No amnesty for those charged under referendum act

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No amnesty for those charged under referendum act

By Teeranai Charuvastra, Staff Reporter -

 

Democracy activist tears his ballot Sunday and is immediately arrested. Photo: Trongsorntam Kaewponpreuksa / Facebook

 

BANGKOK — A junta spokesman Monday ruled out amnesty for those arrested under the now-defunct law that effectively criminalized any dissent to the constitution put to vote and passed yesterday.

 

That means dozens of people will still face up to 10 years in prison for their actions, which ranged from sending letters critical of the charter draft to tearing their ballots at the poll on Sunday.

 

Full story: http://www.khaosodenglish.com/politics/2016/08/08/no-amnesty-charged-referendum-act/

 

-- Khaosod English 2016-08-08

[JAG]

Well naturally, you wouldn't want them around when it comes to the general election next year now would you?

Talking about general elections, given the success of not allowing opposition campaigning ...

[realenglish1]

Ok so he tore up a ballad Now they want to put him in jail

 

That is extreme  Crush the opposition take no prisoners is the mentality

[tbthailand]

amnesty is not for everyone, ... 

[chowny77]

Crazy! He did vote in a way. He decided not to go "Yes" or "No" and so his vote does not count. That is democracy and he can not complain if the decision is not the one he wants.

[Lupatria]

Just a gentle reminder. An excerpt from the "unofficial English translation" of the draft charter. This is what people were asked to vote for:

 

Section 34 A person shall enjoy the liberty to express his opinion, make speech, write, print, publicize, and make expression by other means.

Section 36 A person shall enjoy the liberty of communication by whatsoever means.

 

Edited August 8, 2016 by Lupatria

[ratcatcher]

38 minutes ago, realenglish1 said:

Ok so he tore up a ballad Now they want to put him in jail

 

That is extreme  Crush the opposition take no prisoners is the mentality

Glen Campbell had torn up a ballad by the time he got to Phoenix

 

OTOH tearing up a ballot in this last referendum is a serious offence according to our masters voice

[elgordo38]

1 hour ago, realenglish1 said:

Ok so he tore up a ballad Now they want to put him in jail

 

That is extreme  Crush the opposition take no prisoners is the mentality

They will show only animosity in their victory. Now they can crack down for real. If you were expecting a kinder more gentle junta forget it. Just follow the story on the human rights lawyers of China to get a feel of the new "tough love" coming down the pipe. Monkey see monkey do. 

Edited August 8, 2016 by elgordo38

[dcnx]

At least they are not chopping off arms yet, Africa style. Yet. And don't think it's above them, because it's not.

[Artisi]

5 minutes ago, dcnx said:

At least they are not chopping off arms yet, Africa style. Yet. And don't think it's above them, because it's not.

Of heads in some advanced societies. 

[Brer Fox]

This report should be of some interest to the PM's good friend Ban Ki-moon and the United Nations. They will have been watching the outcome very closely.

 

Now they can sit back and watch the interesting consequences of the outcome. 

[elgordo38]

15 minutes ago, dcnx said:

At least they are not chopping off arms yet, Africa style. Yet. And don't think it's above them, because it's not.

You might be onto something. If they chopped everyone's arms off they need not worry about an election.  

[waldroj]

This is the offending/offensive piece of the Organic Act on Referendum for the Draft Constitution B.E. 2559 (2016) that even the Office of the Ombudsman of Thailand had some concerns about.

 

Section 61 Any person who commits the following acts:
(1) instigate trouble in order to cause disorder in the voting;
(2) give, offer or promise to give or make preparations for giving properties or other benefits being calculated as monetary value to any person in order to induce an eligible voter to refrain from voting, or vote in a certain way or abstain from voting;
(3) deceive, force, threaten or use influence in order to prevent an eligible voter from voting, cause an eligible voter to vote in a certain way or abstain from voting, or to cause misunderstanding of the date, time, polling station or voting procedures;
(4) open, destroy, cause damage, convert, cause the loss of, invalidity, remove or obstruct the transport of a ballot box or ballot paper, except where such actions are taken pursuant to the lawful authority;

(5) gamble or arrange for any gambling which induces an eligible voter to refrain from voting, vote in a certain way or abstain from voting;
(6) call, receive or accept money, properties or other benefits for oneself or other persons in order to refrain from voting or vote in a certain way or abstain from voting;
(7) sell, distribute, give or host of all kinds of alcoholic beverage in a constituency between 18.00 hours of the day before the
voting day until the end of the voting day.

