Thai politics: Court verdicts put a high price on political protests

[webfact]

BURNING ISSUE
Court verdicts put a high price on political protests
JINTANA PANYAARVUDH

BANGKOK: -- THE LATEST verdict in a high-profile political rally case has some significance for Thai politics. It could set a precedent as well as create huge money troubles for those involved in protest cases.

The case concerns the yellow shirts, or the People's Alliance for Democracy (PAD) protesters, who occupied Don Mueang and Suvarnabhumi airports in late 2008 to oust the Thaksin camp from government.

Airports of Thailand took the group to court and the lower and Appeals courts ruled that the 13 accused should pay up to Bt600 million in compensation.

The accused were former yellow-shirt key leaders, including Maj-General Chamlong Srimuang, Sondhi Limthongkul, Pibhop Thongchai, Suriyasai Katasila, Somsak Kosaisuk, Chaiwat Sinsuwong, Somkiat Pongpaibul, Naranyu (Saranyu) Wongkrajang and Sirichai Mai-ngam.

The PAD last week took only four days to raise Bt7 million in funds to cover court fees, aiming to use it for an appeal to the Supreme Court. But it turned out that it was too late.

They discovered the final verdict had already been handed down by the Court of Appeals and therefore the group could not appeal to the Supreme Court as planned.

Some of its leaders wondered why the 13 accused had not been told about the matter. Instead, a court document, stating the case had already reached its final stage, had been circulated in the social media.

Former PAD spokesperson and one of the accused, Suriyasai, confirmed on his Facebook that the document was real.

Since the case had reached final judgement, the 13 former PAD leaders will have to pay the compensation. If they are unable to, their assets will be seized. And if even that does not cover the penalty, the defendant yellow-shirt leaders will have to be face bankruptcy proceedings.

The compensation demanded is a huge amount of money - and it does not include a criminal penalty on which the court has yet to rule.

Bankruptcy is a complex and long process but once completed, their lives will definitely change.

For example, they will be banned from making financial transactions on their own. They will need to seek permission to go abroad, they will be banned from politics, and they cannot enter the monkhood.

The PAD leaders will hold a press conference in a few days on how they plan to battle in the case.

The verdict could also set a precedent in Thai politics, as there are other cases awaiting verdicts related to political rallies.

Other high-profile cases involve red-shirt protesters who staged rallies against the Abhisit government during 2010.

These were four cases similar to the PAD's. The red-shirts are fighting court cases resulting from the burning of city halls in four Northeast provinces, causing several hundred million baht in damages.

Most cases have already been ruled on by the Court of First Instance and some are before the Court of Appeals. Some defendants are facing jail terms, some have been ordered to pay compensation, and some have been acquitted.

Another political rally group, the People's Democratic Reform Committee (PDRC), could face similar verdicts.

Formed after the Yingluck government and Pheu Thai had passed the controversial amnesty bill in October 2013, the PDRC campaigned to annul the bill and oust her government.

Led by former Democrat MP Suthep Thaugsuban, now a monk, almost all government office buildings were occupied by the protesters during their rallies from October 2013 until the May 22 coup last year.

Their cases are yet to be heard by the court.

The recent verdict could also lead to the re-emergence of an amnesty proposal.

Although the word "amnesty" is taboo in the current political atmosphere, many political observers, academics, politicians, and even drafters of the new charter are in favour of an amnesty, but just for ordinary protesters, not for key leaders or for those who cost innocent people their lives.

Judging from all the cases and the money problems after the court verdict, these are lessons for anyone who wants to stage a political protest in the future.

They may have to think twice.

Source: http://www.nationmultimedia.com/politics/Court-verdicts-put-a-high-price-on-political-prote-30263392.html


-- The Nation 2015-06-30

[englishoak]

Now theres a turn up for the books.

Still dont believe they end up paying one bht in the end.

[Tatsujin]

And the new precedent is set ... watch out Thaksin & Co., you got some BIG BIG bills coming your way very soon.

[Bluespunk]

"The case concerns the yellow shirts, or the People's Alliance for Democracy (PAD) protesters, who occupied Don Mueang and Suvarnabhumi airports in late 2008 to oust the Thaksin camp from government."

Occupying an airport or the centre of Bangkok is not political protest, rather it is stupidity of the highest order and criminally reckless.

[Bannum opinions]

Results of the above noted judicial stuff, will add to their "body of work" and will thereby affirm and solidify perceptions.

The anti-democrats characterize these courts as being professional and equal to any other national judiciary. Thereby fervently seeking to legitimize their politically related outcomes.

The anti-democrat side see this entirely different. They speak loud and long about 'double standards", and when asked, have a litany of decisions supporting that point-of-view.

