We can't pick a new PM, senior Thai judge says

[webfact]

POLITICS
We can't pick a new PM, senior judge says
The Nation

BANGKOK: -- A call by Rally leader Suthep Thaugsuban for the Senate Speaker to consult with the Supreme Court, the Supreme Administrative Court, Constitutional Court and Election Commission to nominate a neutral PM received a cool reception yesterday with a senior judge saying no charter provision empowered judges to do that.

The judge, who asked not to be named, said such a proposal was unprecedented in Thai history.

"Although judges of the Administrative Court, the Constitutional Court and the Supreme Court were asked to help dissolve a political crisis before the September 2006 coup, their role was only to hear cases righteously and without political bias and not to nominate a PM as demanded by Suthep," he said.

"There is not any provision in the charter that empowers judges with such responsibility. Opponents of Suthep and his People's Democratic Reform Committee (PDRC) will reject the proposal and that would not help reduce the conflict. It is not easy for the presidents of the three high courts to nominate a PM because that would involve the courts, which are the country's important institution in politics," the judge said.

The proposal was a sensitive issue as it may be deemed a violation of Royal power, he said, and if rivals of the PDRC did the same move, how could the crisis be resolved?

The government's Centre for the Administration of Peace and Order (CAPO) issued a statement against the PDRC proposal, saying it was unconstitutional because the PM must be an MP and voted for by the House of Representatives. Besides, the country was still run by a

caretaker Cabinet led by acting PM Niwattumrong Boonsongpaisan.

"To appoint a new Cabinet and PM while the current one is still in power is unconstitutional and may be deemed a violation of the royal power," the statement said.

Pheu Thai spokesman Prompong Nopparit said that Suthep's goal in seizing Government House and calling for an "Article 7 PM" was designed to provoke the military to stage a coup the same way the People's Alliance for Democracy group did.

Meanwhile, the government camp has said it plans to arrest Suthep and other leaders today. Department of Special Investigation chief Tarit Pengdith said yesterday the Arintarat police SWAT team was ready to round up Suthep and 13 other PDRC leaders.

Tarit said a court would decide today whether to approve arrest warrants for Suthep and 51 others wanted on 10 serious charges including sedition and insurrection after the Office of the Attorney General had decided to indict them.

"We are confident we will have permission to arrest them and we will have the Anti-Money Laundering Commission seize their assets. The SWAT team is ready, if we have the warrant tomorrow [Monday], we will immediately start the operation," Tarit said.

The DSI chief warned people not involved to stay away from the targeted PDRC leaders or they could risk being injured possibly from stray bullets or clashes, because Suthep and 13 PDRC leaders are heavily guarded. Tarit said different police teams had been assigned to seek an opportunity to nab each of the 14 leaders.

He insisted the operation was not to disperse the anti-government protest and was not directly related to the proposal to nominate a neutral PM.


-- The Nation 2014-05-12

[EricBerg]

The stalemate continues. Now Tarit raise his voice again. With or without those warrants, there probably will be shooting anyway. It simply is the Thaksin way of dealing with defeat.His puppets only follow orders.

[bino]

seizing Government House and calling for an "Article 7 PM" was designed to provoke the military to stage a coup

This is what every Thai I have spoken with is fully expecting to happen. It is historically the way these ordeals cycle in Thailand... the army imposes martial law and sorts out the mess made by the government.

Even though is isn't "politically correct" in the eyes of the rest of the world, it is probably the best solution for Thailand.

The problem is that there really is no one that anybody will agree upon to be the new prime minister. There is nobody capable and admired enough to step up to the plate for this. It seems that no side is going to give way in this fight, and these people need someone to tell them specifically what to do without any negotiation or options.

A coup is probably the best solution... as long as the army is on board with reform and willing to make it happen. Suspend the constitution (which will ultimately have to be redrafted anyway to cover the new reforms) and do some serious housecleaning under the provision of martial law.

Eradicate the Shin clan permanently, finishing what was started in 2006. Once the necessary reforms have been made and stability restored, a new election can be implemented.

