Is this a judicial coup?

[webfact]

WHAT OTHERS SAY
Is this a judicial coup?
Nirmal Ghosh
The Straits Times
Asia News Network

BANGKOK: -- Enraged pro-government red shirts, in their strongholds in North and Northeast, burned coffins symbolising Constitutional Court judges on Friday, two days after the court disqualified Yingluck Shinawatra as prime minister.

The Thai judiciary has come under increasing scrutiny since 2006, when the courts annulled the April 2 election that the opposition Democrat Party had boycotted. Five months later, a military coup ousted prime minister Thaksin Shinawatra on grounds of corruption and disrespecting the monarchy.

In May 2007, the Constitutional Court dissolved Thaksin's party, Thai Rak Thai, for electoral fraud during the 2006 election.

The People Power Party (PPP), which succeeded Thai Rak Thai, also did not last long. The first PPP prime minister, the truculent Samak Sundaravej, was disqualified for receiving a small payment as expenses for taking part in a television cooking show.

In December 2008, amid anti-Thaksin protests by royalist yellow shirts, who also seized Suvarnabhumi Airport, the PPP was dissolved.

That pulled the rug from under then prime minister and Thaksin's brother-in-law Somchai Wongsawat and paved the way for Democrat Party leader Abhisit Vejjajiva to become premier through a parliamentary vote.

Yingluck's disqualification was thus the third time since 2008 that a prime minister of Thailand has lost the position through a court order. And since 2006, two elections have been annulled and two of Thaksin's parties have been dissolved by court orders.

To independent legal analyst Verapat Pariyawong, the May 7 judgement that dislodged Yingluck was not a surprise.

In an e-mail to media, he wrote: "The court today made a reference to the infamous 2008 case in which the court (which comprised almost the exact same members as today), decided to remove the late prime minister Samak who went on a TV cooking show, deeming such an act as constitutional conflict of interest".

That was a "most serious encroachment by judicial power on the executive branch", he said. And as for current developments, he added: "This is a full-blown version of judicial coup with long-lasting impact on the balance of powers."

And Dr Ekachai Chainuvati, deputy head of the law faculty at Siam University in Bangkok, was quoted by the New York Times on Thursday as saying: "This is what I would call a juristocracy - a system of government governed by judges."

Benjamin Zawacki, an independent analyst, told the Straits Times: "The question is not so much the law; it is not as if people are taking issue with actual cases. It is about the consistent and almost predictable nature of these decisions."

Thaksin supporters, like those who were burning coffins in the streets on Friday, see the judiciary as an arm of the conservative royalist elites.

Said Zawacki: "People have been reluctant to criticise the judiciary. It is seen as a redoubt of the elites."

But that hesitation is fading.

Songkran Grachangnetara, a London School of Economics and Columbia University graduate who is now an entrepreneur, said: "The Constitutional Court in order to be the last resort in a conflict has to act with total - and perceived - responsibility."

He added: "But I must say the evidence is really stacking up to what a lot of academics are calling a judicial coup."


-- The Nation 2014-05-13

[EricBerg]

When a pm or minister or other authority breaks the law it goes way much further than "simple" missmanagement. Courts should step in when the law is broken.

Lil sis broke the law, so out she went.

Later she will have to answer for her management approach. Presiding over the rice scheme commission which involves many billions but not attending one single meeting of that commission, may not exactly be breaking the law but the least be very negligent. Ignoring multiple warnings about fraud and huge costs add up to a far from competent image.

And then there will be much more. F.i. the trip when she took about 40 suitcases - protected against inspection, coz diplomatic luggage - and returned with only two. There definitely is a bad smell surrounding her functioning as pm. And it has nothing to to do with the choice of pefume by the darling of Isan...

I wouldn't call this a judicial coup.

[moonao]

Yes it is

[noitom]

Of course it is. The whole idea of this Thai drama is preposterous. What a waste of time and money to pay people to write this tripe.

[See the bears]

The military broke the law with the coup. Then they forced through a constitution that gifted the courts and and blatantly biased, unelected senate more power than the government. This is a ridiculous and untenable position, but how can it be changed without the approval of those institutions with a vested interest. They have done a good job of permanently tilting the balance of power in their favour.

[tezzainoz]

she took about 40 suitcases - protected against inspection, coz diplomatic luggage - and returned with only two.