This article spends a lot of discussion on Financial penalties....I will be more interested in observing who is jailed, and more importantly, who is not....That is a true measure of where these courts are situated on the Political spectrum.

As an aside, what is this differentiation between the PAD and PDRC?......I just see it as "different organizations - same faces, same motives"

These people had an all-encompassing passion, and that was to oust elected Govts., when they were extremely "electorally challenged" themselves....To characterize this as instigated by one issue or another - ie. ousting Thaksin or the amnesty Bill, was just cover for their overarching anti-Democracy/electoral motives...If it hadn't been one issue, they would have magnified another to advance that motive....In other words, their protests weren't issue-driven, as much as they tried to characterize them as such.

Edited June 30, 2015 by Bannum opinions

[smutcakes]

The whole system stinks when even the journalist seems a little bit shocked that their are actual repercussions for instigating the shut down of an international airport.

Not just PAD, but the instigators of all the recent protests should be locked up for 10 years, and actually made to pay huge fines. Then perhaps in the future people will think twice about doing it.

Having said that, i expect these fines etc will just be dragged through the courts for the next 10 years until its all forgotten. Are there any criminal charges hanging around? I would also say that if they did have to pay it, they would be able to get the money fairly comfortably. I doubt Sondhi is down to his last baht, and thats without mentioning the backers and financiers of it.

[bamnutsak]

For the PAD/PDRC, they will have shuffled all their assets to others, then declare bankruptcy. And still no criminal "verdict"; would expect that a few years after all the accused have passed away, along with the obligatory pardon from on high.

Any Red defendants will be endlessly hounded, jailed, all assets confiscated.

Thailand is a rule-by-law country. Sakdina and the Law of the Three Seals are the foundation of the "legal" (not justice) system here.

There is no need for amnesty, other than that which the Military Junta granted themselves, as the powers that be hardly ever face "justice".

[robblok]

And the new precedent is set ... watch out Thaksin & Co., you got some BIG BIG bills coming your way very soon.

Can't say I mind this one bit as long as they do it equally among both sides. Protests are a good thing but should not completely disrupt a country and inconvenience many people.

As long as they go after the leaders and not the ordinary person on the street I am ok with it. I do hope they go after the reds for the torching of BKK and after that they can go after the anti government protesters that damaged stuff.

Protest are ok but some respect for other peoples property would be a good thing.

[h90]

And the new precedent is set ... watch out Thaksin & Co., you got some BIG BIG bills coming your way very soon.

Can't say I mind this one bit as long as they do it equally among both sides. Protests are a good thing but should not completely disrupt a country and inconvenience many people.

As long as they go after the leaders and not the ordinary person on the street I am ok with it. I do hope they go after the reds for the torching of BKK and after that they can go after the anti government protesters that damaged stuff.

Protest are ok but some respect for other peoples property would be a good thing.

That is double edged....if there can be only peaceful demonstrations we would still have Thaksin + maybe some thousands shot dead on the street by the police.

Or France would be still an absolute monarchy and USA under the rule of the British monarchy.

If things get too bad, it justifies just about anything surely disruption of the country and inconvenience.

Currently I read a book about the last days of the second worldwar and how most people, and all the top army in Germany know that everything failed and more people die just because of the Fuehrer. But everyone acted according to the law and did only things allowed instead of just put a bullet between his eyes and save x00.000 people.

At some point it is more important to do what is right than following the laws.

[halloween]

The whole system stinks when even the journalist seems a little bit shocked that their are actual repercussions for instigating the shut down of an international airport.

Not just PAD, but the instigators of all the recent protests should be locked up for 10 years, and actually made to pay huge fines. Then perhaps in the future people will think twice about doing it.

Having said that, i expect these fines etc will just be dragged through the courts for the next 10 years until its all forgotten. Are there any criminal charges hanging around? I would also say that if they did have to pay it, they would be able to get the money fairly comfortably. I doubt Sondhi is down to his last baht, and thats without mentioning the backers and financiers of it.

"all the recent protests" - would that include 2010? Or should we just skip over that incident?

[Eric Loh]

Straight out of the playbook of the Singapore government to get the courts hit the pockets of the protagonists hard to curtail their activities. This court fines and new laws for protests will hopefully avoid the type of violent protests, occupation of public and vital installations and not allowed protests to be hijacked by 3rd party for their own agenda. Protest should be allowed as enshrined in the constitution but should not be prolonged and unlawful acts should not encroached on public rights. If this is what Prayuth is trying to achieve, I will applaud him. If he denounce further coups, I will bow to him.

[smutcakes]

The whole system stinks when even the journalist seems a little bit shocked that their are actual repercussions for instigating the shut down of an international airport.

