Thailand Bars Vietnamese Human Rights Activist Again!
Originally published at Siam Voices on October 28, 2010 In September, a press event on human rights in Vietnam was to take place at the Foreign Correspondent's Club of Thailand (FCCT), when the FCCT got a letter by the Thai ministry of affairs being pressured to cancel the event, stating to not allow "organizations and/or persons to use Thailand as a place to conduct activities detrimental to other countries". Shortly thereafter the event was actually canceled, after the speakers and activists have been denied entry to Thailand. This dubious act by the Thai government was certainly a shot in the own foot, since there was some public criticism.
Why am I telling you this, you might ask? Well, may be they have learned some lessons and actually try to.... Ah, what the hell - this is Thailand we're talking about! And guess what? They've done it again!
The president of the Vietnam Committee on Human Rights, Vo Van Ai, was refused a visa by the Thai Embassy in Paris, the second time that he has been prevented from travelling to Bangkok in recent weeks. (...)
An empty chair marked the place where Vo Van Ai was to have delivered a lecture titled "Universality and Particularity in Human Rights: A Vietnamese Buddhist Viewpoint" at the "First International Conference on Human Rights in Asia." The event drew scholars and activists from across southeast Asia and beyond and was held by the Southeast Asia Human Rights Network (SEAHRN) and Bangkok's Mahidon University.
Speaking today, Dr. Srirapha Petcharamasree read letter from Vo Van Ai to SEAHRN, in which he said that "the attitude of the Thai government is particularly shocking given that Thailand holds the presidency of the UN Human Rights Council." Dr. Srirapha is Thailand's representative at the AICHR, but stressed that she was speaking in a personal capacity. She called on the Thai Government "to be faithful to the commitment made to the UN when it made its candidacy to the presidency."
"Thailand Again Bars Vietnamese Activist", The Irrawaddy, October 15, 2010
While this case has generated less outcry than the first ban, it nevertheless bluntly reveals Thailand's current stance and hamfisted handling on these thorny issues.
Thai Army Chief Announces Crackdown On Lese-Majeste Offenders, Tells Them Not to Whine
Originally published at Siam Voices on October 26, 2010 From today's The Nation:
Army chief General Prayuth Chan-ocha warned yesterday that there would be a series of arrests under the lese majeste law, and those arrested shouldn't "whine" because they "should know better".
"Every time there is a gathering [of the red shirts], there are posters and graffiti [against the monarchy]. Let me inform you that we now have evidence and are in the process of making arrests. Do not whine, because we have warned you many times and you are not supposed to do that. If you did it because you didn't know better, then please go ask your parents. If your parents don't know then go ask those who are above them. From our grandparents' generation down to the present, we have been looked after by the monarchy, no matter which king. (...)
"Let me ask, how old are you? I saw that many of you are quite young," he said, referring to those who allegedly wrote the anti-monarchist messages in public areas. "Are you aware of what you are doing? You ought to reflect upon yourselves and your parents if they have benefited from the King's grace or not. If not, then there have been many others who have benefited... Those who have committed these wrongs should be punished. We have [evidence] in websites, posters and graffiti. We have all the pictures and we must see when they will be persecuted."
"Army chief warns of arrests over lese majeste", The Nation, October 26, 2010
General Prayuth partly refers to the anti-monarchy graffiti that were written during the red shirts protests from September 19 of this year. Many of them were written on a large billboard at the construction site of the heavily destroyed Central World shopping mall, displaying in large font the slogans "Everything will be alright".
This announcement also is another evidence for an increasing outspokenness and political activity of the commander-in-chief since he was promoted at the beginning of this month. Unlike his predecessor General Anupong Paochinda, who hesitated to make broad public political announcements, General Prayuth has been very keen to point out that the task to protect the monarchy is paramount and "to [get] rid of some individuals who violate the institution" - which is clearly evident by today's announcement.
Paul L. Quaglia undermines this in a recent story in the Wall Street Journal. Key excerpt:
In the short term, the military's influence on civilian governance could be positive and stabilizing. Prime Minister Abhisit has so far proven a lame-duck leader. (...) This governance vacuum worries many Thais, who see an unstable global economic recovery and a strengthening baht. Political instability is also a concern, given that red-shirt demonstrations in Bangkok have restarted, and former Prime Minister Thaksin Shinawatra has announced that he will manage the opposition Puea Thai Party's campaign in the next election.