Unfortunately, some blood is going to have to be spilled somewhere before the army will take action and this becomes a reality.

Edited May 11, 2014 by bino

[RogueExpat]

Jeez, just read this.

Tarit's intended actions seem to be to provoke a fight with a guaranteed loss of life.

He has most likely been instructed to do this to force the army to step in, which is probably Thaksin's (and Pheu Thai politicians who are up on corruption and other criminal charges) only way out.

The only people who will currently benefit from a coup are the Shinawatr clan and their cronies.

[Mango Bob]

About time someone from the court made sense. Of course they can not pick a new PM. He knows this too bad Suthep can't seem to understand this. So were off to Final Battle # 209 with rent a space at government house given him a big head.

[Sunderland]

All parties should come to an end eventually and while in the real world it looks increasingly likely that without more support Suthep will either be arrested or shot, back in cuckoo land it is far more likely that he will be allowed to continue his merry dance and announce the next final battle for the week after next week. The entire story beteeen both sides is a tragic comedy.

Edited May 11, 2014 by Sunderland

[Tatsujin]

So the attack dogs have been left off their leashes again . . . expect more blood and violence over the next few days then . . .

[Tatsujin]

About time someone from the court made sense. Of course they can not pick a new PM. He knows this too bad Suthep can't seem to understand this. So were off to Final Battle # 209 with rent a space at government house given him a big head.

Calm down . . . when the rest of the ex-MP's are indicted and kicked out for their actions in the Senate changes and rice scam, couple that with PT being banned, then there will be the vacuum needed for others to select the new cabinet and PM.

[Sunderland]

Jeez, just read this.

Tarit's intended actions seem to be to provoke a fight with a guaranteed loss of life.

He has most likely been instructed to do this to force the army to step in, which is probably Thaksin's (and Pheu Thai politicians who are up on corruption and other criminal charges) only way out.

The only people who will currently benefit from a coup are the Shinawatr clan and their cronies.

That is an interesting opinion given that others think Suthep wants a coup.

I think what we can see is that a coup is almost unavoidable at this point. However,the timing of it will be crucial and shaped by what happens in the coming days and weeks. Who will blink first and show their cards too quickly?

[Thait Spot]

Tarit obviously feels he is immune from murder charges

Sent from my Nexus 4 using Thaivisa Connect Thailand mobile app

[Bluespunk]

"He insisted the operation was not to disperse the anti-government protest and was not directly related to the proposal to nominate a neutral PM." {Tarit insisting}

Liar

[chainarong]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

The stalemate continues. Now Tarit raise his voice again. With or without those warrants, there probably will be shooting anyway. It simply is the Thaksin way of dealing with defeat.His puppets only follow orders.

Well you are certainly not going to get any piece by arresting them at this point , Tarit seems to be hell bent on increasing the problem, this could back fire big time on him and he's henchmen, I think the softly softly approach is needed until it is sorted , not curing the problem with a sledge hammer approach, like pouring fuel on a fire..

[chainarong]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Jeez, just read this.

Tarit's intended actions seem to be to provoke a fight with a guaranteed loss of life.

He has most likely been instructed to do this to force the army to step in, which is probably Thaksin's (and Pheu Thai politicians who are up on corruption and other criminal charges) only way out.

The only people who will currently benefit from a coup are the Shinawatr clan and their cronies.

That is an interesting opinion given that others think Suthep wants a coup.

I think what we can see is that a coup is almost unavoidable at this point. However,the timing of it will be crucial and shaped by what happens in the coming days and weeks. Who will blink first and show their cards too quickly?

A coup may take out the Shinawatra family, because this coup there will be lots of blood spilt , is that what everyone wants.

[phutoie2]

Suthep may reconsider his plans to occupy the Government house building he has been given this morning. There are 6 companies of Army and Police there, nice cordon for Tarits SWAT squads to go in and do their business.

Edited May 12, 2014 by phutoie2

[Robby nz]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Jeez, just read this.

Tarit's intended actions seem to be to provoke a fight with a guaranteed loss of life.