Where can we read more about this, please provide a link if true

[rubl]

Interesting that Benjamin Zawacki says people are not taking issue with these cases. It's as if he want to suggest that in a real democracy as Thailand people are not upset by a wee bit of "conflict of interest", favouring family and such.

Edited May 13, 2014 by rubl

[PatOngo]

Is this a judicial coup?

I think total mess is a better description.

[rubl]

she took about 40 suitcases - protected against inspection, coz diplomatic luggage - and returned with only two.

Where can we read more about this, please provide a link if true

Maybe a mix up with the Thaksin kids who went to London with lots of luggage and seemed to return with slightly less, six months ago when the anti-government protests started against the blanket amnesty bill ?

[stickyrice2000]

I called it, "abusing the judicial power". There are certain parties remaining in the parliament. These Supreme Court judges should be removed from their positions. They skipped many processes and decided on the verdicts in favoring one side. There is no justice of whatsoever.

Edited May 13, 2014 by stickyrice2000

[soundman]

she took about 40 suitcases - protected against inspection, coz diplomatic luggage - and returned with only two.

Where can we read more about this, please provide a link if true

That was big social network news last month.

So it must be true, she was smuggling Pangolins.

[The stuttering parrot]

This pattern by the elites to deny the thai people the elected government has been going on for years.

They didn't care about the poor or the country people and still believe that they are above the disenfranchised people of Thailand.

Say what you want about the thaksin government but he raised the plight of the poor while the smug elitie sat on their hands and done nothing.

The problem is now for the yellow dems is that they have aligned themselves with sutep who's only agenda is to get something he cannot archive via the people and that's power.

The people of Thailand have seen their elected government thawted to many times now to have any respect for the courts as decision after decision goes against the government elected by the people.

The elections should go ahead on July 20 and once again the people will decide and it will be a PTP win.

The yellow dems should then do some soul searching reinvent themselves and gain the respect of the entire country not just their precious elite.

[chainarong]

Unfortunately some of our expert commentators from outside have no affinity with Thailand , they listen to a few comments and then make a news programme , so this is just silly nonsense of a judicial coup, the law was broken simple maths this , offences had occurred and if the courts ruling is dismissal then so be it , make no bones about it theses judges hold no interest in these politicians what so ever , they are a cut above the current cut of politicians, and lets face it previous and present governments have all been down this path in Thailand, that's the reason the constitution was enacted, to stop governments thinking they are a cut above the rest of the population , in reality they are a employer of the people, not the ruling junta.

[geriatrickid]

When a pm or minister or other authority breaks the law it goes way much further than "simple" missmanagement. Courts should step in when the law is broken.

Lil sis broke the law, so out she went.

Later she will have to answer for her management approach. Presiding over the rice scheme commission which involves many billions but not attending one single meeting of that commission, may not exactly be breaking the law but the least be very negligent. Ignoring multiple warnings about fraud and huge costs add up to a far from competent image.

And then there will be much more. F.i. the trip when she took about 40 suitcases - protected against inspection, coz diplomatic luggage - and returned with only two. There definitely is a bad smell surrounding her functioning as pm. And it has nothing to to do with the choice of pefume by the darling of Isan...

I wouldn't call this a judicial coup.

You have made a blatantly false and malicious insinuation . Now back up your disgusting allegation.

[Just1Voice]

I don't really have a problem, or not too much of one, for the courts "guilty" verdicts. If you're guilty of violating the law, that's all there is to it. What I do have a problem with is their "sentencing" on those guilty verdicts. Come on, removing a PM for one appearance on a cooking show. I'm sure there were other "options" and sanctions that could have been imposed. But it's also difficult to observe them as "non-partisan" when they dissolve a party for "vote fraud", yet fail to even listen to charges against the Democrats for the same thing, citing the suit as frivolous, stating there was no evidence for it, without even reading the suit to begin with. They simply rejected it out of hand. Ok, sorry folks, but THAT is biased. And, to appearances, they go after anything connected to Thaksin in any way like starving Pit Bulls after a fresh steak, while allowing cases against the "royal elites", such as PAD and Dems sit and collect dust. Where are the cases on the PAD's occupation of Government House, or the take over of the airport and shutting down the country? Why has Sondhi, with 5 convictions against him, still free to walk the streets? Let the punishment fit the crime, and apply the law equally and fairly for all, which, often times, doesn't seem to be the case.

