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April2006 : HM Asked the Courts to Solve Political Turmoil
His Majesty the King on April 25 asked the Supreme Administrative Court and other lower courts help solve the political crisis through democratic rules and the chiefs of the Supreme, Constitutional and Administration court immediately responded.
Caretaker PM Thaksin Shinawatra took leave after announced he would not accept the prime ministership in the next TRT government and appointed Pol Gen Chidchai an interim caretaker PM
The EC endorsed 386 constituencies and 99 party-list members of the new House of Representatives from the April 2 general election and dissolved two small political parties for allegedly received financial support to field candidates in running the poll. After the first round by-election, 14 constituencies should have the second round by-election due to its lone candidates still didn’t receive 20 percent votes but the April 29 by-election was suspended by the Administrative Court.
Senate election on April 19 unofficial named all 200 senator-to-be but the official results was not announced yet.
Khon Kaen senator and veteran politician Klaew Norapati died at the age of 89.
The Supreme Court rejected Mr.Chuwit Kamolvisit’s appeal on the EC’s decision to ban him from the Senate election.
The 14-members NCCC selection panel named three more NCCC leaving the final two to be named next month.
Three BMA officials were investigated in the e-auctions while the findings on the 6.7-billion baht fire trucks and boats purchasing deal was submitted to the Interior Ministry and the Attorney-General’s office to decide on the cancellation.
Another three-month extension of the emergency rule in the three southern provinces will be run until July 20.
The National Human Rights Commission will proposed a bill to provide basic human rights protection to HIV/Aids people to ensure fairer and the Supreme Court plans to set up a special court in Bangkok to handle increasing environmental cases.
HM asked courts to solve crisis
His Majesty the King during granting an audience to groups of new Supreme Administrative Court and other lower courts at the Klai Kangwon Palace at Hua Hin in Prachuap Khiri Khan on April 25 asked the country’s top courts to help solve the political crisis through democratic rules. He also said it was wrong to cite Article 7 and seek a royal appointed prime minister since Article 7 did not permit the King to exercise power at whim and since becoming King he had seen the constitution rewritten several times but he had never used the constitution or the law as a means to impose his will.
HM said the parliament must have a quorum to convene and a parliament was not functional until there was a quorum therefore there must be attempts to solve this problem. As people counted on the courts, particularly the Supreme Court, to uphold justice so he suggested the courts consult with other courts such as the Administrative Court on what steps should be taken and the decisions must be proceed urgently otherwise the country would collapse.
The King said the court should keep watch on the election where sole candidates ran.
Twelve top judges of the Supreme Court, the Supreme Administrative Court and Constitution courts on April 28 met to sort out legal hurdles involving the snap polls in the wake of His Majesty the King’s rare intervention and issued a statement that the three courts reached agreement to 1] speed up deliberations cases filed in the three courts, 2] all courts will work in the same direction to avoid conflicts and public confusion and 3] each court will independently work within their own jurisdiction as they considered election related cases.
Thaksin took leave
Caretaker PM Thaksin Shinawatra announced he would not accept the prime ministership in the next TRT government administration in a nationwide telecast on April 4 citing the need to restore national unity for the celebration of His Majesty the King’s 60th anniversary on the throne in June. Mr.Thaksin took leave and appointed Pol Gen Chidchai an interim caretaker PM to take over day-to-day operations and chair weekly cabinet meeting but important matters would still be left to Mr. Thaksin, who would retain his position as leader of TRT party. Pol Gen Chidchai was recently promoted to first deputy prime minister weeks ago at the height of a street protest campaign aimed at ousting Mr. Thaksin over allegations of abuse of power and corruption.
Though Mr. Thaksin was alleged on promising to provide small and mediun-sized loans [SMLs] to people who voted for him during an election campaign speech in Khon Kaen on March 6, the EC’s fact-finding sub-committee on April 9 ruled him not guilty on ground that he was merely talking about the government’s past performance, and the SML policy was part of TRT’s policy platform and well known among the public. The panel also agreed that the prime minister did not break the law by offering the money because the promised money was considered as coming from the government budget, not given in the name of an individual or TRT party. The panel has yet to reach a conclusion on the case of Pojanee na Pompetch, the prime minister’s mother-in-law, who brought T-shirts and headbands for distribution to members of the Caravan of the Poor, citing lack of photograph as evidence. Another case of Mr.Thaksin giving away money to students who attended the Vocational College Students and Nation Building event on Feb 25, the panel said witnesses had been brought for questioning and it was found the prime minister gave the money to the students to subscribe to a magazine. It was not offered in exchange of political gain
Election results
The EC on April 12 disclosed an official April 2 election turn out that 44,909,562 people were eligible for party list votes but only 29,088,209 [64.77%] came out to cast heir ballots, 18,356,402 or 63.11 percent were valids while 1,680,101 or 5.78 percent were invalids and the abstention votes were 9,051,706 or 31.12 percent.