He has most likely been instructed to do this to force the army to step in, which is probably Thaksin's (and Pheu Thai politicians who are up on corruption and other criminal charges) only way out.

The only people who will currently benefit from a coup are the Shinawatr clan and their cronies.

That is an interesting opinion given that others think Suthep wants a coup.

I think what we can see is that a coup is almost unavoidable at this point. However,the timing of it will be crucial and shaped by what happens in the coming days and weeks. Who will blink first and show their cards too quickly?

A coup may take out the Shinawatra family, because this coup there will be lots of blood spilt , is that what everyone wants.

If Tarit carries through with this threat it will be a clear provocation for the army to step in, should they do that it will in turn will bring on Jutaporn's civil war.

I note however that around here on the central plain life goes on as normal, the markets are fully functional, the shops open, the farmers who have permanent water (and some money) are preparing the paddy and planting with no conflict between those of different political views.

The few who want to go support either side in BKK have gone but whether they know what they are getting themselves in to is another thing.

As I posted elsewhere, rather than a coup the army should be forcing the police to combine with them to do the job of the police, always working together to form an effective peace keeping force.

This would include army top brass sitting in on CAPO to bring some neutrality to their operation.

And Oh yes, the judges are right stay out of this and do your job in the courts.

[noitom]

Thai officials communicating with Mr. Suthep should be cautious lest they be assumed to be colluding with a seditionist. They should steer clear of him.

[Prbkk]

seizing Government House and calling for an "Article 7 PM" was designed to provoke the military to stage a coup

This is what every Thai I have spoken with is fully expecting to happen. It is historically the way these ordeals cycle in Thailand... the army imposes martial law and sorts out the mess made by the government.

Even though is isn't "politically correct" in the eyes of the rest of the world, it is probably the best solution for Thailand.

The problem is that there really is no one that anybody will agree upon to be the new prime minister. There is nobody capable and admired enough to step up to the plate for this. It seems that no side is going to give way in this fight, and these people need someone to tell them specifically what to do without any negotiation or options.

A coup is probably the best solution... as long as the army is on board with reform and willing to make it happen. Suspend the constitution (which will ultimately have to be redrafted anyway to cover the new reforms) and do some serious housecleaning under the provision of martial law.

Eradicate the Shin clan permanently, finishing what was started in 2006. Once the necessary reforms have been made and stability restored, a new election can be implemented.

Unfortunately, some blood is going to have to be spilled somewhere before the army will take action and this becomes a reality.

You may well be right in suggesting that military intervention is a possibility. However, based on previous military involvement, the suggestion that they would sort things out is ludicrous: hallmarks of military govts in Thailand...economic mismagement, cronyism/corruption, falling foreign investment. The only thing they ever "sort out" is their own budget and promotions.

[smedly]

About time someone from the court made sense. Of course they can not pick a new PM. He knows this too bad Suthep can't seem to understand this. So were off to Final Battle # 209 with rent a space at government house given him a big head.

PtP had no authority to do it either, at best they appointed a new party leader not PM in any form or stature - only the Senate is empowered to do that under article 7.....fact

[smedly]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Jeez, just read this.

Tarit's intended actions seem to be to provoke a fight with a guaranteed loss of life.

He has most likely been instructed to do this to force the army to step in, which is probably Thaksin's (and Pheu Thai politicians who are up on corruption and other criminal charges) only way out.

The only people who will currently benefit from a coup are the Shinawatr clan and their cronies.

That is an interesting opinion given that others think Suthep wants a coup.

I think what we can see is that a coup is almost unavoidable at this point. However,the timing of it will be crucial and shaped by what happens in the coming days and weeks. Who will blink first and show their cards too quickly?

A coup may take out the Shinawatra family, because this coup there will be lots of blood spilt , is that what everyone wants.

If Tarit carries through with this threat it will be a clear provocation for the army to step in, should they do that it will in turn will bring on Jutaporn's civil war.

I note however that around here on the central plain life goes on as normal, the markets are fully functional, the shops open, the farmers who have permanent water (and some money) are preparing the paddy and planting with no conflict between those of different political views.

