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May 2006 : 3 Courts nullified April 2 polling EC ordered Oct 15 new polling date

The Constitutional Court, the Court of Justice and the Administrative Court agreed that the April 2 polling was unconstitutional and ordered the Election Commission to organize a new poll. The Supreme Court rejected the Senate Speaker’s request to fill up two vacant EC’s seats.

The selection panel for NCCC selected all 18 candidates to be submitted to the Senate and the EC endorsed 109 senators.

The Administration Court ruled iTV pay original concession fee.

Two female-teacher hostages in Narathiwat were beaten badly a few days after the regional army chief announced violence in the south has lessen.

ABAC poll revealed two big political parties popularity declined. Democrat secretary-general showed evidence in the small parties hiring case and the court agreed to rule on hop constituencies candidacy.

Former chairman of the State Audit Commission was sentenced to jail for malfeasance.

The Constitutional Court ruled demonstration-banned on highway unconstitutional while the Social Security Fund is going to cover 15.5 million “non-mainstream” workers and lastly, Gen.Chawalit resigned from poverty eradication policy director.

3 Courts nullified April 2 election

The Constitution Court on May 8 ruled the April 2 polling was unconstitutional and ordered a new general election.

The verdict was in respond to a complaint co-filed by Mr. Banjerd Singkaneti from Faculty of Law Thammasart University and Gen. Saiyut Kertpol chairperson of P-Net on 4 issues, 1.) the fairness of the 37 days polling period 2.) the polling booth positioning allowed others to observe voters’ action 3.) small political parties being hired to run in the election and 4.) the EC arriving at resolutions without having a quorum.

The judges voted 8-6 that the Election Commission (EC) had violated the constitution in organizing the April 2 elections and the voted 9-5 to nullify the poll and ordered a new general election. The general verdict with details will be later hand out.

After being heard of the Court’s ruling, PM Thaksin Shinawatra declined to make a remark on his decision whether to run in the Thai Rak Thai party list or to temporary terminate his premiership in the next TRT administration while the EC said it is now the duty of the administration to issue an election decree.

Later on May 9 presidents of the Constitutional Court, Administration Court and Supreme Court met to discuss on whether the courts’ responsibility finished or not after the Constitutional Court nullified the April 2 general election and ordered new poll and the meeting concluded that the three courts would help supervise the polls and work until the country had elected MPs and parliament opened.

The Central Administration Court on May 16 ruled that the Election Commission’s repositioning the polling booths for the April 2 general election violated voters’ right to secrecy, and invalidated the poll.

The case was brought to court by Phothipong Banluewong and 10 others against the EC for breaching article 104 of the constitution by positioning polling booths in a way that prevented voters from casting ballots in private.


New polling date on Oct 15

The cabinet agreed on the Election Commission’s proposed October 15 a new polling date and the draft gazette will be submitted for royal endorsement.

Previously the EC proposed October 22 for general election but that date is the Islam’s Hareerayo day therefore the election day is shifted to October 15.

Delayed polling will dismantle the 90-day rule that prohibit political party members to switch to another party but adverse impacts would be on the country’s economy since the 1.476-trillion-baht budget for the 2007 fiscal year would have to be postponed from October 2006 to January 2007, until the new House is convened.


Court rejected plea to nominate EC candidates

The Supreme Court on May 31 rejected the Senate Speaker Suchon Chaleekrau’s call for the court to name candidates to fill two vacancies on the Election Commission (EC) due to resignation of Gen. Charupat Ruangsuwan and death of Mr. Jaran Buranapansri.

Gen. Charupat Ruangsuwan tendered his resignation, dated May 15, to caretaker Senate Speaker on May 16. The two vacancies in the Election Commission raised the EC’s legitimate since the EC Act of 1998 stated at least four-fifths of the commissioners must be present at a meeting to make a quorum. However, EC secretariat Ekachai Varunprapa citing the constitution, pointed the three commissioners was enough since the constitution stated the quorum should comprises of four-fifth of the current members.


List of NCCC candidates finished

The selection panel added two last candidates to finished the 18 nominees to the National Counter Corruption Commission (NCCC). The list will be submitted to the Senate to finalize to 9.


EC endorsed 109 senator-to-be

The Election Commission on May 9 endorsed 109 candidates in April 19 senate election since there was no complaints involved.

Among the 91 who were still on the waiting list are those who showed up at PAD’s activities; BMA’s Nithiphum Nawarat, Klanarong Chantic, Rosana Tosiyatrakul and Boonrod Sukthinthai together with Apichart Dumdee who ran in Krabi. The investigation is completed but the four commissioners have not yet made final decision.

Court verdict on iTV deal

The Administrative Court on May 9 ruled in favor of the Prime Minister’s Office petition against the arbitrator committee order on iTV case.

The file was put to court by the PM’s Office against the arbitrators’ order on January 2004 that the PM’s Office should : 1.) give iTV compensation of 570 million baht 2.) reducing annual concession fee to 230 million baht annually from one billion baht and 3) allowing iTV to increase entertainment programs from 30% to50%.

The verdict stated that the arbitration committee had exceeded its authority in changing the details of the contract between the two parties and therefore the court was overturning that decision. However the verdict is not final since iTV can appeal to the Supreme Administration Court.

iTV was founded by 10 allies and later sold to Shin Corp. The company was recently re-sold to Singapore’s Temasek in the notorious Shin Corp’s selling.


Violence in the south lessen

Lt.Gen.Ongkorn Thongprasom commander of the 4th Army Region disclosed on May 17 that violence in the south in the beginning 6 months of 2006 has reduced to a certain degree due to officials of the Southern Border Provinces Peace-building Command (SBPPC) have accessibility to the terrorisms. Some offenders were arrested as well as material evidence seized.