For total 44,778,628 eligible constituencies voters, 28,998,364 or 64.76 percent came to cast their ballots and the valid votes were 15,608,509 or 53.83 percent against 3,778,981 or 13.03 percent invalids while 9,610,874 or 33.14 percent abstention.
In Bangkok there were 4,146,300 eligible voters and 2,620,979 people turned out to cast their ballots. Valid votes were 1,206,853 against 105,743 invalids and 1,319,206 abstentions.
On April 28 the EC endorsed the wins of 386 constituencies and 99 party-list members of the new House of Representatives candidates, 475 from the TRT party and 10 constituency MPs from small and almost unknown parties and most of them managed to make their ways to the House in spite of they were far behind the no-votes accounting.
In Bangkok where TRT won in all 36 constituencies, official results from the EC revealed that the number of constituencies no-votes and invalid ballots are 1,315,990 and 99,826 respectively while 1,190,018 ballots were valid.
In 40 constituencies of those 17 provinces where TRT lone candidates failed to win the required 20 %, fresh election were held on April 23 but a lack of the required 20 percent of voters were not met again in 14 constituencies in nine provinces therefore the second round of fresh elections was called again on April 29. However only one day before the second by-election the Administration Court on April 28 suspended all by-elections in those 14 constituencies and pending all deliberation of cases that may culminate in the nullification of the April 2 general election.
The EC appealed to the Supreme Administration Court and also submitted the case to the Constitutional Court for ruling.
Two parties dissolved
The EC on April 21 dissolved two small political parties for allegedly received financial support from a big party to field candidates in running the April 2 general election. One of them also bribed a poll official to manipulate the Election Commission’s database. The two parties were Pattana Chart Thai and Paendin Thai [Thai Ground].
The allegations were raised by Democrat secretary-general Suthep Thuagsuban.
Senate Election
April 19 nationwide senate election unofficial outcome named all 200 senator-to-be but the official results was not announced yet. It was reported that 28,203,528 people [62.69%] out of 44,988,188 eligible voters came out to cast their ballots. 1,984,154 or 7.19% of them voted for no one and 1,294,558 or 4.59% were invalids ballots.
The Bangkok provincial Election Committee accepted complaints against three senators-elect; Rosana Tositrakul, Klanarong Chantik and Nithiphum Nawarat but the decisions is not final until the findings forward to the EC for final ruling.
Mr. Nithiphum, who came first with 257,420 votes, is alleged of posting an introduction of himself on the website, selling and distributing cassette tapes and documents introducing himself and making a speech to attend voters on PAD stage. Mr.Kanarong, who came forth nationwide with 146,525 votes, is accused of posting an introduction of himself on a web site and Mrs.Rosana, number seventh nationwide of 118,332 votes, is alleged to have posted an introduction of herself on a web site and also of making a speech on the PAD stage to attract voters.
Mrs. Salakjit Tiyapairat , wife of caretaker Natural Resources and Environment Minister Yongyuth Tiyapairat, won in Chiang Rai with 125,767 votes and became number sixth nationwide. The senate election came shortly after the Chiang Rai election commission ruled her eligible to run in the April 19. On March 17 she was found guilty by the Chiang Rai Provincial Court over the case of false vote-buying charge against a competitor in a Provincial Administration Organization election in 2004. She lost her political rights for 10 years along with sentenced to imprisonment and fine, but the provincial election commission allowed her to run the senate election on ground that she is on bail and her case is on appealing therefore the lose of right to seek election is not yet confirmed until the case comes to an end.
Veteran politician Klaew died
Khon Kaen senator and veteran politician Klaew Norapati died on April 8 at his house in Bangkok at the age of 89. He was a long-time members of the House represented his hometown in 1952, 1957, 1958, 1969, 1975, 1976 and 1983. In 1996 he represented his province in the Constitution Drafting Assembly and later on 1996 he was elected as Khon Kaen senator. Mr.Klaew was recognized as a model politician who kept a clean sheet throughout his career and work life. He always eschewed money politics and despite his tiny election campaign budget spent, he managed to get re-elected. His last senatorial term, under the current constitution, started from 2000 to 2006 in which he was one of the few who spoke up against the senators’ proposed on salary increment.
During a Senator meeting on April 7, he passed out and was admitted to hospital. However, he succeeded in returned home and died at his flat in Don Muang the day after. Mr.Klaew was the second-oldest senator after Col Somkid Srisangkhom, an Udon Thani senator who was one month older.
