'Impeachment good for reconciliation'

[webfact]

IMPEACHMENT
'Impeachment good for reconciliation'
NITIPOL KIRAVANICH
THE NATION



As Somsak and Nikhom reject accusations, anti-graft body vows to do all it can to hold them accountable for violating 2007 Constitution

BANGKOK: -- THE ANTI-GRAFT agency yesterday insisted that impeachment of politicians perceived as "enemies of the country" would promote, rather than undermine, national reconciliation.

"Impeachment of wrongdoers who are the enemies of the country will promote reconciliation eventually. It's better than dropping the case or doing nothing," said Wicha Mahakhun, member of the National Anti-Corruption Commission who represented the NACC at the inquiry session of the National Legislative Assembly (NLA).

The NACC realises the importance of reconciliation, but believes it should abide by the moral code and the rule of law, he said, adding it would pursue the impeachment cases as far as possible so that the cause of justice is served, he said.

He was reacting to questions from NLA members on whether pursuing the cases would affect national reconciliation or reforms.

The assembly posed queries to the NACC, the accuser, and former Parliament president Somsak Kiatsuranon and his former deputy Nikom Wairatpanij, who have been accused of violating the 2007 Constitution by trying to push through an amendment to change the Senate's make-up.

Somsak, who failed to show up for his opening statement last week, attended the meeting yesterday and told the NLA that the Constitutional Court's ruling that he had violated the charter by trying to amend the composition of the Senate was wrong.

"I did nothing wrong. My actions do not warrant impeachment, which needs an act of intentional wrongdoing [to be punished]," he insisted before the NLA members.

"I come here today to seek justice. If you [the NLA] cannot give me [justice], I don't know where to find it," he said.

Nikom said during questioning that the constitutional amendment bill was aimed at "giving democratic power back to the people" and that he had done nothing in violation of the charter.

"The amendment that required all senators to be elected would have benefited the people directly. I don't personally benefit from it. This could be considered as giving democratic power back to the people, for them to elect all of their senators," he said.

He also disputed the accusation that as an incumbent senator, he would benefit from a clause in the amendment bill that would allow elected senators to seek re-election. The former Senate speaker said there was no certainty that he would have contested the next Senate election and even if he had run, there was guarantee that he would have got elected.

Nikom also argued that the 2007 Constitution, which was abolished after the coup in May last year, no longer existed. He asked how the NACC could bring a case against him based on a law that did not exist.

The NACC representative argued that though the 2007 charter was defunct there were still laws in the NACC act and the Constitution's corruption bill that could be used against Somsak and Nikom.

"Other independent organisations' laws are still active, which means the NACC bill 1999 and 2009 can be used against the accused politicians," Wicha insisted.

He also said Somsak and Nikom's actions fit the law as they had intended to violate the highest national law, and had also violated the integrity of their parliamentary positions.

The NACC added that Somsak had forged the draft of then MP Udomdej Rattanasatien on the senator issue, and brought the new draft to a Parliament meeting for scrutiny, which was unlawful.

Somsak rejected the accusation and said, "There was only one draft from Udomdej. If I had forged the documents then why didn't any MP realise or oppose the draft proposals? There was only one draft," Somsak said.

Wicha said Somsak's action could also be tried under criminal law, and the NACC would proceed with pursuing a case against him in criminal and other courts.

The closing statements in the two cases are scheduled for January 21 and the impeachment vote is set for January 23.

Today, the NLA panel will question the NACC and former premier Yingluck Shinawatra, who will be present, on the impeachment case related to her alleged dereliction of duty in supervising the rice-pledging scheme.

The vote for her case is set for the same day as Somsak and Nikom's cases.

Source: http://www.nationmultimedia.com/politics/Impeachment-good-for-reconciliation-30252002.html


-- The Nation 2015-01-16

[jaidam]

Somsak and the rest of the PTP were vile beasts, corrupt to the hilt, acting only in their own selfish interests and those of their cowardly criminal boss on the run. Disgraceful. And yet, here we have a government headed by an unelected and unusually rich general, with his police force headed up by an extremely unusually rich bully. Even Stevie Wonder can see the problem here is that if the current govt refuse to be transparent, clean and accountable, how in the heck will it help reconciliation for the current corrupt to hound the previously corrupt??

Sad to say Prayuth spectacularly blew his chance to make the coup worthwhile after he was found wanting on the transparency front, and after he refused to bin Somyot when it was obvious he had been a very naughty boy.

[chooka]

Yes it will definately unite the reds and bring happiness to them.

[seajae]

its way past time the hi-so's were held accountable for the crap they cause, having connections, the right family name and money should not make them untouchable. The only way to give people back some form of conciliation is to lay the guilt where it belongs and find these people guilty as they think they cant be touched, Maybe if they start holding them accountable we might see some of the graft/corruption so endemic in Thailand start to drop off, as long as these big names are let off this will continue. Time to start putting the countries laws into action and using them to their full capacity.

