Tag Archives: Nitirat group

Why the Constitutional Court was plain WRONG about Yingluk

Giles Ji Ungpakorn

The Constitutional Court overthrew Prime Minister Yingluk for political reasons. There was nothing just or legal about it. I write this as a Red Shirt socialist who does not and has never supported Taksin.

1. Tawin Bliansee was appointed to the national security post after an illegal coup in 2006. This abuse of power was not considered by the court

2. Tawin Bliansee was responsible for drawing up the bogus “anti-monarchy” conspiracy map which helped to justify the shooting of nearly 90 unarmed red shirts. This alone would be legitimate grounds for sacking him and starting prosecutions against him for conspiracy to murder or at the very least conspiracy to libel. The court did not consider this.

3. Ajarn Worachet Pakeerat, from the Nitirat group of progressive law academics, explained that the case brought before the Constitutional Court was about moving Tawin. Yet their ruling was almost exclusive based on Yingluk appointing Priawpun Damapong to replace him, which was a separate issue and was not brought to the court as a case. Worachet considers the court’s decision to be illegitimate. I would say that it is a corrupt abuse of power by the courts.

4. Priawpun Damapong, the brother of Taksin’s ex-wife, was side-lined by the illegal coup makers in 2006 and deliberately ignored for the job of police chief by the illegally appointed Abhisit government which came to power in 2008. Despite his legitimate seniority, a policeman more his junior was appointed instead. So Yingluk was appointing him to redress the injustice that he had received. This was not considered by the court.

5. There is no evidence that either Yingluk or Priawpun made any corrupt gains as a result.

6. The Thai elites are all linked together in a web of friends and relatives. A good example of this is that Korn Chatikavanij is related by marriage to Abhisit Vejjajiva. The important issue to consider is that since 2006 there has been a long history of unelected public officials who have disobeyed or even conspired to overthrow the elected government. Tawin himself appeared on Sutep’s anti-democratic stage before the court ruling and while he was still a government official. One way of trying to overcoming this problem is for the elected government to appoint officials who they know they can trust. This is not corruption or abuse of power.

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The power of the people is real but the Constitutional Court is disposable

Numnual  Yapparat

There is no magical smoke and mirrors that will be able to disguise the real nature of the Constitutional Court (CC) and the old order alliance. The CC is a recently invented institution. It has a long record of violating democracy principles. We did not have it in the past and in a better future we will not have it.

The constitution is less important than the will of the people. If the constitution has been written to benefit the few and it is against the interests of the majority, then we should tear down the constitution. We have to draw up a new draft that suits our goal; the goal of regarding all citizens as equal. The best way to guarantee fairness in society is the participation of the people. We need to smash the myths about “the experts know best”. No they do not. If we look at the CC we know they are the liars and reactionaries who want to destroy democracy. Ordinary people can understand complicated issues if they have a chance to do so. This is not medicine or engineering where we need expert explanations for diseases, epidemics or mechanical failures.

The CC shamelessly nullified the 2nd of February Election. This action is helping to precipitate a new level of the crisis. There were positive reactions from pro-democrats who expressed their anger against the CC. Pro-democratic academics openly released their statements to declare that the CC judgement was illegitimate. I was deadly scared that Pua Thai might kowtow to the CC but fortunately they also issued their statement to condemn the CC.

Ajarn Worajet Pakeerat, from the Nitirat group, fiercely criticised the CC and explained that their judgements have been carried out without any base in law. Worajet said that the CC’s ruling was also destroying the options that the law can provide to break the political deadlock.

Worajet went on to say that “we can only talk about law if we use reason, but the CC are people who do not use reason”. Can we abolish the CC? To answer the question, Worajet said that “under the current constitution, no, because the various independent bodies have the power to make that decision”. He suggested that only political struggle can save us. We needed to maximise the number pro-democracy activists and expand democratic values.

Surely if the old order wants to move forward towards the destruction of the democratic process, they will not be able to rule smoothly. When the anti-Democrats Party were the government, they could not govern at all. Everywhere the anti-Democrats like Abhisit went, they would be confronted by the red shirts. The red shirts also protested against and chased traitor politicians who helped the anti-Democrats form the military backed government in 2008.

The main issue at the moment is how we can prevent Pua Thai from compromising with the old order. One way of doing so is that the progressive rank and file must draw up their own demands such as the release of political prisoners immediately. Another useful demand would be to scrap the Lèse-majesté law and charge state murderers who killed innocent red shirts. We need to have our constitution which states clearly that all politicians and all those who hold public positions need to be elected. At this stage we need to brainstorm and sketch the new society that we want. We can discuss what sort of morals should be the core principles in our new society. We need the kind of morals that enhance human dignity and freedom. We do not need religious morals that legitimise the elite’s oppression of citizens. We need to start thinking now. Otherwise the experts in hypocrisy and politicians who lack any back-bone will draw up their own reactionary road maps.

Constitutional Cretins

Numnual  Yapparat

The buffoons of the Constitutional Court have been at it again. Chalermpol Egg-uru, a Constitutional Judge, stated that the government’s plan to build a high speed rail project was “unconstitutional” because it “was against the King’s Sufficiency Economy”. Supot Kaimuk, another Constitutional Clown, claimed, in all his wisdom, that Thailand is still an under-developed country and therefore “not ready” for such a railway. He said that the government should concentrate on paving the dirt roads in the countryside first. The poor deluded idiot is no doubt too afraid to venture out of Bangkok to see that most roads are already paved. Of course, there is nothing unconstitutional in spending billions on the military budget.

download Suphot_Khaimuk

In the present military Constitution, it is clearly written that the economic policies of all governments should be based on the Sufficiency Economy and Neo-liberalism.

Before this latest court “mis-judgement”, the Constitutional Idiots, ruled that it was illegal for parliament to change the law and make sure that all senators were elected rather than being appointed.

If Thailand needs real democracy we need to abolish the constitutional court. In 2007, the military junta allowed anyone who disagreed with parliament to ask the Constitutional Court to make judgements on new legislation. This encouraged these judges to pronounce on anything over and above their role.

Sadly, most judges in Thailand do not care anything about justice or democracy.

Progressive law academic, Vorajet Pakeerat, from the Nitirat group, commented on the ill-behaviour of the Constitutional Court. He said that they behave as if they were the most powerful institution in the country, more powerful than the elected parliament. He complained that politicians are too scared of the courts. Courts protect themselves against criticism with the “contempt of court” law. Vorajet encouraged people to challenge this situation by suggesting that we should ask why the judges have no respect toward the elected government.

The anti-government protesters and the Democrats love to say that the majority of people should not have the right to vote because they are uneducated. They want to give the right to only a few people. Now we should have a close look at their “well-educated” people.  Those judges talked about the economy without having any knowledge about how the economy functions.

We have to ask why Thailand is still a developing country, why the previous governments before Thai Rak Thai did not do anything to improve living standards, why the military gain so much money each year whereas people live in poverty, why we Thailand still has a very old railway system and why road transportation is in the hands of the mafia?

Personally, I would love to have the high speed rail project. Then we can send the Constitutional Buffoons to some far away desert and make them follow the path of the Sufficiency Economy. They would have to grow their own rice, make their own clothes and travel on bullock carts. I do not like that way of life but if they want it, I fully respect their wishes.