Referendum is over but dozens fighting charges

[webfact]

Referendum is over but dozens fighting charges

Juthathip Lucksanawong
The Nation 

 

Anti-coup New Democracy Movement activists, led by Pakorn Areekul, front, appear at Bang Sao Thong Police Station in Samut Prakan province to call on police to clarify a case involving seven fellow activists. 

 

BANGKOK: -- AT LEAST 44 people charged under the Referendum Act are struggling to fight the cases, according to the Thai Lawyers for Human Rights (TLHR).

 

Defendant lawyers have also found that given what they describe as the ambiguity of the Act, it is even harder to prove that their clients' actions were in line with democratic principles.

"Section 61 of the Act allows the authorities to broadly interpret the provision and they can consider anyone as having committed wrongdoing against the law," lawyer Pawinee Chumsri of TLHR said.

 

Full story: http://www.nationmultimedia.com/politics/Referendum-is-over-but-dozens-fighting-charges-30297267.html

 

-- © Copyright The Nation 2016-10-10

[tbthailand]

31 minutes ago, webfact said:

"Section 61 of the Act allows the authorities to broadly interpret the provision and they can consider anyone as having committed wrongdoing against the law," lawyer Pawinee Chumsri of TLHR said.

 

exactly the point of the law, ... 

 

Roadmap to democracy, ... yeah, right. 

[Squeegee]

"... they can consider anyone as having committed wrongdoing against the law"

 

Disgusting. This is human life they are abusing.

 

 

 

Rape, murder, robbery, drug dealing, being unaware... the list goes on of people who think what they are doing is right.

 

[JAG]

19 minutes ago, Squeegee said:

"... they can consider anyone as having committed wrongdoing against the law"

 

Disgusting. This is human life they are abusing.

 

 

 

Rape, murder, robbery, drug dealing, being unaware... the list goes on of people who think what they are doing is right.

 

Those crimes you list affect the little people. 

Campaigning for Democracy could affect the power of the"good people ".

 

Priorities.

[NongKhaiKid]

Rule of Law, democracy etc, the pretence that such exists was never very compelling and is being eroded completely.

The junta's message is loud and clear that they're in charge and no one should forget it.

[Squeegee]

Just now, JAG said:

Those crimes you list affect the little people. 

Campaigning for Democracy could affect the power of the"good people ".

 

Priorities.

 

Take a lady against her will, do bad stuff to her then kill her.

Take a democracy activist corruption case witness someone against their will, do bad stuff to have a chat with them then find them dead.

 

Thailand, where are the good people?

 

 

 

[bark]

5 hours ago, NongKhaiKid said:

Rule of Law, democracy etc, the pretence that such exists was never very compelling and is being eroded completely.

The junta's message is loud and clear that they're in charge and no one should forget it.

Say What ?

[candide]

I think there will be no mercy, as the junta probably wants an election based on the similar principle of "no campaigning".

[seajae]

doesnt matter how much we disagree with what happened, these people were made aware they would be breaking the law if they went ahead with what they were doing but did it anyway. To now try to claim innocence is a but hypocritical, they made the decision to do their protest knowing they would be arrested but still did it, they have expressed what they wanted to but now they have to face the results of their actions, this rule applies to every country, protest all you want but if you do it outside the current laws then you have no one to blame but yourselves for going against it in the first place. The laws may not be fair but they still have to be followed if you do not want to be arrested, protesters are arrested all over the world, no different here,  may not be ethical to many but that is the laws everyone must abide by if they live here until such time they are changed, our personal opinions dont matter, unfortunately we just have to accept it

Edited October 10, 2016 by seajae

[elgordo38]

1 hour ago, candide said:

I think there will be no mercy, as the junta probably wants an election based on the similar principle of "no campaigning".

Yes its sad. There is no figure head to look up to here like in Burma. The military called an election thinking they had all the bases covered. Then aung san suu kyi came along and hit a home run. Sadly there is no Thai Babe Ruth. 

[Retiredandhappyhere]

Seajai,

 

So, if the Junta were to pass a law that ordered the death penalty for anyone riding their motor bike without a helmet, you think that anyone doing that should be executed as it would be in accordance with the law, with which the people are familiar?

 

There is such a thing as a proportionate response.

 

[waldroj]

 

No wonder Justitia is looking a bit horrified with the Thai Justice System, she's just been looking through the Organic Act on Referendum for the Draft Constitution B.E. 2559 (2016)  !!!

 

And it seems that she is not on her own, according to The Nation, "...Legal experts...and former senators championing human rights believed the second paragraph of Section 61 of the Act was "ambiguous", and it could lead to confusion and a climate of fear, under which people are afraid to express their views towards the draft..." !!!

 

So, what are they referring to?

 

Well, Section 61 from the Act tells us:

 

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 disseminates texts, pictures, sound in newspaper, radio, television, electronic media or any other channels that are distorted from the fact or having violent, aggressive, rude, inciting, or threatening characteristics aiming to induce eligible voters refrain from voting or vote in a certain way or abstain from voting. Such person shall be regarded as a person who instigates trouble in order to cause disorder in the voting.

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.

 

So, there it is folks - blind Justice under the junta.

[Grubster]

4 hours ago, seajae said:

doesnt matter how much we disagree with what happened, these people were made aware they would be breaking the law if they went ahead with what they were doing but did it anyway. To now try to claim innocence is a but hypocritical, they made the decision to do their protest knowing they would be arrested but still did it, they have expressed what they wanted to but now they have to face the results of their actions, this rule applies to every country, protest all you want but if you do it outside the current laws then you have no one to blame but yourselves for going against it in the first place. The laws may not be fair but they still have to be followed if you do not want to be arrested, protesters are arrested all over the world, no different here,  may not be ethical to many but that is the laws everyone must abide by if they live here until such time they are changed, our personal opinions dont matter, unfortunately we just have to accept it

The problem is " You have the right to free speech, but you cannot say anything that we don't agree with or you will be dealt with". Then the statement " we are a Democracy ".  Cant have it both ways.

[tbthailand]

5 hours ago, seajae said:

these people were made aware they would be breaking the law if they went ahead with what they were doing but did it anyway.

 

 

Ah, yes, reminds me of the reasonable position that all authoritarian, self-imposed rulers take, "if you have done nothing wrong, then you have nothing to fear", .... 

 

1) the laws are crap, ... but you did acknowledge that part

2) the laws are written so that the junta can decide who has broken them, ... not so that you know where the line is... There were many people intent on resisting these clowns and yet stay within the imposed limits. The "flexible" wording of the law made that impossible.

3) please explain why a journalist covering the pre-referndum activities was arrested, jailed, and charged for nothing more than being there to report on the events?

[tifino]

55 minutes ago, Grubster said:

The problem is " You have the right to free speech, but you cannot say anything that we don't agree with or you will be dealt with". Then the statement " we are a Democracy ".  Cant have it both ways.

 

North Korea uses the word 'Democratic' within it's Title too

[Grubster]

1 minute ago, tifino said:

 

North Korea uses the word 'Democratic' within it's Title too

True. I sure hope it doesn't get that bad here,  But ....