That makes General Prayuth's recent statement that he would not hesitate to use force to "protect the monarchy" or "to ensure order" more than just a statement of military intent. For many Thais, "order" is what they are longing for. (...)
That may be the kind of leadership that General Prayuth aims to provide, although his personal political views are unclear. He has not discussed elections or the government's plans for political "reconciliation" with disaffected pro-democracy supporters. But if Thai history teaches one thing, it's that Thais should be wary of anyone who promises to restore order. Democratic reform, governance transparency and public accountability could be the casualties.
"The Thai Army Stands Up", by Paul L. Quaglia, Wall Street Journal, October 17, 2010
Also, in a separate announcement on Monday regarding the upcoming visit by UN secretary-general Ban-Ki Moon, General Prayuth has warned not to hold any political gatherings since there's (still) a state of emergency in the capital, urging would-be offenders to think about the country's image - an clear image that the commander-in-chief may have in mind, but cannot possibly except from everybody to agree with him.
The Eternal Auditor-General: Why Thailand's 'Duck Lady' Won't Retire That Easily
Originally published at Siam Voices on October 20, 2010
On Tuesday the Administrative Court has decided that auditor-general Khunying Jaruvan Maintaka, nicknamed 'Ying Ped' ('duck lady') cannot exercise any power or authority and has to step down from her position (as reported in The Nation, Bangkok Post and Matichon today). The court also turned a previous order by her that revoked the appointment of the deputy auditor-general, Pisit Leelawichiropas, as her successor. This order to revoke was issued on August 18 earlier this year. The catch? Jaruvan has turned 65 years old on July 5, thus has overstayed at her post and shouldn't have been allowed to exercise any powers.
This for now ends a legal battle over the top post at the Office of the Auditor-General (OAG) and Jaruvan's almost eternal tenure that is scattered with controversies (just look here how often her name pops up at Bangkok Pundit). To understand the issue, we have to go all the way back to the first Thaksin administration, when she was appointed as auditor-general in 2002. She quickly gained a reputation for being forceful when examine the budgets of past and present governments. In June 2003 she was hit with a petition being filed at the Constitutional Court by senators claiming that her nomination was unconstitutional. The court ruled in 2004 that her appointment was indeed irregular but did not forced her to step down from her post. Despite calls that the whole nomination procedure has to start all over again, Jaruvan refused to resign and said that she can only be removed by "royal command".
Jaruvan carried on with her work as auditor-general, revealing many budgeting wrongdoings of the Thaksin administration in the process until she retired on September 30, 2004. When the State Audit Commission approved a new auditor-general in May 2005 and seek royal approval, the palace unprecedentedly did not endorse the new nomine. This has led many observers to the interpretation that the King has made use of Article 7 of the 1997 Constitution, which is seen by many a clause for royal intervention in politics. (The call for royal intervention was also a popular demand by the PAD back in 2006 to replace Thaksin with a caretaker government. This was later dismissed by the King in a royal speech, in which he said that such a move would be "undemocratic" and "irrational"). After a letter by the king's private secretary advising to search for a solution of the problem, the SAC reinstated Jaruvan in February 2006.
Then on September 18, 2006 Thaksin initially wanted Jaruvan to step down from her post again at the end of the month, but this plan was never realized because a day later the military coup happened. Despite the reorganizations and dissolving of many state organizations, the OAG was left untouched. Furthermore, it was announced that Jaruvan's tenure was extended to September 30, 2007 where she would then complete a maximum term of five years - article 33 of the Auditor General Act of 1999 states that an auditor-general can only stay for one term. Also the same announcement urged the SAC to find a successor within 90 days. But no successor was appointed and Jaruvan stayed on beyond September 30, 2007.