[geriatrickid]

Unfortunately some of our expert commentators from outside have no affinity with Thailand , they listen to a few comments and then make a news programme , so this is just silly nonsense of a judicial coup, the law was broken simple maths this , offences had occurred and if the courts ruling is dismissal then so be it , make no bones about it theses judges hold no interest in these politicians what so ever , they are a cut above the current cut of politicians, and lets face it previous and present governments have all been down this path in Thailand, that's the reason the constitution was enacted, to stop governments thinking they are a cut above the rest of the population , in reality they are a employer of the people, not the ruling junta.

The military dictatorship and its allies wrote the constitution. It contained multiple "laws" that would allow judicial intervention.

Then the military appointed senators such that it would maintain a majority of supporters in the senate.

Then the senate appointed judges and officials who had the "right" affiliations and views.

Then, when the Abhisit government took office, it made sure to top up its stranglehold on the senate.

After two successive PTP electoral victories, the PTP had a chance to appoint a few senators and although the elected senators numbers started to swing in favour of the PTP, it wasn't enough.

And now the military and its allies have a judiciary and senate that it appointed intervene to ensure that they can maintain their death grip on the country.

The senate and the judiciary are the legacy gift that keeps on giving. It's a lot like herpes.

If you don't want to see the manipulation and the interference, fine, you go along for the ride.

[smutcakes]

Funnt how this whole thing started on the TS amnesty thing. Where were the generals and Suthep when they were granting themselves amnesty after the coup?

[jaapfries]

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This pattern by the elites to deny the thai people the elected government has been going on for years.

They didn't care about the poor or the country people and still believe that they are above the disenfranchised people of Thailand.

Say what you want about the thaksin government but he raised the plight of the poor while the smug elitie sat on their hands and done nothing.

The problem is now for the yellow dems is that they have aligned themselves with sutep who's only agenda is to get something he cannot archive via the people and that's power.

The people of Thailand have seen their elected government thawted to many times now to have any respect for the courts as decision after decision goes against the government elected by the people.

The elections should go ahead on July 20 and once again the people will decide and it will be a PTP win.

The yellow dems should then do some soul searching reinvent themselves and gain the respect of the entire country not just their precious elite.

It is amazing that it takes a "Stuttering Parrot" to hit the nail squarly on the head . . . . . . . .

The ONLY reason that the PTP (Thaksin) is getting re-elected, time-after-time, is that they:

1) Pay Isaan-folk to vote for them

2) They are 'seen' by these people (the vast majority in Thailand) to actually "care' about them by putting into place a few 'populist policies'.

This is all blatantly obvious; so - as the Parrot so rightly puts it "The yellow dems should then do some soul searching reinvent themselves and gain the respect of the entire country not just their precious elite.

This is no rocket-science and I find it hard to believe that the Dems' haven't worked this out for themselves as yet ? ? ? ?

The Democrats should start "building bridges": literally and figuratively - and NOW ! ! ! ! !

[rubl]

Unfortunately some of our expert commentators from outside have no affinity with Thailand , they listen to a few comments and then make a news programme , so this is just silly nonsense of a judicial coup, the law was broken simple maths this , offences had occurred and if the courts ruling is dismissal then so be it , make no bones about it theses judges hold no interest in these politicians what so ever , they are a cut above the current cut of politicians, and lets face it previous and present governments have all been down this path in Thailand, that's the reason the constitution was enacted, to stop governments thinking they are a cut above the rest of the population , in reality they are a employer of the people, not the ruling junta.

The military dictatorship and its allies wrote the constitution. It contained multiple "laws" that would allow judicial intervention.

Then the military appointed senators such that it would maintain a majority of supporters in the senate.

Then the senate appointed judges and officials who had the "right" affiliations and views.

Then, when the Abhisit government took office, it made sure to top up its stranglehold on the senate.

After two successive PTP electoral victories, the PTP had a chance to appoint a few senators and although the elected senators numbers started to swing in favour of the PTP, it wasn't enough.

And now the military and its allies have a judiciary and senate that it appointed intervene to ensure that they can maintain their death grip on the country.

The senate and the judiciary are the legacy gift that keeps on giving. It's a lot like herpes.

If you don't want to see the manipulation and the interference, fine, you go along for the ride.

Are you in the habit of defaming a Senate and the Judiciary in a country?

