Controversial decisions by key Thai govt agencies

[webfact]

Controversial decisions by key govt agencies
NITIPOL KIRAVANICH
THE NATION

BANGKOK: -- The purpose of the independent organisations under the constitution was to prevent abuse of power by politicians, political parties or agencies. They were meant to be independent of political influence, but in the past, they were seen as being political tools to support or persecute some politicians rather than scrutinise them under the justice system. Here are some examples of their controversial resolutions or rulings that have been criticised for being politicised.

Constitution Court

- In 2001, Thaksin Shinawatra was found to have concealed his assets by the National Anti-Corruption Commission, but the court ruled that the PM had no intention of concealing his assets or had made an "honest mistake". The ruling raised more doubts in the minds of the public in the justice system.

- The court ruled to dissolve two Thaksin-affiliated parties - Thai Rak Thai and People's Power. In 2006, a public prosecution committee resolved to ask the court to consider dissolving the Thai Rak Thai, Democrat and three other small parties for allegedly violating the Constitution and Political Party Act. The court ruled to dissolve Thai Rak Thai while the Democrats survived.

- In 2008, the court dissolved the ruling People Power Party and two of its coalition partners for election fraud. The decision resulted in the government's leadership, including PM Somchai Wongsawat, stepping down.

- In 2008, PM Samak Sundaravej was dismissed and forced to step down as prime minister after the court ruled he had violated the Constitution by accepting payments to appear on a TV cooking show called "Chim Pai Bon Pai" while in office.

- In May, the court removed caretaker PM Yingluck Shinawatra for abuse of power in transferring Thawil Pliensri from the post of secretary-general of the National Security Council to an advisory post in 2011.

Election Commission

- In 2006, EC chairman Wassana Permlarp and other EC members were found violating election laws by allowing failed candidates to re-contest by-elections in some constituencies on April 23, 2006, which could be seen as favouring the Thai Rak Thai Party of PM Thaksin.

Early this year, the EC's Somchai Srisuthiyakorn, who oversees elections, appeared to be reluctant to call an election after the Yingluck Shinawatra government dissolved the House. He seemed to support the "reform before election" campaign motto of the People's Democratic Reform Committee.

National Anti-Corruption Commission

- The NACC was criticised for rushing to conclude the case against former PM Yingluck for allegedly turning a blind eye to her corruption-ridden rice-pledging scheme while many graft cases remained involving other politicians remain unfinished.

Source: http://www.nationmultimedia.com/politics/Controversial-decisions-by-key-govt-agencies-30247381.html

-- The Nation 2014-11-10

[kurnell]

There's no such thing as an independent organization in Thailand. Everybody can be bought off. More pointless game playing.

[waza]

Transparency and accountability go out the window when the government watchdogs become the government's guard dogs.

Edited November 9, 2014 by waza

[thesetat2013]

Did it matter the court dissolved the TRT and PEOPLES POWER parties? NO! They just changed their name to the PTP.

Did the claim about Thak hiding his assets make a difference? NO! An honest mistake my arse. You don't forget about millions and he would have had accountants and lawyers ensuring accountability in his vested interests.

I can not fathom the quantity of rulings i have read about that made absolutely no change and no punishments where ever meeted out. Even when they took Thaks assets they ended up givin it back to him.

[Thai at Heart]

Controversial.....Bent?

[chainarong]

They can't be key Government agencies if they operate outside of transparency guidelines , this junta either should rip them into line or disband them, Government departments need to tighten their transparency rules and also local government needs to be brought under the same rules and guidelines. A review of all transparency guidelines, responsibilities charter, (so that departments know their scope of influence) of all Government agencies should be carried out.

[angsta]

No shame Pt 1,000,764,99.

[seajae]

maybe if they actually started to put these people in jail when they commit these "crimes" etc we would see the practice slow down but as long as these law makers etc are able to be "bought" off it will continue. They need laws that make these peoples accounts and finances open to the public to stop the transfer of money to do what the offenders want, its time that all thais were treated equally under the law so that even "rich/influential" people are locked up and lose their family fortunes made by underhanded dealings, Currently those caught using fraud and corruption to make them and their families rich suffer nothing, they keep all the illegal gains/money and are not locked up, this needs to change.

[maidee]

about a person who said he had 128 million baht

but only after gifting away 460 million to his parents & children

[bangrak]

I am just a Pharang, but I know that the Constitution Court, the ElectionCommitte and the National Anti Corruption Committe are NOT Government Agencies! What about the separation of powers? A Court, for instance, is part of the Judicial Power, by no means of the Executive Power, that being the Government!

That whether the columnist nor the editor of an important newspaper jump up when seeing such a title and give it the go, is, I'm afraid, an evident sign of the little Thai know, and probably how litthe they care, nor about their own institutions, not to speak about other topics like History, nor about the general principles of Democracy.

We should cry for you dear, true, Thai people...

P.S.: it seems this didn't catch, hurt..., the eye of the other members posting on this topic, oh my...

Edited November 10, 2014 by bangrak

[Emster23]

Careful Nation! Your reporting of facts may lead to charges of harming Thailand's image. That removal of PM for having cooking show tops my list of absurd

[rickirs]

They can't be key Government agencies if they operate outside of transparency guidelines , this junta either should rip them into line or disband them, Government departments need to tighten their transparency rules and also local government needs to be brought under the same rules and guidelines. A review of all transparency guidelines, responsibilities charter, (so that departments know their scope of influence) of all Government agencies should be carried out. width=32 alt=coffee1.gif>

Perhaps you missed it but the military coup abolished the 2007 Constitution which established the three branches of government and the Independent Organizations. And further under Articles 17 and 44 of the Interim Charter created by NCPO, NCPO holds absolute power over all governmental organizations that are allowed to continue to exist or subsequently created. In fact an active military flag officer now occupies the Office of the Ombudsman. Seems the Junta has done the job you wanted.

[rickirs]

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I am just a Pharang, but I know that the Constitution Court, the ElectionCommitte and the National Anti Corruption Committe are NOT Government Agencies! What about the separation of powers? A Court, for instance, is part of the Judicial Power, by no means of the Executive Power, that being the Government!

That whether the columnist nor the editor of an important newspaper jump up when seeing such a title and give it the go, is, I'm afraid, an evident sign of the little Thai know, and probably how litthe they care, nor about their own institutions, not to speak about other topics like History, nor about the general principles of Democracy.

We should cry for yo, u dear, true, Thai people...

P.S.: it seems this didn't catch, hurt..., the eye of the other members posting on this topic, oh my...

The Constitutional Court was not an Indepedent Organization under Chapter XI, Part 1 of the 2007 Constitution. It was part of the Judiciary system (one of the three branches of Government) under Chapter X, Part 2 of the 2007 Constitution. Although the Junta abolished the 2007 Constitution, it has allowed the whole judicial system to remain in place while wiping out the bicameral Parliamentary system. Of course under Articles 17 and 44 of the Interim Charter created by the NCPO, the NCPO holds absolute judicial power and can reverse or nullify any court ruling, and may require trial by a military court to completely bypass the civilian court system; there is no appeal to a military court decision.

So today the only real Independent Organization is the NCPO.