The current legal battle ensued over Jaruvan's nomination for her replacement. On April 9, 2009 she tipped her deputy Pisit Leelawichiropas to take over the post. All seemed set to be a smooth transition until August 18 of this year when Jaruvan suddenly changed her mind and ordered to cancel Pisit's appointment. As earlier mentioned, she made this call on August 18, way past her mandatory retirement age when she turned 65 years on July 5. This is how this case ended up in court. Jaruvan argued in court the reason to cancel Pisit's crowning as the next auditor-general was that he made "verbal threats", intimidated low level staff and was generally acting in a way that "would seriously damage and affect the work in the Office of the Auditor-General" (source: Matichon, Oct 6, 2010). Now, that Pisit wouldn't be amused by such allegations is understandable and unsurprisingly, the mood between the two has increasingly deteriorated since Jaruvan's change of mind as this snippet reveals:
The latest flare-up took place on Monday during a meeting of 40 executives and 20 staff members called by Mr Pisit. The khunying reportedly stormed into the meeting and the two rivals battled for the chairperson's seat and microphone in a manner totally unbecoming of officials of their high status. Obviously, both Khunying Jaruvan and Mr Pisit did not appear to mind if the baffled officials present would be offended. Nor did they care for the members of the media present. Perhaps wrangling has become a habit and they no longer feel anything unusual or wrong about it.
"Major farce at audit office," Bangkok Post, September 23, 2010
After the verdict, Jaruvan has announced to appeal against the ruling. She repeatedly claims not to cling on to her post and "she simply did not want to be charged with dereliction of duty for stepping down while no official replacement was appointed", making a reference to article 33 of the Auditor General Act of 1999 that requires a new officially appointed successor in order for the incumbent to make room. But the court has referenced article 34 instead, in which that an auditor-general has to be replaced if he or she either dies, runs for a political office, is being dismissed by the SAG board or, in her case, has reached 65 years. To emphasize this verdict even more, the judge said this memorable statement:
"If the interpretation goes that way [that the CNS order overrides the state audit law on the auditor-general's qualifications], it would mean an auditor-general who is dead, has resigned, is running in an election to be an MP or senator, or has become a drug addict would still be able to carry on working as auditor-general," said chief judge Somchai Wattanakarun in reading out the verdict.
"Jaruvan Vows To Hang On Despite Ruling", Bangkok Post, October 20, 2010
Even though the court has effectively told Jaruvan to leave, this won't be the last thing we'll hear about this case. Hopefully, it won't drag on as long as the other controversies surrounding her persona in the past, but she sure has the audacity to somehow wrangle through after all these years between so many different change of systems and governments. To adapt a popular saying: It ain't over until the Duck Lady sings!
Thaksin and the "Bad Exes" Story
Originally published at Siam Voices on October 12, 2010 The Foreign Policy (FP) magazine has published a story under the title "Bad Exes", where author Joshua E. Keating has listed five former heads of state including Gerhard Schröder, José María Aznar and Joseph Estrada on what they have been doing after they left office - most of them are controversial to say the least. Thaksin was also featured in this story:
Since being deposed in a 2006 coup amid allegations of graft and human rights abuses, Thaksin has lived a peripatetic existence. The former billionaire businessman has served as a "special ambassador" for Nicaragua and an economic advisor in Cambodia, and was briefly owner of the Manchester City soccer club. Thaksin reportedly lived under a false name in Germany for more than a year and has used illegally received passports from a number of other countries as well. He now makes his home in Dubai. (...)
"Bad Exes", by Joshua E. Keating, Foreign Policy, October 1, 2010
Keating then goes on to describe his alleged role during the red shirts protests of this year. On Monday Thaksin's lobbyist legal adviser and former foreign minister Noppadon Pattama went to press to slam the article:
Fugitive Thai Prime Minister Thaksin Shinawatra will not sue writer of a US magazine who listed him among "Bad Exes," but instead will write to explain facts, Thaksin's personal spokesman Noppadon Pattama said Monday.
Noppadon also dismissed on behalf of Thaksin (...) that Thaksin used false name and passport to enable him to live in Germany for a year.
"Thaksin is not bad exes : Noppadon [absolutely sic!]", The Nation, October 12, 2010
As I reported back in February, Thaksin indeed was given a German residence permit legally. But under dubious circumstances and even more dubious people accompanying him, he wasn't actually supposed to be allowed in there in the first and when the German authorities found out about this, his visa was cancelled.
Noppadon then went on to say that the American journalist was "apparently misinformed only to discredit Mr Thaksin," an argument that we have heard in different contexts several times already.
Oh, and there's one more thing:
Noppadon said in a press conference, "I dare to challenge anyone to come out to show evidence that Thaksin used the false name and passport. If anyone could, he or she will be rewarded Bt1 million per each evidence."
