Thai gov't faces backlash from all sides over amnesty bill
Originally published at Siam Voices on October 29, 2013 Last week, we reported on the attempts by MPs of the ruling Pheu Thai Party (PT) to amend the amnesty bill draft to include those affected by groups or organizations set up after the military coup of 2006. The original draft by PT MP Wocharai Hema pardons protesters involved in the numerous political protests in recent years, but not their leaders and authorities involved in clashes during these events.
Now with the planned rewrite - spearheaded by PT MP Prayuth Siripanich, the deputy chairman of the parliamentary vetting committee of the bill - it could mean that a number of politicians and officials under investigation or already convicted could be acquitted, including former prime minister Thaksin Shinawatra.
The outcry by the opposition Democrat Party and anti-government protesters over a feared whitewash of their political enemy was to be expected. However, there's also opposition coming from PT's own supporter base: the United Front for Democracy against Dictatorship (UDD), the umbrella organization of the red shirt movement, who issued a statement voicing their disagreement with the draft rewrite since it also could potentially acquit those responsible for the deadly crackdown on the anti-government red shirt protests in 2010:
(...) The United front of Democracy against Dictatorship (UDD) would like to release this following statements:
1. The UDD are standing by its commitment to support the original format of MP Worachai Hema’s amnesty bill that will grant pardon to political prisoners of all colours only. (...)
3. The differences in solutions to the problem derived from the dissimilarity of opinions. Some MPs believe that amnesty bill should be priority after the formation of the government but the UDD believe that constitutional amendments and the eradication of coup consequences should be the primacy. However, since three years have passed and thousand remain convicted, the amnesty for political prisoners of all colours became the immediate policy of the UDD which resulted in the organization’s proposal for the amnesty bill that was later transformed into the original version of MP Worachai Hema’s bill.
4. One of the core problems is the group of people who will receive amnesty. In the case of former PM Thaksin Shinawatra who was victimised by the consequences of coup d’état, he should be granted justice through the elimination of coup consequences, not via amnesty bill. The amendment of article 309 is the right way to help Thaksin and it should be abolished.
"UDD Statement on the Revision of MP Worachai’s Amnesty Bill", October 25, 2013
In essence, the UDD opposes the notion of a rewritten amnesty bill that would see political and military officials not punished for the events of 2010, while at the same time suggesting an alternative route to undo the conviction of former prime minister Thaksin Shinawatra via constitutional amendments, which are another hot issue the government is currently facing heavy flak from the opposition and especially Section 309 seems to be very protected by the Democrat Party.
In the aforementioned Section 309 of the 2007 Constitution, the coup makers are essentially granted an amnesty since their actions and their consequences are declared constitutional, including the set-up of government agencies. One of them was the Assets Examination Committee, whose investigations led to a conviction of Thaksin in 2008 for abuse of power in a land purchase by his former wife and his self-imposed exile to avoid a 2-year prison sentence. The same conviction would be overturned by the rewritten amnesty bill.
On Sunday, around 300 red shirts of the Red Sunday Group of activist Sombat Boongam-anong (which is considered as a more progressive splinter group) returned to Rajaprasong intersection in the center of Bangkok - where most of the 2010 protests took place - to show their disappointment in the proposal, with Sombat accusing the Pheu Thai Party and Thaksin of failing their followers. Prior to that, the families of the 2010 protest victims have also voiced their opposition to it.
Despite the apparent controversy the ruling Pheu Thai Party has created among their own ranks, it is very doubtful that this could result in a backlash that is sizable and influential enough to revert it or even a "mutiny" as the Bangkok Post suggests, since the red shirts have already stated not to protest against the government should the bill pass in this form.
It is obvious the ruling Pheu Thai Party is willing to bank on a big political gamble that (while maintaining a comfortable majority in parliament) could alienate those parts of the supporter base that want to see justice for the deaths of the 2010 protests, one of the campaign promises that brought them to power in the first place.
UPDATE (Tuesday, 8.00pm): In a decisive push forward, parliament will meet on Thursday, October 31, to deliberate the amnesty bill in its second reading according to several media reports. What also emerged that the Pheu Thai Party passed a resolution that all its MPs, including the red shirts, are required to attend and all should vote in favor of the bill. The vote on the third deliberation is planned to take place on November 2.