[IAMHERE]

I'm missing something here.

They are rewriting the 2007 Constitution because ...?

Yet they want to use that same flawed (why else rewrite it) constitution in order to 'reconcile' with their enemies.

Logic would say that the 2007 Constitution shouldn't be used if it is so flawed that it is to be rewritten.

Edited January 16, 2015 by IAMHERE

[Rimmer]

An off topic post has been removed

[pookiki]

When the Constitutional Court ruled that the amendment was unconstitutional (that's another story) and procedurally flawed, that would have been the end of the story in every other democracy of which I'm aware. There is no underlying logic to these proceeding whatsoever.

[Baerboxer]

When the Constitutional Court ruled that the amendment was unconstitutional (that's another story) and procedurally flawed, that would have been the end of the story in every other democracy of which I'm aware. There is no underlying logic to these proceeding whatsoever.

Research the actions of the two gentlemen whilst in office. You will see they ignored the rules and allowed or did things which are illegal. Why they chose to do this when they could have pushed everything through legitimately is not known. Possibly arrogance, careless or simply inefficient. However, they knowingly lied and broke the rules which, in their positions, no other democracy that I'm aware of, would tolerate.

[pookiki]

When the Constitutional Court ruled that the amendment was unconstitutional (that's another story) and procedurally flawed, that would have been the end of the story in every other democracy of which I'm aware. There is no underlying logic to these proceeding whatsoever.

Research the actions of the two gentlemen whilst in office. You will see they ignored the rules and allowed or did things which are illegal. Why they chose to do this when they could have pushed everything through legitimately is not known. Possibly arrogance, careless or simply inefficient. However, they knowingly lied and broke the rules which, in their positions, no other democracy that I'm aware of, would tolerate.

What are the specific charges? Isn't it related to the amendment? When it was declared unconstitutional, it would render all other issues moot in most other logic bound democracies. Even if it didn't, the most severe punishment that would be levied is censure. Since the Constitution they tried to amend has been unilaterally suspended. Hand-picked NLA members are cherry-picking laws which they 'assume' should apply. Impeachment implies being tried by your peers. An unelected NLA can hardly be judged as a peer group or unbiased. Most other democracies of which I'm aware operate on the rule of law. No matter how you roll the dice, the current scenario is lacking any rule of law foundation. To pretend that the current proceedings are nothing more than a kangaroo court ignores reality.

[angmo]

Wonder what they are going to do to the guys who threw out the entire constitution?

[wabothai]

Thailand's biggest problem is its mortal cancer caused by massive corruption. So, ladies and gentlemen, how does reconciliation fit in here? It is a bandage on a stinking wound.

[Reigntax]

Thailand will never reconcile, nor will it ever be considered a democracy where people's rights are respected.

Too much history of The HiSo's having power and they will never let that change. They are lacking intelligence, lacking any respect for their own people and live in this little third world dream where talk is cheap and action non existent.

Most people accept corruption as long as they receive some benefit and those who talk about corruption are the most corrupt.

The legal system is flawed and purposely so because those in power can use the influence of those they appointed to escape any punishment.

Thailand is a country of pretenders, hypocrites, intellectually deficient upper ruling classes who use the countries resources to keep the majority poor, which in turn keeps them rich.

They are not fighting over whats right or wrong, they don't care. They want control and use any means possible to bring down anyone opposing their power, control and ultimately illegally obtained wealth.

In 50 years it will still be the same, the joke of the Asian region. The country that had more opportunity than any other but failed due to greed and ignorance.

Edited January 16, 2015 by Reigntax

[Thai at Heart]

I love this situation.

Prosecuting someone for offering to legally change a constitution through legal means which was ripped up by the barrel of a gun anyway.

Only in Thailand.

[h90]

I'm missing something here.

They are rewriting the 2007 Constitution because ...?

Yet they want to use that same flawed (why else rewrite it) constitution in order to 'reconcile' with their enemies.

Logic would say that the 2007 Constitution shouldn't be used if it is so flawed that it is to be rewritten.

Logic would say: Take a constitution (or several) that works well in an other country and adjust it for the needs in Thailand.

We can discuss if better the Swiss way or better the USA constitution but no point of make a new one.

[Reigntax]

I'm missing something here.

They are rewriting the 2007 Constitution because ...?

Yet they want to use that same flawed (why else rewrite it) constitution in order to 'reconcile' with their enemies.

Logic would say that the 2007 Constitution shouldn't be used if it is so flawed that it is to be rewritten.

Logic would say: Take a constitution (or several) that works well in an other country and adjust it for the needs in Thailand.

We can discuss if better the Swiss way or better the USA constitution but no point of make a new one.

The problem is that not many Constitutions have clauses allowing for non democratic overthrowing of an elected government by the military who believe they are a law unto themselves.

[Reigntax]

" impeachment is good for reconciliation " if you believe that then suicide must be considered good for the unemployment rate