"Thaksin is not bad exes : Noppadon [friggin' sic!]", The Nation, October 12, 2010
Anyone dares to say: "Challenge accepted"?
ADDENDUM: First off, when the alleged use of a false name was mentioned ("Thaksin reportedly lived under a false name in Germany for more than a year"), the link in the original story apparently leads to another FP story, but instead the page is inaccessible.
Secondly, last year the Thai foreign ministry came up with this claim:
Runaway ex-PM Thaksin Shinawatra has used new name in his passports issued by some African countries, Thai Vice foreign minister Panich Vikitsreth said Wednesday. Thaksin's name in passports issued by Nicaragua, Uganda and Montenegro has been changed to "Takki Shinegra" he said.
"Thaksin's new name : Takki Shinegra", The Nation, November 25, 2009
And here's Thaksin's answer to that:
"If the ministry really did say that, then it must have reached the bottom-most level," he said in a Twitter message. He said it would be pointless for a person like him to travel under a different name because he was recognised wherever he goes.
"Thaksin denies being 'Takki Shinegra'", Bangkok Post, November 26, 2009
Whether he ever really used this name or someone in the foreign ministry watched too much Japanese stuff is yet to be seen. What I can say with absolute certainty is:
Takki Shinegrea?! What an utterly stupid name...!
Survey: Thai Army Should Not Be Influenced By Politics
Originally published at Siam Voices on October 12, 2010 On Sunday the Suan Dusit University has released the results of yet another survey, this time under the title of "The army in the public eye" ("ทหาร ในสายตาประชาชน") and 2,408 people have been asked between October 6 - 9. This ties in with the recent promotion of General Prayuth Chan-ocha to commander-in-chief.
Before we take a look at the numbers, I'd advise you to read Bangkok Pundit's general disclaimer about opinion polls.
Here are some of the most interesting bits:
1.1 The public opinion on the army today towards politics: A. There is political intervention. / The army is being dragged into political matters more. 55,16 % (!) B. The army must have a clear stance and show no political ambiguity. 24,33% C. They have a very close relationship to politicians. 20,51% ... 2. Regarding the most recent bombings, what role in resolving this issue do you want to see the army in? A. To cooperate with the police in surveillance in order to protect the country from any ill will. 40.48% B. Better surveillance of military weapons. 30.34% C. Better intelligence. 18.11% D. To advice the public about the weapons/explosives and inform how to spot suspicious objects. 11.07%
3. How do you want the military take part in the national reconciliation efforts? A. To be neutral and listen to all sides in order to find a suitable solution. 45.68% B. To clarify and explain the advantages and disadvantages to the public, in order to avoid becoming a tool of an individual or a group. 29.65% C. To resolve and suppress those who have bad intentions towards the country. 14.89% (!) D. The army must show unity in order to be a good role model to society. 9.78% ... 6. What does the army need to fix the most? A. No interventions by politics. 49.19% (!) B. Neglecting of weapons smuggling. 26.51% C. Abuse of authority. 13.86% (!) D. Bad behaving soldiers. 10.44%
"“ทหาร” ในสายตาประชาชน", Dusit Poll, October 10, 2010
The most puzzling aspects of this survey is the the question the interference of politics in the army (marked with a "!"). The results of the survey seriously want to suggest us that there is too much intervention by politics in the military?!
What To Do With Anti-Monarchy Graffiti?
Originally published at Siam Voices on October 7, 2010. Thailand's draconian lèse majesté laws have been subject of many debates and not since the most recent arrest of Prachatai webmaster Chiranuch Premchaiporn (previously reported here and here) were the flaws of this laws exposed clearly.
Since her arrest was prompted by someone filing a complaint at the local police for comments on the website (and the alleged failure to remove them in time), I came across this interesting story on Political Prisoners in Thailand (PPT)...
MeechaiThailand.com, owned by Meechai Ruchupan, former President of the Senate, veteran government legal advisor, and former President of the Council of the State, answers a law-related question on lèse majesté from Kraiwan Kasemsin.
The question is “I used a toilet in this gas station and found this writing that insults the Monarchy. I would like to know if the owner could be charged for letting that happen. How can I file a complaint against the owner or request them to remove the writing? What if the owner does nothing and lets the writing remain? How can the owner be charged?”