Also you seem to provide half-truths. The 2007 constitution is mainly the 1997 version with clarificatons. The main black blob is the coup involved amnesty bit only.

The rest is just your opinion as it would seem to you anyone who is against Yingluck, Pheu Thai must be wrong.

[Mentors]

Yes it is, hand in hand with a slow-motion-Putsch. Its not done yet.

[MGP]

This pattern by the elites to deny the thai people the elected government has been going on for years.

They didn't care about the poor or the country people and still believe that they are above the disenfranchised people of Thailand.

Say what you want about the thaksin government but he raised the plight of the poor while the smug elitie sat on their hands and done nothing.

The problem is now for the yellow dems is that they have aligned themselves with sutep who's only agenda is to get something he cannot archive via the people and that's power.

The people of Thailand have seen their elected government thawted to many times now to have any respect for the courts as decision after decision goes against the government elected by the people.

The elections should go ahead on July 20 and once again the people will decide and it will be a PTP win.

The yellow dems should then do some soul searching reinvent themselves and gain the respect of the entire country not just their precious elite.

Repeating the word "elites" like a parrot.....

Nobody believes anymore the old mantra claiming that the Shinawatras protect and represent the rural classes, repeated on and on by the paid-pens of Amsterdam and Peroff. They represent their own interests, and the interest of their friend's corporations.

Look at this picture. Anant Asavabhokhin, a mega-rich elite CEO of Land & Houses at UDD protest yesterday:

And the consequent comments at Twitter:

teamkorn ‏@teamkorn 26 mins

MT @chomsowhat Anant Asavabhokhin, a CEO of Land & Houses was seen at UDD protest. Via @Nalinee_PLE pic.twitter.com/33KYpQZGV6

Did you know that Yingluck decreased corporate income tax (for the rich) from 30 percent to 20 percent? One reason why tax revenues fell.

I hv an interesting question for all of you. PT had policy that served self-interest i.e. Thaksin Amnesty Bill & decrease tax for corporates

Question: Can you name a Democrat policy that served self-interest the same degree as Thaksin Amnesty Bill or decrease tax for corporates?

Edited May 13, 2014 by MGP

[uty6543]

Yes it is

Oh no it isn't

[Bluespunk]

"Is this a judicial coup?"

No, it's comeuppance for abuse of authority.

[rubl]

Funnt how this whole thing started on the TS amnesty thing. Where were the generals and Suthep when they were granting themselves amnesty after the coup?

The coup leader General Sonthi turned politician, joined the Pheu Thai led coalition government under Ms. Yingluck and voted in favour of the blanket amnesty bill. Probably to be double sure

[pookiki]

Unfortunately some of our expert commentators from outside have no affinity with Thailand , they listen to a few comments and then make a news programme , so this is just silly nonsense of a judicial coup, the law was broken simple maths this , offences had occurred and if the courts ruling is dismissal then so be it , make no bones about it theses judges hold no interest in these politicians what so ever , they are a cut above the current cut of politicians, and lets face it previous and present governments have all been down this path in Thailand, that's the reason the constitution was enacted, to stop governments thinking they are a cut above the rest of the population , in reality they are a employer of the people, not the ruling junta.

The military dictatorship and its allies wrote the constitution. It contained multiple "laws" that would allow judicial intervention.

Then the military appointed senators such that it would maintain a majority of supporters in the senate.

Then the senate appointed judges and officials who had the "right" affiliations and views.

Then, when the Abhisit government took office, it made sure to top up its stranglehold on the senate.

After two successive PTP electoral victories, the PTP had a chance to appoint a few senators and although the elected senators numbers started to swing in favour of the PTP, it wasn't enough.

And now the military and its allies have a judiciary and senate that it appointed intervene to ensure that they can maintain their death grip on the country.

The senate and the judiciary are the legacy gift that keeps on giving. It's a lot like herpes.

If you don't want to see the manipulation and the interference, fine, you go along for the ride.

Are you in the habit of defaming a Senate and the Judiciary in a country?

Also you seem to provide half-truths. The 2007 constitution is mainly the 1997 version with clarificatons. The main black blob is the coup involved amnesty bit only.

The rest is just your opinion as it would seem to you anyone who is against Yingluck, Pheu Thai must be wrong.

Clarifications????