Thailand amnesty bill rewrite sparks fears of Thaksin whitewash
Originally published at Siam Voices on October 21, 2013 One of the most heated political issues in Thailand could reach boiling point as a parliamentary committee has retroactively added a passage to a bill that could effectively whitewash former prime minister Thaksin Shinawatra of past legal convictions.
One of the dominant issues in recent months is the ongoing wrangling over the so-called amnesty bill. In August, several different drafts, mostly by MPs of the ruling Pheu Thai Party (PT), granting amnesty to various groups were put forward.
In the end, the draft by PT MP Worachai Hema was proposed and passed in its first reading after a (by now almost to be expected) tumultuous and long parliamentary debate and similarly tumultuous scenes outside the building involving protesters. Wocharchai's draft grants all involved in the numerous political protests from the military coup of September 19, 2006 to May 10, 2010 - just a few days before the end of the anti-government red shirt protests - amnesty (both red and yellow shirts), while excluding its leaders and also authorities and politicians that were responsible in the violent crackdowns of May 2010. Like all other drafts, this also excludes those sentenced and imprisoned for lèse majesté offences.
The bill is currently being vetted by a parliamentary committee and on Friday it did this:
The 35-member vetting panel, dominated by MPs from the ruling coalition, voted 18-8 to support a proposal by the panel's deputy chairman Prayuth Siripanich, who is an MP from the ruling Pheu Thai Party. He suggested that Article 3 of the bill should be rewritten so that the amnesty covers persons accused of wrongdoing by a group of people or an organisation set up after the coup of September 19, 2006. (...)
The 2006 coup-makers set up the Assets Examination Committee (AEC) to investigate corruption allegations against members of the Thaksin cabinet.
The AEC's investigations led to many cases against those politicians, including one that led to an imprisonment verdict against Thaksin. In October 2008, the Supreme Court sentenced the ex-prime minister to two years in jail for abuse of power in the Ratchadaphisek land scandal, after his then-wife bought a state-seized land plot at a price much lower than the market price. In February 2010, the court seized Bt46 billion of Thaksin's assets believed to have been earned from abuse of power. There are more cases against Thaksin that have been suspended while he is a fugitive abroad.
"Amnesty bill change by panel 'to benefit' Thaksin", The Nation, October 19, 2013
Another prominent ex-politician that would profit - if said passage is written into law - is Pracha Maleenot, a minister during Thaksin's premiership and whose family (which runs the broadcasting and entertainment giant BEC-TERO) was considered to be one of the main financial supporters of the Thai Rak Thai Party, the original incarnation of today's ruling Pheu Thai.
Last month a court found the former deputy interior minister Pracha guilty of corruption after an investigation of the AEC into the Bangkok Metropolitan Authority's (BMA) purchase in 2004 of 315 fire trucks and 30 fire boats, all worth an estimated THB 6.6bn or $165m* - allegedly almost THB 2bn or $50m* more that the market price. All other defendants' charges in this case were dismissed or acquitted, including then-governor of Bangkok Apirak Kosayodhin of the Democrat Party. Pracha was handed a 12-year prison sentence in abstentia, as he failed to show up during the trial and is rumored to have fled the country.
But the main focus is of course on the possible scenarios involving Thaksin, who is believed to be still in control of the Pheu Thai Party. While many supposedly independent government bodies set up by military junta after the 2006 are heavily politicized with a certain bias against Thaksin, there's no doubt that the former prime minister has a lot to gain from that specific modification of the amnesty bill as it would pave a way for the self-exiled Thaksin to return home without any legal obstacles - and on top of it being reimbursed THB 46bn ($2.3bn) in frozen assets.
The ruling Pheu Thai Party is unsurprisingly drawing fire from its political opponents, as an unhindered return of Thaksin to Thailand would spell a political doomsday scenario for many of his enemies. Ultra-conservative anti-Thaksin groups - currently extremely small in number and impact - are already planning protests against the bill's latest revision.
Meanwhile, the red shirt umbrella organization the United Front for Democracy against Dictatorship (UDD) has reacted rather timidly and avoided specifically addressing the potential loophole for Thaksin, who is supported by a large portion of the movement. Prime Minister Yingluck Shinawatra, Thaksin's sister, also did not comment on this issue.
It seems that in this eternal political game, be it the amnesty bill or the constitutional amendments, the ruling Pheu Thai party is testing the waters for a bigger legislative foray, one of which could see the return of Thaksin to Thai soil. However, with each push the government should be careful not to provoke the ever-agitated anti-Thaksin and anti-government forces as Thailand's heated political climate could easily boil over again.
