Nipat Thonglek, permanent secretary of the Defence Ministry indicates the divisions within the armed forces that leave Abhisit in the recent statements he made, of DP rules for a new election or a coup, look completely stupid and without foundation, not to mention dangerous. Abhisit continues to severely destroy all the goodwill he ever had everywhere foreign and domestic as most of his former admirers now see him as the burrowing worm that he is.

"The Office of the Permanent Secretary for Defence will protect the Prime Minister and take care of the right thing as much as I can and I will take care of the PM to the fullest as [the PM is] the commander of all armed forces. As permanent secretary [of Defence], I feel unhappy if I cannot take care or let the PM or the ministers come to work."

Have you never heard of the word 'principles'?

She transferred Thawil out (even though he was doing a fine job and was due to retire the following year) so she could place yet another relation of hers into an important department at Thaksin's demand.

She broke the law (again) as you are not allowed to personally benefit from civil service transfers especially when it involves nepotism.

Merit must always override dishing out personal favours to fellow relations in order to cement you're control on matters!!!

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CAPO need to be removed ASAP.

They have embroiled themselves into a situation where they are not performing their listed function and are in fact doing the exact opposite of attempting to stoke violence and disorder.

This is the sort of thing I would expect to come from the mouth of a terrorist organization, not an administration for peace and order.

As for the Cons Court not having authority to take this case.... The offense was against the constitution and therefore the cons court have absolute authority to make their own ruling.

As for the fact that the cabinet are in caretaker mode and thus not to be valid in the constitutional framework.... Try an dream up something better than that absurd statement..... You are trying to convince us that once parliament is dissolved, what remains is now above the rule of law?

So funny.

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As we see, there are legitimate concerns predicated in constitutional law as to whether the judges of the CC have jurisdiction. The current membership of the judges however are the same hanging judges that removed the late Samak as PM in 2008, a move and reason that made the international community blink and shake its head at Thailand. (One judge has since retired.)

Ukrit Mongkolnavin, chairman of the Independent National Rule of Law Commission, that said the Constitutional Court could not accept a petition on Thawil's transfer as PM Yingluck Shinawatra had already dissolved the House of Representatives and was now serving on a caretaker basis.

Ukrit's letter confirmed the centre's concern that the court may have overstepped its authority by deciding to rule on this case.

It is anyway absurd to remove a PM and/or an entire government because one government employee was transferred. The democratic world laughed at Thailand when Samak the visiting cook was removed by the judges, but this time the world won't be able to laugh because of the domestic consequences and reaction in Thailand to the removal of an entire government because it transferred one single government employee.

And the statement below quoted in the OP made by General Nipat Thonglek, permanent secretary of the Defence Ministry indicates the divisions within the armed forces that leave Abhisit in the recent statements he made, of DP rules for a new election or a coup, look completely stupid and without foundation, not to mention dangerous. Abhisit continues to severely destroy all the goodwill he ever had everywhere foreign and domestic as most of his former admirers now see him as the burrowing worm that he is.

"The Office of the Permanent Secretary for Defence will protect the Prime Minister and take care of the right thing as much as I can and I will take care of the PM to the fullest as [the PM is] the commander of all armed forces. As permanent secretary [of Defence], I feel unhappy if I cannot take care or let the PM or the ministers come to work."

Have you never heard of the word 'principles'?

She transferred Thawil out (even though he was doing a fine job and was due to retire the following year) so she could place yet another relation of hers into an important department at Thaksin's demand.

She broke the law (again) as you are not allowed to personally benefit from civil service transfers especially when it involves nepotism.

Merit must always override dishing out personal favours to fellow relations in order to cement you're control on matters!!!

I'd heard all this before from you and others.

People are talking past one another and it's been going on for a long time.

You know my position and I know yours.

Good day.

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As far as I know the Constitutional Court came into being as part of the constitution of 1997 or even before and THEY are the highest court in Thailand to deal with constitutional matters.

CAPO is merely something set up by a dying caretaker government and they have a responsibility as defined by the government to keep the civil peace.

They do NOT have the right. power or authority to override ANY court in the land on ANY matter at all hence, when the courts ruled that the protesters were not acting illegally CAPO or CMPO HAD to back down.

ANY interference, threats or intimidation from ANYONE in CAPO no matter who they are or who the represent are in contempt of court.

If, for example the courts demand Chalerm Yubamrung appear before them and he does not the the courts can order the police to arrest him.

They probably won't do it but THEY and NOT Chalerm have that authority.

What the PTP/UDD/RedShirts are relying on is that they will be re-elected and they are terrified of the consequences if they are not re-elected.

They don't care about Thailand or the people, but just about saving their own skins.

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"CAPO member Pol Lt Col Anchulee Theerawongpaisal cited two open letters by Ukrit Mongkolnavin, chairman of the Independent National Rule of Law Commission"

I see Ukrit and the worst offender for not following the rule of law are no strangers.

If Thaksin gets back into power Ukrit will be well rewarded for his work on Thaksin's behalf, probably with a lucrative Cabinet position.

Ukrit and Thaksin.

30165323-01.jpg

On the other cited person, she is the polar opposite of leather-faced Ukrit.

Coincidentally, she carries the exact same complete title as the Dubai dude.

Police Lieutenant-Colonel Doctor Anchulee

post-206768-0-03587400-1398234088_thumb.

Hot Cops

http://t.bangkok.coconuts.co/2013/12/06/hot-cops-steam-political-mist

Easy to see why Chalerm picked her to join Team CAPO.

:wub:

Edited by semester
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Again, if everything illegal is also unconstitutional then the ensuing chaos will cause the state and the country will fail.

To remove a PM and/or an entire government because one single government employee was transferred is absurd and but an obvious pretext to remove the PM and the government, as the poster notes in the quote below, "by any means possible."

In a normal democracy someone high in the government would fall on his sword over an illegality collectively committed. The government would not be removed by a court on the obvious pretext of an unconstitutional act by the government.

The ammart long ago invented nepotism and cronyism in Thailand yet they get off the hook entirely with you "desperate" people who see Thailand as being in "desperate times" and therefore requiring "desperate measures."

I myself always beware desperate people because desperate people who see desperate times that require desperate measures and who will use any means possible to quench their thoroughgoing desperation are extremists. Some, as in the instance of Suthep, are raging lunatics - Suthep and his PDRC.

Extremists by their nature aren't ever satisfied and will do whatever heinous acts and deeds they can get away with, will do them to a multiplicity, and, as history demonstrates to us, will rewrite and reshape the laws to support and promote their brazen extremism.

. tingtongteesood Posted 20 minutes ago
But the damage PT have done to the country is easy to see and they have to be removed by any means possible. Desperate times call for desperate measures.

The whole of the poster's post is above for anyone who might want to read it. I recommend reading the whole of the post because its guiltless and shameless stridency are revealing.

guiltless and shameless - look in the mirror and you will see both. The way you try to spin and twist the facts and omit facts you don't like and also sometimes just flat out lie to suit your chosen agenda are both guiltless and shameless indeed not to mention a number of other adjectives one could add. cheesy.gifcheesy.gifcheesy.gif

And like I said, they need to be removed by any means necessary. What is wrong with that ? It is the truth. The damage they have done to the country has nearly led the country to ruin and can't be allowed to go on.

wai2.gif

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