Meechai answers: “If the owner acknowledged the complaint and did not remove the writing then they might be guilty. Whoever finds this kind of thing should tell the owner to remove it, or report it to the police.”
Kraiwan Kasemsin is chairman of the Taxi Club in Mor Chit and Don Muang. He was a friend of Chupong Teetuan of Norporchor USA. Kraiwan recently moved to host a pro-monarchy radio programme under Newin Chidchob’s direction.
"Anti-monarchy graffiti", by Political Prisoners in Thailand, September 30, 2010
The original story appeared in Matichon (in Thai).
So, comparing this to the Prachatai case we see some similarities, even though the platform is very, uh, analogue. The asker wants to know if the owner of the platform (in this case admittedly in an abstract way it is the owner of the petrol station) can be sued if he does not remove the anti-monarchy statements fast enough, whether he knows about it or not. The answer is a bit unclear, does it say you could report it to the police right away without acknowledging the owner?
The reasoning is the same as seen in the Prachatai case. No matter who wrote the message, the owner of the platform apparently can be charged. Here's is the reasoning of the Prachatai case for comparism:
After considering that comments related to the interview of Chotisak Onsoong, who refused to stand for the royal anthem in a theater, [...] deemed lese majeste, Sunimit Jirasuk, a Khon Kaen businessman, went to the police station and filed charges against Chiranuch [...] for publicizing and persuading others to approve, praise and imitate Chotisak’s ‘disloyal’ act, Manager Online reports. (...)
“Most of the comments approve Chotisak’s act, indicating that they want to overthrow the monarchy. It is believable that letting people freely express their opinions regarding the issue on the Internet indicates that [the webmasters] want to be the center of the people who want to undermine the throne. Therefore, both webmasters should be charged,” Manager online reported Sunimit’s remark. (...)
"Analysis On Chiranuch Latest Charges And Arrest", Thai Netizen Network, October 2, 2010
Nevertheless that doesn't hide that fact that anti-royal resentments do exist in Thailand and are also on display. During the recent protests by the red shirts on September 19 it was reported that there were anti-monarchy writings as well.
The one thing conspicuously missing from media coverage was the angry messages emblazoned on the corrugated iron wall outside CentralWorld, which is being rebuilt after the red shirts allegedly burned it down in the aftermath of the crackdown.
Until late Sunday afternoon, the walls were plastered with colourful feel-good propaganda calling for national unity, which were later replaced by angry messages aimed squarely at the established old elite saying things that cannot be reproduced here or anywhere else without the risk of violating the lese majeste law.
At about 7pm that Sunday evening, a number of red shirts stood in front of the wall airing their anger and political grievances. The very next day, these messages were removed and life went on as if they were never there to begin with.
"It may be time to take off the blindfold", The Nation, September 23, 2010
Could the owner of the wall, on which the writings were, be charged as well if he didn't remove them in time? If the two previous and a number of other non-LM cases have taught us anything, then it is also allowed to shoot the messenger.
After The Arrest of Prachatai Webmaster Chiranuch Premchiaporn: Observations and Analysis
Originally published at Siam Voices on October 4, 2010 Two weeks ago, the webmaster of the Thai news site Prachatai Chiranuch Premchiaporn was arrested after she arrived in Bangkok from a conference on online free expression in Hungary (as previously reported). Chiranuch was charged for violating the Computer Crimes Act regarding reader comments on the website deemed offensive to the monarchy. The complaint was filed by a man in Khon Kaen. Chiranuch was released on bail on the same night. She was previously arrested and in court last year for the same charges that could put her in jail for 50 years.
There was a considerable amount of outcry by international human rights groups, press advocacy groups and even prime minister Abhisit was reportedly concerned by the case, although one could suggest that he more feared the damage to an already ruined international reputation of the country (see Bangkok Pundit for details). Chiranuch's arrest has set off some discussions about her case and the state of freedom of expression in Thailand.
First, in an interview with Pravit Rojanaphruk of The Nation, Chiranuch told she was shocked upon her arrest at the airport and voiced doubts about her case(s). Also, she talked about the ramifications of her most recent arrest:
[Pravit] What will you do next?
[Chiranuch] We'll have to see if the Office of the Attorney-General will forward the cases to court or not. My first [case for violating computer crime law] is already taking years. After getting bail, I have to travel to Khon Kaen once a month and it's a burden.
