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Many judges opposed to changes to Judicial Commission


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Many judges opposed to changes to Judicial Commission
The Nation

BANGKOK: -- SENIOR judges will today submit a list of 2,079 judges to related agencies to oppose changes proposed by drafters of the new constitution, which they claim would allow interference in the justice system.

Senior Supreme Court judge Sriamporn Salikup said he and Supreme Court judge Somchart Thanyawinitkul would today submit the list of 2,079 - about half the total number of judges across the country - to the Office of the Court of Justice.

He said the office would be asked to send the list to related agencies in protest against a move by the Constitution Drafting Committee (CDC) to allow judges who receive disciplinary punishment by the Judicial Commission to appeal such decisions with the Administrative Court.

He said if this was the case, the new charter would destroy the structure of court authority and cause the justice system to fail.

"The Judicial Commission will not be able to effectively punish judges who commit disciplinary offences. The Administrative Court would have more power than the Judicial Commission, which is the highest personnel management agency of the courts of justice," he said.

He said the judges who are against the move consist of 209 Supreme Court judges, 512 judges from the Court of Appeals and 1,358 judges from the Lower Court.

Sri-amporn had earlier led 1,380 judges to protest against the move to allow more than one third of non-judges to become members of the Judicial Commission on the grounds of interference in the independence of the justice system.

The CDC had already scrapped the provision in question that Sri-amporn and other judges opposed.

Source: http://www.nationmultimedia.com/politics/Many-judges-opposed-to-changes-to-Judicial-Commiss-30264315.html

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-- The Nation 2015-07-13

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"The Judicial Commission will not be able to effectively punish judges who commit disciplinary offenses. The Administrative Court would have more power than the Judicial Commission, which is the highest personnel management agency of the courts of justice," he said.

Denying anybody to appeal to the Government decision at an independent Court ( in this case punishing a judge ) reveals the true nature of Thai Governance and why the judicial system is designed to fail.

Dear judge Sriamporn Salikup and judge Somchart Thanyawinitku,

The core value of any State where the Rule of Law applies, is that a Government decision can be challenged at an independent Court.

It would not surprise me, but are you and your Colleagues against the Rule of Law?

On the other hand, what is your worry?

The Administrative Court has no authority to change the Administrative decision, only to give guidance and advice.

For that matter, there is no Rule of Law in Thailand, and the the Administrative Court is merely a facade for, that no matter we have to deal with red, blue, yellow or green, Thailand's Government can not be controlled by Courts, only steered by those willing to pay.

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"The Judicial Commission will not be able to effectively punish judges who commit disciplinary offenses. The Administrative Court would have more power than the Judicial Commission, which is the highest personnel management agency of the courts of justice," he said.

Denying anybody to appeal to the Government decision at an independent Court ( in this case punishing a judge ) reveals the true nature of Thai Governance and why the judicial system is designed to fail.

Dear judge Sriamporn Salikup and judge Somchart Thanyawinitku,

The core value of any State where the Rule of Law applies, is that a Government decision can be challenged at an independent Court.

It would not surprise me, but are you and your Colleagues against the Rule of Law?

On the other hand, what is your worry?

The Administrative Court has no authority to change the Administrative decision, only to give guidance and advice.

For that matter, there is no Rule of Law in Thailand, and the the Administrative Court is merely a facade for, that no matter we have to deal with red, blue, yellow or green, Thailand's Government can not be controlled by Courts, only steered by those willing to pay.

How is a disciplinary decision by the judicial commission in any way a government decision?

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"The Judicial Commission will not be able to effectively punish judges who commit disciplinary offenses. The Administrative Court would have more power than the Judicial Commission, which is the highest personnel management agency of the courts of justice," he said.

Denying anybody to appeal to the Government decision at an independent Court ( in this case punishing a judge ) reveals the true nature of Thai Governance and why the judicial system is designed to fail.

Dear judge Sriamporn Salikup and judge Somchart Thanyawinitku,

The core value of any State where the Rule of Law applies, is that a Government decision can be challenged at an independent Court.

It would not surprise me, but are you and your Colleagues against the Rule of Law?

On the other hand, what is your worry?

The Administrative Court has no authority to change the Administrative decision, only to give guidance and advice.

For that matter, there is no Rule of Law in Thailand, and the the Administrative Court is merely a facade for, that no matter we have to deal with red, blue, yellow or green, Thailand's Government can not be controlled by Courts, only steered by those willing to pay.

How is a disciplinary decision by the judicial commission in any way a government decision?

The judicial commission is a Government body, therefor their decisions are Government decisions.

Contrary to the rulings of the Administrative Courts, although they are Government bodies too, those are just advises and guidance's.

Those rulings only will be enforced if the involved Government agency or official accepts and executes the verdict.

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when you allow the corrupt to write anti corruption guidelines why would you expect anything but more corruption. when you allow the bib to interpert and enforce their rules / law and even fines /tea money, for the day why would you expect a clean effecient police force ?

public caning of guilty public paid officials for imisdeeds televised and open for the generaql public to observe on a regular scheduled day on a weekly basis

would draw attetion to the demand for accountability . additional misdeeds resulkt in more intense punishment.

this could work quite wel with the petty thieves, purse snatchers , motorcycke racers etc.

public humilation up to life in priswon or more permerent if the demand is there. no slap on wrist, warning, excuses, temple time ''i am so sorry'' accepted paymewnts accepted by those adversily affected biut punshment phase is still carried out. With NO exception

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I must be reading this wrong.

The judge's are protesting, because they do not want to have the right to appeal?

Is that right?

I don't think you reading this wrong.

First of all, the protesting judges are not likely Administrative Judges, but from Criminal and other Courts.

Secondly the lack off possibilities to appeal at an independent Court with authority to execute its decision is in itself a possibility to take arbitrary decisions, which is common practice in Thailand.

The only purpose of that, is to keep the ruling elite ruling, regardless legit or not, you do what you're told.

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"He said if this was the case, the new charter would destroy the structure of court authority and cause the justice system to fail."

Umm, he might want to check the average persons view on whether the justice system is already failed.

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