Thai editorial: Where will 'reform' place the judiciary?

[webfact]

EDITORIAL
Where will 'reform' place the judiciary?
The Nation

Thais need to accept independent agencies and the vital role they play in our check and balance system

BANGKOK: -- One of the biggest technical headaches concerning how to politically reform Thailand has to do with the judiciary. On June 21, the Pheu Thai Party asked those who overthrew it to keep in mind that the courts in the future shall never get involved in politics.

It's a request as controversial as the perceived role of the judges. And whatever comes out of the "reform" process in this regard will determine Thailand's political course.

Pheu Thai, like the People Power Party and the Thai Rak Thai Party before it, has been at the "wrong" end of Thailand's checks and balances. Whereas its opponents applauded such court rulings including the one that overturned the transfer of ex-National Security Council chief Thawil Pliensri.

Pheu Thai felt it had been "persecuted". The Constitution Court and the National Anti-Corruption Commission, among other institutions, have been portrayed as tools of an "anti-democracy conspiracy".

Critics of Pheu Thai insisted that the "conspiracy" claims were only meant to deflect attention from genuine wrongdoings. The Democrat Party, Pheu Thai's main political rival, lost its most influential powerbroker when late Sanan Kachornprasart was banned from politics for five years for "false" debts in his assets report.

Democrat political star Apirak Kosayodhin relinquished his Bangkok governorship after being implicated in a corruption scandal. Many senatorial election candidates disqualified by the Election Commission in 2001 had nothing to do with the then Thai Rak Thai Party.

So, has it been a case of the courts - and the related parts of the checks and balances - interfering with politics, or politicians were simply trying to look like victims instead of convicts?

And when the Constitution Court in 2001 acquitted Thaksin Shinawatra of the infamous share-concealment scandal, in effect allowing him to serve as prime minister for over five years, was it "injustice" or a rightful ruling?

If it were "justice served", how come the Constitution Court was accused of being an anti-government political tool? If it were a bad verdict, how come Thai Rak Thai never said anything back then?

Not only does Thailand need checks and balances, the country must also change its mentality about checks and balances big time. Reform should start with getting the whole of Thailand to realise how important it is for all the three "pillars" of democracy - the executive branch, the legislature and the judiciary - to counter balance one another.

Democracy, Thais must learn, is not just about going to vote. What happens after an election is decided and a government formed is equally essential.

Is the current system good? The "independent organisations" have structures tied, allegedly at least, to the political party "controls" the Senate. This complication made the Pheu Thai Party come under attack when it tried to push for a constitutional amendment that critics said would cement the already strong alliance between the legislature and the executive branch.

If we are to maintain a "three-pillar" style of democracy, a lot of changes are needed. The present system makes the executive branch want to control Parliament and the judiciary is always in danger of being alienated.

Pheu Thai's request that the courts shall never be "politicised" is a damning testimony about the vulnerability of the "independent organisations". Whenever the checks and balances go against the powers-that-be, charges of "conspiracy" or "anti-democracy" emerge.

To have independent organisations that are free of political influences is a technical and political issue. It's technical because the organisations' structures cannot be too related to who holds the most parliamentary power.

It's political because going after elected representatives always subjects the act to an attack on politicians. This is why, on checks and balances, we need to work it out from scratch. And the first thing we should do - changing the mindset - is the most difficult.

Source: http://www.nationmultimedia.com/opinion/Where-will-reform-place-the-judiciary-30237379.html

-- The Nation 2014-06-30

[noitom]

Thais can't figure out how to set up some form of government with legitimate checks and balances and accountability. They are baffled. It's a foreign concept. Everything Thais had so far was a charade and a shilled deck. Now they are stumbled and bumbled and will end up in the same endless cycle of corruption and failing.

[siampolee]

A long look around the judicial systems of the world and cherry pick the best of each system and implement those choices.

Ooop's forgot that the Thai way has its own unique ways often to the detriment of the Thai people.

[ramrod711]

Democracy, Thais must learn, is not just about going to vote. What happens after an election is decided and a government formed is equally essential.

Thais aren't the only ones that need to learn this, some of the posters on TV during the PDRC protests could stand to learn it as well.