P: How has this affected your life?
C: I have doubts about the judicial process. In this case, if someone wants to hurt you, the person can lodge a police complaint in a far-flung province and the suspect has to travel far. This incurs real expenses.
P: Do you know the person who has pressed charges against you?
C: No, I have never met this person, though I have learned that he's a real-estate businessman based in Khon Kaen.
"Facing charges two years later in another province", Pravit Rojanaphruk, The Nation, September 30, 2010
The last sentence highlights one of the main problems of the lèse majesté law, since virtually every person can file such a complaint at the police and the police would have to go after every case. How ridiculous these procedures can go, was shown recently in the case of actor Pongpat Wachirabanjong, who despite or because of the widely-applauded speech praising the king got slapped with a lèse majesté complaint as well - in his case though, it was thrown out in lightning speed.
The Thai Netizen Network has analyzed the case and got revealed more details:
After considering that comments related to the interview of Chotisak Onsoong, who refused to stand for the royal anthem in a theater, on Prachatai, which attracted more than 200 comments within the first week of published, and Sameskyboard.com on April 28, 2008 deemed lese majeste, Sunimit Jirasuk, a Khon Kaen businessman, went to the police station and filed charges against Chiranuch and Samesky webmaster Thanapol Eawsakul for publicizing and persuading others to approve, praise and imitate Chotisak’s ‘disloyal’ act, Manager Online reports. (...)
“Most of the comments approve Chotisak’s act, indicating that they want to overthrow the monarchy. It is believable that letting people freely express their opinions regarding the issue on the Internet indicates that [the webmasters] want to be the center of the people who want to undermine the throne. Therefore, both webmasters should be charged,” Manager online reported Sunimit’s remark. (...)
Chiranuch, who has travelled abroad four times since the court issued the warrant, said she has never seen an arrest warrant or a summon letter before and never had trouble passing through the immigration counter at the airport. This is similar to Thanapol from Sameskybooks.org who is reportedly facing the same charges. Thanapol said he has gone abroad once after the arrest warrants was supposedly made, but never had problem passing through the immigration police counter and had never seen any legal document from Khon Kaen police. (...)
A reliable anonymous source said the Ministry of Information and Communication Technology and a police department specifically dealing with cyber crime did not acknowledge and did not order the arrest. The source further observed that the arrest followed police reshuffle in August.
"Analysis On Chiranuch Latest Charges And Arrest", Thai Netizen Network, October 2, 2010
The aforementioned businessman from Khon Kaen has also filed against Chotisak himself and was quoted that he "could not accept that Chotisak and friends claimed to be Thai" (Bangkok Pundit has more).
Also, as pointed out in the article, the timing of the arrest is bears an ironic coincidence since Abhisit was out of the country and in a speech said this:
He also defended himself against accusations of damaging media freedoms, saying that only outlets which "incite violence" had been closed. "I'm not sure whether you'd allow any special station for Al-Qaeda here," he told his mostly American audience.
"Thailand could hold early 2011 elections: PM", AFP, September 25, 2010
The Bangkok Post points out in a very critical story about the ongoing repression against freedom of expression and the media. Key excerpt:
There are many problems with the massive media crackdown by the Abhisit government. The most obvious is the continual use of the Computer Crime Act to intimidate and silence websites, blogs, videos and other forms of legitimate media. The thousands of times this law has been invoked is telling. It means that authorities either cannot or will not bring normal legal charges. It is enormously discriminatory. If an article, a photo or a video appears in a newspaper or on a TV station it is legal; but because it is on the internet, it is not. (...)
Ms Chiranuch has been the personification of an unseemly, unnecessary and eventually self-defeating government policy. The current government of Mr Abhisit did not start the persecution but it has pursued it more aggressively than its predecessors. They have brought in the military in the form of the Centre for the Resolution of the Emergency Situation (CRES). (...) It is clear to all observers that the government considers Prachatai a media enemy, and has used strong-arm tactics against it.
"Persecution of the media", Bangkok Post, September 28, 2010
While radio and TV stations (and to a certain extend the print media) can be monitored and easily controlled, the internet is from the viewpoint of the authorities a frustratingly, uncontrollable, wild stream of diverse opinions and footage, no matter their validity, authenticity or truth.