*Exchange rate USD : THB in 2004: 1:40
Ex-yellow shirt leader Sondhi found guilty of insulting Thai monarchy
Originally published at Siam Voices on October 2, 2013 Thai court sentences former leader of the ultra-royalist and reactionary yellow shirts movement Sondhi Limthongkul to two years in jail for lèse majesté, but for entirely the wrong reasons.
Things went from bad to worse for Sondhi Limthongkul, the media mogul turned leader of the so-called 'People's Alliance for Democracy' (PAD) aka the yellow shirts, on Tuesday:
The Appeals Court on Tuesday sentenced Sondhi Limthongkul, a core member of the People's Alliance for Democracy, to three years imprisonment after finding him guilty of lese majeste, reversing the lower court's decision which acquitted him of the charge. The prison sentence was reduced by one-third to two years in jail because his testimony was deemed useful.
Mr Sondhi was charged that on July 20, 2008 he went up the stage and made a speech at a rally of PAD supporters at Makkawan Rangsan Bridge over a loud speaker.
"Sondhi gets 2 years for lese majeste", Bangkok Post, October 1, 2013
In that speech, which was broadcasted by his own satellite TV channel ASTV, Sondhi quoted pro-Thaksin supporter Daranee Charnchoengsilpaku, more commonly known as "Da Torpedo", demanding her arrest and prosecution.
Daranee's reportedly very strong remarks made in 2008 criticized the military coup of 2006 and the monarchy, which led to her arrest and sentencing to 18 years in jail. But, following a petition from her, the ruling was nullified and her case was declared a mistrial (we reported) since the hearings were not made accessible to the public and the media. Nevertheless, she remained imprisoned and the retrial in 2011 still found her guilty, sentencing her to 15 years in jail. Earlier this year in July, it was announced that Daranee will seek a royal pardon after more than 5 years of imprisonment and several have reported health concerns.
This lèse majesté charge against Sondhi - filed by the police - originates as far back as 2008 as he was issued an arrest warrant shortly after the aforementioned broadcast and eventually faced trial in 2011 after several delays. In September 2012 he was acquitted of the charges by the Criminal Court, as it found that Sondhi had "no intention" of breaking the law. Now, a year later, a higher court has overturned that ruling.
For Sondhi, who was sentenced to 20 years in prison for corporate fraud earlier this year, it is another blow for the man who led a powerful and controversial political movement, more commonly known as the yellow shirts. The group is notorious for their street protests and the siege of Bangkok's airports in 2008 (the trial has yet to commence) in their continuous campaign to rid Thai politics of the influences of former prime minister Thaksin Shinawatra (a former business partner of Sondhi), including the current government of his sister Yingluck.
In August, Sondhi and other high-ranking leaders announced their resignation from the movement after they failed to convince their former allies, the opposition Democrat Party, to quit parliament in an effort to topple the government. While all involved insist that the PAD is not dead, their departure effectively disables the already marginalized movement (for now), despite the ongoing existence of ultra-royalist, anti-democracy and reactionary political offshoots.
The lèse majesté case and the conviction against Sondhi shows that even supporters of the monarchy and proponents of the draconian law are not exempt from the deeply flawed Article 112 of the Criminal Code. The reasoning of the judges clearly shows the 'logic' of the law and its perceived purpose:
The Appeals Court found Mr Sondhi guilty as charged, reasoning that it was not necessary for him to repeat Ms Daranee's remarks in public. In doing so, Mr Sondhi caused other people to know what Ms Daranee had said and to talk about it, thus affecting the monarchy.
"Sondhi gets 2 years for lese majeste", Bangkok Post, October 1, 2013
In other words, Sondhi made himself an accomplice to the crime and it doesn't matter if it was used in order to vilify her and demand her arrest, since Daranee's words - as with all other allegedly offensive remarks in all lèse majesté cases - are not publicly discussed outside the court rooms. As explored in a previous blog post here, prosecutors have the contradictory task of pursuing offenses against the monarchy (and also the often cited "national security") yet at the same time insist that they do not have an effect on them personally as loyal Thais.
Notably, while countless other lèse majesté prisoners are rejected bail and remain imprisoned while awaiting trial - as authorities claim they are a flight risk - Sondhi Limthongkul yet again walks free on bail (reportedly 500,000 Baht or $16,000 in this case) and probably will never see the inside of a prison cell.