[lovetotravel]

Thais can't figure out how to set up some form of government with legitimate checks and balances and accountability. They are baffled. It's a foreign concept. Everything Thais had so far was a charade and a shilled deck. Now they are stumbled and bumbled and will end up in the same endless cycle of corruption and failing.

I'm not sure about that. I think they know exactly what they are doing. Stacking the deck in their favor is what they have done. Checks and balances don't help increase their bank accounts.

[djjamie]

Judges are subordinate to a constitution and that emphasizes democratic values. The judges simply ensure that the government continues to color inside the constitutional lines. Unfortunately the PTP have the constitutional drawing skills of a blind 2 year old finger painter and draw outside the lines more than inside. So when the PTP suggest they don't want them to get involved in politics what they are really saying is they do not want to be held accountable. Who will judge the politicians if the judiciary cannot? Themselves? It worked really swell for them when they investigated the rice scheme and they predictably found no irregularities.

This statement by the PTP tells me one thing. They have not learnt from the past which is why 3 of their parties have gone down in constitutional flames. They don't learn. Even now they are decimated and on their knees they still spew the same narrative.

Criminals shun away from courts to escape from justice. Law abiding citizens seek courts out for justice.

A litmus test of the contempt and criminality in the mindset of some is demonstrated when certain groups do not agree that justice has been served. They stand in front of the courts or NACC and throw sh*t, burn effigies and coffins and threaten to kidnap the judges. All criminal acts in themselves that would result in a guilty verdict as well. The irony. The contempt. They're criminals so what does one expect.

[smedly]

Step

1. The rules laws and procedures must be very clearly defined for a government to follow

2. There must be fully independent agencies in place to Enforce the Rules Laws and procedures

3. The process for Making changes to the agencies - Rules Laws and Procedures must be strengthened

4. No more immunity

5. Stiff penalties for those trying to or breaking the above supported with a fast track prosecution/investigative process

6. Lies - deception - dishonesty must also be punished for all those in public office and come under the above

7. The Attorney General and such like must be independent of government control

Edited June 30, 2014 by smedly

[cacruden]

Until the constitution is not conveniently ripped up every time there is a change of government -- you are not going to have the rule of law. It is fairly obvious that at the very top of the court system they are warping the law to fit the situation which results in people feeling that the system is rigged. If you have money - you pretty well can get away with murder if you have not annoyed other's of that class. Then you have governments being elected and choose to serve only those that elected them and not the entire country. You have groups of people that don't believe that democracy is valid if the wrong people get elected. You have Prime Ministers removed for cooking shows. You have an election commission that actively tries to sabotage holding of elections. You have a civil service that regularly takes sides instead of working to serve the people irregardless of who was elected. Then you have an appointed government that thinks everyone should think the same and anything else is somehow evil, instead of understanding that people are not the same but they have to respect each other's opinions. Until people see action against higher ups of all political stripes, reform of the justice system will be met with suspicion of things going on as they always have.... uneven application of the law.

[clockman]

T.I.T Nothing changes!

[tim armstrong]

Underlying all of the above is the legal principle that Thailand and several other Asian countries observe, and that is - compromise, rather than win /lose, which many western democracies follow. So, if you compromise, in western eyes it looks like corruption. To me plea bargaining looks like corruption, because the law is 'the law' so to speak.

Compromise is another example of 'Thainess' which is really just having different values. Many Thais do not think in the same ways as westerners, and we tend to make comments about their legal process from our quite different perspective.

[chainarong]

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Thais can't figure out how to set up some form of government with legitimate checks and balances and accountability. They are baffled. It's a foreign concept. Everything Thais had so far was a charade and a shilled deck. Now they are stumbled and bumbled and will end up in the same endless cycle of corruption and failing.

I am afraid you could be right , the law is a law above the government, it is there to ensure that the law of the country is abided by , you can't just sit the judiciary where ever you like , the law should not be used to interpret the constitution every second day, the constitution should be drawn up where there is no room for miss-interpretation.

[Eric Loh]

Thailand is a case of too many courts spoil the broth. Even the independent agency like the NACC which was pointed out by Khun Kanit as taking the work out of the OAG. The constitutional court is also duplicating work of the supreme court and have shown to be sucked in by political expendiency to solve political impasse. Even our peers like Malaysia and Singapore don't have CC and their supreme and high courts deal with constitutionality cases. Have to say in the same breathe that the constitutions of these 2 countries have been a bedrock of stability and have not change much. At same time, we have a unusual parlimentary system of upper house which have power similar to a presidential system. If we stick to a parlimentary system, the senates have very limited legislative matters and can't vote on 'no confidence'. Here our senate is like a wrecking ball and have too much power.