[Nickymaster]

We are Pheu Thai. Since we became the government we have slipped a few positions on the corruption index. We now operate in a very corrupt country and without transparency. We promote nepotism. We are basically untouchable because we have a majority. We never justify any of our actions. During a now confidence debate we only sarcastically smile at our opponents. Our PM, Yingluck, has never had a debate with anyone and doesn't answers questions from the opposition.

And if we are investigated for our wrongdoings we call it a judicial coup and send our Red army after the judges and anybody else who interferes with OUR way of running this country.

Edited May 13, 2014 by Nickymaster

[Suriya4]

Of course it is NOT. Yingluck (like Samak and Somchai) broke the law, hence it is only right to be sack. Less law will no longer be respected. Same same, if you don't stand up before the national anthem, you go to 5 years jail.

[Thait Spot]

Interesting that Benjamin Zawacki says people are not taking issue with these cases. It's as if he want to suggest that in a real democracy as Thailand people are not upset by a wee bit of "conflict of interest", favouring family and such.

Is he saying that or is he saying that people are not taking issue because the cases are legally sound?

A bit ambiguous

Sent from my Nexus 4 using Thaivisa Connect Thailand mobile app

[jayboy]

This pattern by the elites to deny the thai people the elected government has been going on for years.

They didn't care about the poor or the country people and still believe that they are above the disenfranchised people of Thailand.

Say what you want about the thaksin government but he raised the plight of the poor while the smug elitie sat on their hands and done nothing.

The problem is now for the yellow dems is that they have aligned themselves with sutep who's only agenda is to get something he cannot archive via the people and that's power.

The people of Thailand have seen their elected government thawted to many times now to have any respect for the courts as decision after decision goes against the government elected by the people.

The elections should go ahead on July 20 and once again the people will decide and it will be a PTP win.

The yellow dems should then do some soul searching reinvent themselves and gain the respect of the entire country not just their precious elite.

Repeating the word "elites" like a parrot.....

Nobody believes anymore the old mantra claiming that the Shinawatras protect and represent the rural classes, repeated on and on by the paid-pens of Amsterdam and Peroff. They represent their own interests, and the interest of their friend's corporations.

Look at this picture. Anant Asavabhokhin, a mega-rich elite CEO of Land & Houses at UDD protest yesterday:

And the consequent comments at Twitter:

teamkorn ‏@teamkorn 26 mins

MT @chomsowhat Anant Asavabhokhin, a CEO of Land & Houses was seen at UDD protest. Via @Nalinee_PLE pic.twitter.com/33KYpQZGV6

Did you know that Yingluck decreased corporate income tax (for the rich) from 30 percent to 20 percent? One reason why tax revenues fell.

I hv an interesting question for all of you. PT had policy that served self-interest i.e. Thaksin Amnesty Bill & decrease tax for corporates

Question: Can you name a Democrat policy that served self-interest the same degree as Thaksin Amnesty Bill or decrease tax for corporates?

I am afraid you have rather missed the point.The picture of Khun Anant, Land and House CEO, as an apparent redshirt sympathiser is of interest only because it is so unusual, the exception rather than the norm.That's why Korn's Twitter team posted it so as to suggest there are elite types on both sides.And so there are except far far more on one side than the other.As the Suthep movement slowly disintegrates, the Democrats revitalise themselves and a compromise is agreed I would expect many big corporates to abandon their current extremist and actually hopeless position.Their interest is making money for themselves and their shareholders, and they will do what is necessary to secure that end.I looked up the twitter comments you mention.The most perceptive was one recognising there were elite types on both sides but that the broadly supported the caretaker government had hugely more grassroots support.

[Nickymaster]

The military broke the law with the coup. Then they forced through a constitution that gifted the courts and and blatantly biased, unelected senate more power than the government. This is a ridiculous and untenable position, but how can it be changed without the approval of those institutions with a vested interest. They have done a good job of permanently tilting the balance of power in their favour.

Let's refresh our minds why there was a coup in the first place:

The military junta in a public announcement (blamed) Thaksin for the coup. The official statement said the ousted leader had caused “an unprecedented rift in society, widespread corruption, nepotism, and interfered with independent agencies, crippling them so they cannot function. If [Thaksin's regime] is allowed to govern it will hurt the country. They have also repeatedly insulted the King. Thus the council needed to seize power.”

You said the military broke the law with the coup. Could you please explain which law?