Supreme Court rejected Chuwit’s appeal
The Supreme Court on April 10 rejected an appeal filed by Mr.Chuwit Kamolvisit against the EC’s decision to ban him from the April 19 Senate election. The court reject was based on the Constitutional Court’s ruling, on Jan 26, stripped Mr.Chuwit of his party list MP status for failure to meet the 90-day legal minimum requirement.
The Supreme Court said Mr.Chuwit was elected Chart Thai party-list MP on Feb 6 last year and thus his MP status started on the day he was elected until Jan 26 when his MP status was stripped by the Constitutional Court, therefore he was not qualified to run in the Senate poll scheduled for April 19. The law requires an eligible candidate to be free of any affiliation with a political party for at least one year. Earlier, the EC disqualified Mr.Chuwit on the grounds that he had relinquished his membership of the House of Representatives less than one year prior to the April 19 Senate Election.
3 More NCCC candidates chose
The 14-members NCCC selection panel named three more NCCC candidates on April 17, totaled 16 out of 18, leaving the final two to be named next month.
BMA e-auction
BMA governor Apirak Kosayodhin has set up a panel to investigate three mid-level officials who have been charged with serious disciplinary violations over alleged graft surrounding the e-auctions for 16-megaprojects worth more than 20 billion baht. The panel was given 180 days to charge the three officials, let them clarify the accusation and produce evidence and witnesses, to consider all testimony and evidence and submit the results and suggested penalties.
No political officials were nailed although former deputy city governor Samart Ratchapolsitte, who was in charged of the 16 projects, were earlier investigated along with Mr. Apirak and these three officials by the Department of Special Investigation [DSI], which forwarded the case to the National Counter Corruption Commission [NCCC] since the BMA had no authority to investigate political officials and it was the responsibility of the NCCC.
BMA fire truck purchase
BMA governor Apirak Kosayodhin would forward the findings on the city’s controversial 6.7-billion baht on purchasing of fire trucks and boats to the Interior Ministry and the Attorney-General’s office in order to decide on the cancellation of the deal.
Under the government-to-government agreement between Thailand and Austria, Austrian firm Steyr-Daimler-Puch Spezialfahrzeug was to supply 315 fire trucks and 30 boats to BMA while the firm, in return, would buy boiled chicken from Thailand. On January 2006 there was an allegation that the trucks were overpriced and made in Thailand and the boats were also built by a Thai firm, while the chicken never reached Austria. It was found out that the contract was signed without first being screened by the Attorney-General’s Office and the Austrian firm had been fully taken over by General Dynamics Cooperation of the United States before the contract was signed by then BMA governor Samak Sundaravej. The case was sent to the Department of Special Investigation [DSI].
Mr. Apirak appointed an inquiry panel, chaired by National Institute of Development Administration former rector Boonserm Veesakul and the results came out.
Another extension of emergency act
The caretaker cabinet on April 18 approved another three-month extension of the emergency rule in the three southern provinces. The Executive Decree on Public Administration in Emergency Situations will run in Yala, Pattani and Narathiwat until July 20. The decree, first implemented on July 17, 2005, empowered authorities to detain suspects for up to 30days without charge, make searches and arrests without warrants and tap phones. The measures also give security forces broad immunity from prosecution. The government cited the success in tackling southern violence that since the decree had been implemented authorities had arrested 454 suspects and taken 66 cases to court. However, there were opposed from human rights advocates and locals that local people were mistreated and the decree creates a climate of impunity.
Aids people’s basic rights
The National Human Rights Commission will proposed a bill to provide basic human rights protection to HIV/Aids people to ensure fairer treatment and better understanding to eradicate discrimination in various forms, including access to job opportunities and health care services.
Thailand now has no law to protect more than 500,000 people suffering from the disease which is transmitted mainly via sexual activity and drug use.
The proposed bill calls for a ban on compulsory HIV/Aids blood tests for job applicants and for keeping such test results confidential. It also proposed upgrading temples that provide medical treatment for HIV/Aids patients to secondary healthcare units. A cabinet resolution issued in 1992 by the Anand Panyarachun government prohibited companies from forcing job applicants to undergo blood tests to check for HIV/Aids. However, the resolution expired in 2001 and no new laws have been promulgated to protect the human rights of people living with the disease.
Upcoming environmental court
The Supreme Court plans to set up a special court in Bangkok to handle environmental cases as the number of related disputes continue to increase. The environmental division was created on October 2005 to cope with the rising environmental cases but the division could handle more than 100 cases while there are 10,000 cases waiting to be considered. The environmental court would have a full bench of 12 judges to ensure fairness to the damaged party.
From : http://www.fpps.or.th
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