The few who want to go support either side in BKK have gone but whether they know what they are getting themselves in to is another thing.

As I posted elsewhere, rather than a coup the army should be forcing the police to combine with them to do the job of the police, always working together to form an effective peace keeping force.

This would include army top brass sitting in on CAPO to bring some neutrality to their operation.

And Oh yes, the judges are right stay out of this and do your job in the courts.

I almost agree with what you said except for CAPO, remove Charlerm Tarit and Pong and form a new team in CAPO and you might be one step closer

[tezzainoz]

Question:

If the army declares Martial Law to keep the peace

and does not take over the government

Is that a Coupe or just protecting the people from harm

een this has differing opinions

[smedly]

seizing Government House and calling for an "Article 7 PM" was designed to provoke the military to stage a coup

This is what every Thai I have spoken with is fully expecting to happen. It is historically the way these ordeals cycle in Thailand... the army imposes martial law and sorts out the mess made by the government.

Even though is isn't "politically correct" in the eyes of the rest of the world, it is probably the best solution for Thailand.

The problem is that there really is no one that anybody will agree upon to be the new prime minister. There is nobody capable and admired enough to step up to the plate for this. It seems that no side is going to give way in this fight, and these people need someone to tell them specifically what to do without any negotiation or options.

A coup is probably the best solution... as long as the army is on board with reform and willing to make it happen. Suspend the constitution (which will ultimately have to be redrafted anyway to cover the new reforms) and do some serious housecleaning under the provision of martial law.

Eradicate the Shin clan permanently, finishing what was started in 2006. Once the necessary reforms have been made and stability restored, a new election can be implemented.

Unfortunately, some blood is going to have to be spilled somewhere before the army will take action and this becomes a reality.

You may well be right in suggesting that military intervention is a possibility. However, based on previous military involvement, the suggestion that they would sort things out is ludicrous: hallmarks of military govts in Thailand...economic mismagement, cronyism/corruption, falling foreign investment. The only thing they ever "sort out" is their own budget and promotions.

Rubbish

Army chief Prayuth Chan-ocha is the only man talking sense in this debacle, he has shown restraint throughout and just being there has likely saved countless lives

When he acts it could be the best option to bring an end to this nonesense

[ChrisY1]

"There is not any provision in the charter that empowers judges with such responsibility."

Is there anywhere in the charter that says that they "can't" elect a temporary PM?

They're all frightened of the intimidation that would result..........the CC judges have a pair.....not many of the others have!

[Bkungbank]

I agree to change certain corruption in the country but to nominate a PM totally wrong as a democratic country cannot just choose a PM without an election by the people it's more like communist if no election only chosen by certain powerful people. DSI should focus on his duty by arrest someone shooting M 79 and not involved in politic by raising certain issue that's not a duty of head of DSI.

[Estrada]

About time someone from the court made sense. Of course they can not pick a new PM. He knows this too bad Suthep can't seem to understand this. So were off to Final Battle # 209 with rent a space at government house given him a big head.

PtP had no authority to do it either, at best they appointed a new party leader not PM in any form or stature - only the Senate is empowered to do that under article 7.....fact

Not true, they have the Authority. The reason that most Governments have Deputy Prime Ministers is so that they can take over as acting PM in the event of the PM being incapacitated, removed from office, or following impeachment. Thailand system is similar to the United States. If Obama was removed from office, died or was impeached, Joe Biden will take over.

Edited May 12, 2014 by Estrada

[dinger]

"Meanwhile, the government camp has said it plans to arrest Suthep and other leaders today. Department of Special Investigation chief Tarit Pengdith said yesterday the Arintarat police SWAT team was ready to round up Suthep and 13 other PDRC leaders".

I know gambling is not legal here but my money is on this never happening

[Donnie Brasco]

POLITICS

We can't pick a new PM, senior judge says

The Nation

BANGKOK: -- A call by Rally leader Suthep Thaugsuban for the Senate Speaker to consult with the Supreme Court, the Supreme Administrative Court, Constitutional Court and Election Commission to nominate a neutral PM received a cool reception yesterday with a senior judge saying no charter provision empowered judges to do that.