 

Any person who commits any act under (1), (2), (3), (4), (5), or (6) shall be liable to imprisonment not exceeding ten years and to a fine of not exceeding two hundred thousand baht. The court may also order the revocation of voting right for a period not exceeding five years.

In the case where any wrongdoing under (1), (2), (3), (4), (5), or (6) is committed by a group of more than five persons shall be liable to imprisonment one year to ten years and to a fine of twenty thousand baht to two hundred thousand baht. The court may also order the revocation of voting rights for a period of ten years.

 

Any person who commits any act under (7) shall be liable to imprisonment not exceeding six months or to a fine of not exceeding ten
thousand baht, or both.

 

In the case where a person committing any act under (6) is the person who accepts or agrees to accept money, properties or other benefits for oneself or other persons, has notified such action to the Election Commission or persons assigned by the Election Commission prior to or on the voting day, such person shall not be liable to a penalty and the voting rights shall not be revoked.

[Eligius]

1 hour ago, Lupatria said:

Just a gentle reminder. An excerpt from the "unofficial English translation" of the draft charter. This is what people were asked to vote for:

 

Section 34 A person shall enjoy the liberty to express his opinion, make speech, write, print, publicize, and make expression by other means.

Section 36 A person shall enjoy the liberty of communication by whatsoever means.

 

Good and highly relevant point. But the key part is the bit which follows (not included above), which says that these liberties of the Thais have exceptions applied to them if an action is against 'good morals of people'. Now there is a catch-all phrase, if ever there was one! Who decides what constitutes 'good morals of people'? Why, the 'good people', of course. And who are the 'good people'? Well naturally the people who are in control of the nation now - the junta and their associates. What a happy coincidence!

 

It is important, vital indeed, to note that virtually every single 'right' given to the Thai people in this Constitution is immediately abrogated and rescinded by phrases such as (and I paraphrase): X,Y, Z is allowed, unless such an action is against public order or 'good morals of people'. Because this and similar expressions are open to endless yoga-like contortions of meaning and interpretation (by the men with guns backing them), they render all claims of Thai civil rights utterly meaningless. And it is for this reason that some people see the past 24 hours as a day of infamy in Thai history.

[clockman]

That is why we call it Thainess!

[JAG]

2 hours ago, dcnx said:

At least they are not chopping off arms yet, Africa style. Yet. And don't think it's above them, because it's not.

 

Traditionally they favour other methods - falling from helicopters is one I believe, another involves remote paddy fields, oil drums and petrol....

[kevin2852]

We note Section 61 and see that the " Institution " had some problems with it, The reason it was introduced was to stop vote buying which a certain political party actually won an election with in the recent past. I think that this is a very positive move.

 

[candide]

5 hours ago, JAG said:

Well naturally, you wouldn't want them around when it comes to the general election next year now would you?

Talking about general elections, given the success of not allowing opposition campaigning ...

Now than they have won the referendum they should have no reason to punish them, except as you mention for preparing minds for next elections....

[Dongkampo]

In an authoritarian society, virtually all such organizations would be controlled, licensed, watched, or otherwise accountable to the government. In a democracy, the powers of the government are, by law, clearly defined and sharply limited...not so in Thailand.

Edited August 8, 2016 by Dongkampo

[Srikcir]

Tear up a ballot - up to 10 years imprisonment and/or up to Bt200,000 fine.

Tear up a constitution - rule the nation

Thai justice isn't for everyone except for those who control it.

[tuanku]

7 hours ago, Lupatria said:

Just a gentle reminder. An excerpt from the "unofficial English translation" of the draft charter. This is what people were asked to vote for:

 

Section 34 A person shall enjoy the liberty to express his opinion, make speech, write, print, publicize, and make expression by other means.

Section 36 A person shall enjoy the liberty of communication by whatsoever means.

 

Yes but I believe there is a catch-all somewhere about not acting against 'national security" or some such phrase, which qualifies every liberty the people might otherwise freely enjoy. The people qualified to define acts against National Security are of course the Army.