Not just PAD, but the instigators of all the recent protests should be locked up for 10 years, and actually made to pay huge fines. Then perhaps in the future people will think twice about doing it.

Having said that, i expect these fines etc will just be dragged through the courts for the next 10 years until its all forgotten. Are there any criminal charges hanging around? I would also say that if they did have to pay it, they would be able to get the money fairly comfortably. I doubt Sondhi is down to his last baht, and thats without mentioning the backers and financiers of it.

"all the recent protests" - would that include 2010? Or should we just skip over that incident?

Yes of course it does.

Stop being so cantankerous. Get out and relax, have a beer, you don't need to try and find hidden things in every post.

[Srikcir]

The airports are government agencies.

Will these verdicts mean then that the RTP and the military can sue protesters for their cost to suppress freedom of speech?

These court verdicts are as dangerous to democracy as is the Junta.

[arrowsdawdle]

Now theres a turn up for the books.

Still dont believe they end up paying one bht in the end.

Oh they'll pay it "officially" as justification to tighten screws on PT, but the funds (if anything really changes hands) will come from you know who.

[FangFerang]

I really don't see the two sides being fairly prosecuted. Recent history suggests that there will be enforcement in the Red camp, and convictions without penalties in the Yellow camp. I do not ever expect to see any leader of the PDRC paying a fine or serving a sentence.

If the next few years shows me to be wrong, I will be really happy about it.

But I doubt that pigs will fly anytime soon, either.

[Bannum opinions]

Results of the above noted judicial stuff, will add to their "body of work" and will thereby affirm and solidify perceptions.

The anti-democrats characterize these courts as being professional and equal to any other national judiciary. Thereby fervently seeking to legitimize their politically related outcomes.

The anti-democrat side see this entirely different. They speak loud and long about 'double standards", and when asked, have a litany of decisions supporting that point-of-view.

This article spends a lot of discussion on Financial penalties....I will be more interested in observing who is jailed, and more importantly, who is not....That is a true measure of where these courts are situated on the Political spectrum.

As an aside, what is this differentiation between the PAD and PDRC?......I just see it as "different organizations - same faces, same motives"

These people had an all-encompassing passion, and that was to oust elected Govts., when they were extremely "electorally challenged" themselves....To characterize this as instigated by one issue or another - ie. ousting Thaksin or the amnesty Bill, was just cover for their overarching anti-Democracy/electoral motives...If it hadn't been one issue, they would have magnified another to advance that motive....In other words, their protests weren't issue-driven, as much as they tried to characterize them as such.

"The anti-democrat side see this entirely different. They speak loud and long about 'double standards", and when asked, have a litany of decisions supporting that point-of-view."

Correction....Obviously it is the pro-democracy side who speak of double standards all the time, and have a long list of supporting data.

[candide]

Job for the future assembly or committee in charge of granting perdon in the next charter!

[halloween]

"The anti-democrat side see this entirely different. They speak loud and long about 'double standards", and when asked, have a litany of decisions supporting that point-of-view."

Correction....Obviously it is the pro-democracy side who speak of double standards all the time, and have a long list of supporting data.

Obviously, if you can't keep track of whom you are raving about, how are we supposed to?

Correction....Obviously it is the "pro-democracy" (Thaksinist) side who speak of double standards all the time, and have a long list of "supporting" false opinions coupled with an extensive history of practising double standards themselves.

[h90]

Straight out of the playbook of the Singapore government to get the courts hit the pockets of the protagonists hard to curtail their activities. This court fines and new laws for protests will hopefully avoid the type of violent protests, occupation of public and vital installations and not allowed protests to be hijacked by 3rd party for their own agenda. Protest should be allowed as enshrined in the constitution but should not be prolonged and unlawful acts should not encroached on public rights. If this is what Prayuth is trying to achieve, I will applaud him. If he denounce further coups, I will bow to him.

you mean protests should be allowed as long as we can ensure that they don't change anything. The dream of every dictator....

[Bannum opinions]

"The anti-democrat side see this entirely different. They speak loud and long about 'double standards", and when asked, have a litany of decisions supporting that point-of-view."

Correction....Obviously it is the pro-democracy side who speak of double standards all the time, and have a long list of supporting data.

Obviously, if you can't keep track of whom you are raving about, how are we supposed to?

Correction....Obviously it is the "pro-democracy" (Thaksinist) side who speak of double standards all the time, and have a long list of "supporting" false opinions coupled with an extensive history of practising double standards themselves.

"Obviously, if you can't keep track of whom you are raving about, how are we supposed to?"

But thank you for trying Halloween

[Thai at Heart]

Well, if u cause financial damage to an organisation, damages occur. I nearly missed my mother's funeral because of this crazy protest so, and spent out of my own pocket plenty waiting around in Bangkok. As yet uncompensated. So, pay up you idiots. Its the rule of consequence.