[Krataiboy]

Who needs courts when you can have military tribunals?

[Thai at Heart]

Thais can't figure out how to set up some form of government with legitimate checks and balances and accountability. They are baffled. It's a foreign concept. Everything Thais had so far was a charade and a shilled deck. Now they are stumbled and bumbled and will end up in the same endless cycle of corruption and failing.

They are baffled because an omnipotent pooyai doesn't understand he must play by the rules. It really is a case of karmic power allowing them to break the rules as they see fit.

[spidermike007]

This would be a dream come true. Thai society would be a very, very different thing, if people were punished for their crimes. With one of the weakest, easiest to purchase, super corrupt and very cowardly judiciaries anywhere in the world, it is hard to put people away, who truly deserve it, here in the LOS. Even on the odd chance the police do their work properly, when the case gets to court, if the prosecutor has not been bought off, the judges can be. But, if the military leaders are serious about cleaning up this den of thieves called the judiciary, now would be the time to start. Seeing the top punks in a jail like this one would be delightful. And seeing the worst offending judges and prosecutors in a superman prison would be a wet dream for many. These guys deserve it. They have devoted their entire careers earning a sentence in a supermax. So, give it to them please. The sooner you get these mafia dons, disguised as judges and prosecutors off the streets, the sooner this country can return to a healthy, functional society. The vermin have to be extracted. Good in Prayuth and his council, if they get this done. Thailand will benefit for decades to come.

[smedly]

Yes the constitution is relaunched all too often, it's this never ending cycle that that has prevented Thailand progressing as it should

My perspective on this is very clear, there is a good camp and a rotten one (I use term good meaning they are much better than the other group but still not perfect)

The good camp try and fail to operate because they work closer to what is right as opposed to wrong in principle - they tend to stick to the rules and generally fight clean which has them beaten every time

The bad camp has become extremely bad since the Thaksin era - lying cheating confusing tactics both in elections and when in government, primary aim to get elected by any means and rape the country - the constitution is not strong enough to stop it and even after many rewrites and coups still fails to do so - even were the constitution is doing it's job it is either ignored - miss- interpreted or attempts are made to change it

Thaksin has created a mafia like organisation bought and paid for with his stolen billions - the leaders reap the benefits and some of the less aware are fooled into thinking it's all good duped by schemes designed to rope them in for support and at the same time they don't realise they are being robbed blind

It all needs to stop, the cycle must be broken

Will Prayuth succeed ? I don't know but I also don't see anyone else that could possibly do better

I've said it many times here and I will repeat it again - a huge step in the right direction would be banning for life instead of just 5 years and scrapping the immunity clause for MP's in active office

[lostsoul49]

Democracy, Thais must learn, is not just about going to vote. What happens after an election is decided and a government formed is equally essential.

Thais aren't the only ones that need to learn this, some of the posters on TV during the PDRC protests could stand to learn it as well.

That was not about lack of knowledge,that was purely based on typical red ignorance and bias. They had very little defence on any thread during that period, so the only way they could press their point home, was by ignoring the real facts and clinging to a single principle of democracy, which we all know...without all the other principles, that principle of election is not valid.

Also, that 'so called' principle of election was about as corrupted as you can get it... so even by itself it was invalid.

[AleG]

The most urgent reform needed for the judiciary is its lack of urgency, cases drag for years and years. Good for crooks with money to stay out of the clink appealing over and over again, bad for the hoi polloi that rots away waiting for a sentence.

[chotthee]

Thais can't figure out how to set up some form of government with legitimate checks and balances and accountability. They are baffled. It's a foreign concept. Everything Thais had so far was a charade and a shilled deck. Now they are stumbled and bumbled and will end up in the same endless cycle of corruption and failing.

I'm not sure about that. I think they know exactly what they are doing. Stacking the deck in their favor is what they have done. Checks and balances don't help increase their bank accounts.

Since Army never cheat. No need check and balance to say tax payer money.