The judge, who asked not to be named, said such a proposal was unprecedented in Thai history.

"Although judges of the Administrative Court, the Constitutional Court and the Supreme Court were asked to help dissolve a political crisis before the September 2006 coup, their role was only to hear cases righteously and without political bias and not to nominate a PM as demanded by Suthep," he said.

"There is not any provision in the charter that empowers judges with such responsibility. Opponents of Suthep and his People's Democratic Reform Committee (PDRC) will reject the proposal and that would not help reduce the conflict. It is not easy for the presidents of the three high courts to nominate a PM because that would involve the courts, which are the country's important institution in politics," the judge said.

The proposal was a sensitive issue as it may be deemed a violation of Royal power, he said, and if rivals of the PDRC did the same move, how could the crisis be resolved?

The government's Centre for the Administration of Peace and Order (CAPO) issued a statement against the PDRC proposal, saying it was unconstitutional because the PM must be an MP and voted for by the House of Representatives. Besides, the country was still run by a

caretaker Cabinet led by acting PM Niwattumrong Boonsongpaisan.

"To appoint a new Cabinet and PM while the current one is still in power is unconstitutional and may be deemed a violation of the royal power," the statement said.

Pheu Thai spokesman Prompong Nopparit said that Suthep's goal in seizing Government House and calling for an "Article 7 PM" was designed to provoke the military to stage a coup the same way the People's Alliance for Democracy group did.

Meanwhile, the government camp has said it plans to arrest Suthep and other leaders today. Department of Special Investigation chief Tarit Pengdith said yesterday the Arintarat police SWAT team was ready to round up Suthep and 13 other PDRC leaders.

Tarit said a court would decide today whether to approve arrest warrants for Suthep and 51 others wanted on 10 serious charges including sedition and insurrection after the Office of the Attorney General had decided to indict them.

"We are confident we will have permission to arrest them and we will have the Anti-Money Laundering Commission seize their assets. The SWAT team is ready, if we have the warrant tomorrow [Monday], we will immediately start the operation," Tarit said.

The DSI chief warned people not involved to stay away from the targeted PDRC leaders or they could risk being injured possibly from stray bullets or clashes, because Suthep and 13 PDRC leaders are heavily guarded. Tarit said different police teams had been assigned to seek an opportunity to nab each of the 14 leaders.

He insisted the operation was not to disperse the anti-government protest and was not directly related to the proposal to nominate a neutral PM.

-- The Nation 2014-05-12

Why not ??

That's what they did way down in Flawda, in 'marka, the seat of, the inventor of, the cradle of and the world-protector of Democracy.

Hey, funseekers: "There ARE no democracies in this world"

None.

Just wars and killings in their name.

"Sometimes, 'fuggedabowdit' just means fuggedabowdit. . . . "

[ExpatOilWorker]

Now, lets move forward.......

[gabruce]

"There is not any provision in the charter that empowers judges with such responsibility."

Is there anywhere in the charter that says that they "can't" elect a temporary PM?

They're all frightened of the intimidation that would result..........the CC judges have a pair.....not many of the others have!

I don't kjnow of any clause in the charter that says the judges cannot elect a temporary PM. There is also no clause saying that I cannnot elect a temporary PM. They also forget to mention my neighbour and the USA.

I think the point is that what's relevant is what authority and responsibility is given, and not what isn't mentioned.

Of course it appears that the whole constitution is ambiguous over what happens with a caretaker government and failed elections.

Truly they need to have talks on resolving the current situation.

[tigermonkey]

"that would involve the courts, which are the country's important institution in politics," the judge said"

He simply does NOT understand that for a democracy to function, all courts must be unbiased and apolitical. To say that the courts are " the country's important institution in politics" once again shows the long-standing Thai tradition of playing ' pretend democracy'.

[AleG]

Awww diddums... now what will the "Judicial Coup" Rumor Mongering Cyber Warriors Division say?