[Emster23]

I wonder what fine should be for preventing candidates from registering and preventing election from taking place? Could make argument they have no value as military always willing to step in and negate results anyway......

[Eric Loh]

Straight out of the playbook of the Singapore government to get the courts hit the pockets of the protagonists hard to curtail their activities. This court fines and new laws for protests will hopefully avoid the type of violent protests, occupation of public and vital installations and not allowed protests to be hijacked by 3rd party for their own agenda. Protest should be allowed as enshrined in the constitution but should not be prolonged and unlawful acts should not encroached on public rights. If this is what Prayuth is trying to achieve, I will applaud him. If he denounce further coups, I will bow to him.

you mean protests should be allowed as long as we can ensure that they don't change anything. The dream of every dictator....

You mean the current Adminstration, answer positively yes. Careful with the D word here. However in the free world, protests are aimed to press for new election. Here in coup land, protests are front for the establishment to re-establish that they remain relevant and dominant. Well except for the 2010 protest, it did not result in a coup as the incumbent is the establishment.

[ryguy]

There's no legitimacy left for a regime that bullies and arrests peaceful students for doing nothing more than standing up for their rights

[manarak]

If only the same principle was applied in France and Germany !

I say people have the right to protest and to go on strike, but blockading other people's businesses or jobs causes damage.

Edited June 30, 2015 by manarak

[h90]

Straight out of the playbook of the Singapore government to get the courts hit the pockets of the protagonists hard to curtail their activities. This court fines and new laws for protests will hopefully avoid the type of violent protests, occupation of public and vital installations and not allowed protests to be hijacked by 3rd party for their own agenda. Protest should be allowed as enshrined in the constitution but should not be prolonged and unlawful acts should not encroached on public rights. If this is what Prayuth is trying to achieve, I will applaud him. If he denounce further coups, I will bow to him.

you mean protests should be allowed as long as we can ensure that they don't change anything. The dream of every dictator....

You mean the current Adminstration, answer positively yes. Careful with the D word here. However in the free world, protests are aimed to press for new election. Here in coup land, protests are front for the establishment to re-establish that they remain relevant and dominant. Well except for the 2010 protest, it did not result in a coup as the incumbent is the establishment.

Well the yellow (if it was PAD or PDRC) were Demonstrations for Democracy and FREE and FAIR elections. Just who is interested in it. Thaksin said himself that democracy is not his goal. Banharn? The Democrats are also on lukewarm on it. It is nice when it goes against Thaksin, but they are well aware that the next time it could be against them, so better not too much democracy.

And the dear general...he has good intentions but what to do with this mess, there is no good solution and honestly he isn't the brightest. So he does what is best, stay a while in power, let the others cool down and cut them from the money and put a lot of checks and balances into the new constitution. It won't be the ultimate super solution, but it is the best that can be done at the moment.

[Lorn]

Straight out of the playbook of the Singapore government to get the courts hit the pockets of the protagonists hard to curtail their activities. This court fines and new laws for protests will hopefully avoid the type of violent protests, occupation of public and vital installations and not allowed protests to be hijacked by 3rd party for their own agenda. Protest should be allowed as enshrined in the constitution but should not be prolonged and unlawful acts should not encroached on public rights. If this is what Prayuth is trying to achieve, I will applaud him. If he denounce further coups, I will bow to him.

you mean protests should be allowed as long as we can ensure that they don't change anything. The dream of every dictator....

You mean the current Adminstration, answer positively yes. Careful with the D word here. However in the free world, protests are aimed to press for new election. Here in coup land, protests are front for the establishment to re-establish that they remain relevant and dominant. Well except for the 2010 protest, it did not result in a coup as the incumbent is the establishment.

Well the yellow (if it was PAD or PDRC) were Demonstrations for Democracy and FREE and FAIR elections. Just who is interested in it. Thaksin said himself that democracy is not his goal. Banharn? The Democrats are also on lukewarm on it. It is nice when it goes against Thaksin, but they are well aware that the next time it could be against them, so better not too much democracy.

And the dear general...he has good intentions but what to do with this mess, there is no good solution and honestly he isn't the brightest. So he does what is best, stay a while in power, let the others cool down and cut them from the money and put a lot of checks and balances into the new constitution. It won't be the ultimate super solution, but it is the best that can be done at the moment.

Yeah for free and fair elections but only after a wholly unelected senate is given much greater power along with numerous other bodies appointed by all their buddies. If that's democracy then I'd hate to see what dictatorship looks like. Erm never mind...

[cocopops]

Less than $20 million USD? Why are we all pretending this is a significant amount of money?