Between October 1, 2005 to March 31, 2006 there were 924 attacks in the three southern provinces, Yala, Narathiwat and Pattani. 663 were severely and 261 were minor in which 297 lives were taken and 451 injured.

Compare to the 6 months period between April 1 to September 30 of 2005 the overall situations were improving since attacks were reduced from 974 to 924. Severly were reduced from 722 to 663, minor violence from 261 to 252 and death toll and injuries from 298 to 297 and 564 to 451 respectively.

In the first 6 months of 2005 there were 3,300 cases lawsuit among which 1,017 involved with securities. 88 offenders were arrested and 38 fled. Totaled cases in the three provinces between 2004-2005 were 6,321 and Narathiwat was the top most for two consecutive years. There were totaled 7,295 insurgencies in the three provinces from 2004 until now.

Lt. Gen. Ongkorn said the terrorists are trying to provoke insurgency in all means in order generate severely violence, threatening and causing fear among civilians; both Buddhists and Muslims, so they will not cooperate with official. Officials were tempting to violently react to those situations and information were distorted, rumors constantly spread out in order to raise religious conflict and separatism from local to international level.

Army chief Gen. Sonthi Boonyaratglin said he is planning, in cooperation with Malay security agency, to visit the 131 Thai-Muslims who seek refuge in Malaysia since September 2005. He hopes to find out their feeling and needs. Gen. Sonthi also made a remark on the security system of in the three provinces that SBPPC currently has officials at the district level to provide security for students and teachers.

Regards to many students in the three southern border provinces had left their public schools, Mr. Prasit Rasithanond chief inspector of Yala 12th education zone said it was nothing to do with the students and teachers safety because the students followed their parents who relocated somewhere else and some Muslims went to the private religious school or “ponoh”. The education ministry tried to solve this problem by bringing Islam study in the ordinary public schools curriculum and now there is more than 100 public schools teaching Islam study.

Education minister Chaturon Chaisaeng, in responded to HM the King advise on using remote teaching through satellite to solve lack of teachers in the remote area, said the ministry is now supporting the idea and in the future remote teaching will be expanded to comprise of information technology, teaching softwares, and internet which will be distributed to all schools nationwide.

Mr. Chaturon also remarked that inadequacy of teachers in the 3 southern border provinces is more severe than in other parts of the country due to there are now 1,600 teachers asking to move out. The ministry faced lack of budget but now 70 million baht has been allocated for hiring temporary teachers to fill up those vacant positions.

Deputy PM Chidchai Wannasathit after a meeting at the SBPPC’s headquater said the SBPPC will take active role in providing safety and there will be a monthly meeting with the teachers in the responsible area.


2 teachers taken hostages

On May 19 at 11 am. a troop of more than 100 military, policemen and administrative officials arrested 2 suspects, Abdulgarim Matae, 24 and Muhammad Sapae-ing Mueri, 28, from Gujingruepo village, Moo 4 of Tambon Chalerm, Ragnae District, Narathiwat Province, in connection with insurgent activities. Mr. Muhammad is a leader of the Runda Kumpulan Kecil (RKK) guerrilla warfare group, allegedly leading a number of ambushes on security forces in Rangae and Chanae districts. He was wanted fotr the murder of two marines at Lalo trains station in Rueso district while Mr. Abdulgarim, who was wanted under an arrest warrant from Narathiwat court, was found with a .45 pistol, believed to have belonged to Pol Sgt-Maj Thanet Julthep, who was shot dead in December, 2001 in Sungai Kolok district.

On 12.10 the same day at Gujingruepo village, two women teachers, Ms. Sirinat Thawornsuk and Ms. Juling Pongkanmul were taken hostages in a child development center near the mosque, 500 meter from the Gujingruepo school. Villagers used the school broadcasting in Yawi language demanded the release of two suspect militants.

After three hours the two teachers were rescued, one of them was in coma and another badly injured. Ms. Sirinat said Ms.Juling was brutally beaten with sticks by a gang of 4-5 masked men and the doctor found her suffered brain and body injury.

Mrs. Karima Masalae, 24, wife of Muhammad Sapae-ing Mueri was arrested on May 20 for allegedly inciting villagers to hold the teachers teachers hostage and assaulted them.

From May 22 one hundred schools in Narathiwat had closed demanding the offenders be arrested and security measures taken seriously. However, the schools resumed normal opening on May 29 after Army chief Gen. Sonthi Boonyaratklin assured the security force will arrive within 10 minutes after being summoned.

On May 28 Gen. Sonthi met with more than 400 school executives in Narathiwat province said urgent problems need to be solved are educational problems, insufficient of communication in Thai language, injustice and state officials. Students go to study in Malaysia, Indonesia or the Middle East came back with such a concept is a proof that our education can’t bring them back. There is now an idea of separatism and self-govern which has no more than 3,000 core people. They are trying to set up a group called R.K.K. in every village to attract the local people therefore we must not push the rest 99 percent to join them, he said.

Democrat leader Abhisit Vejjajiva urged the government to in reality evaluate the southern situations so real problems can be realized. He also said some cabinet members were too positive and the truth was not revealed in order to prevent local people’s despair.

The official source disclosed that there are currently women among the suspects due to more than 50 women whose husbands or relatives were arrested or secreted are persuaded to join the terrorists. They were trained in villages in Bannang Sta district of Yala, Rusae district and Sungai Padi district of Narathiwat to surveillance and arm-using or transport of explosive. These women were convinced that they could help their husbands or families in such a way.


Political parties’ popularity declined

The ABAC poll survey conducted on 1,629 sampled of 18+ year old citizen in Bangkok Metropolitan and vicinities on political incidents between May 15-16 revealed that both two big political parties’, Thai Rak Thai and Democrat, popularity were declining compared to surveyed on May 8. TRT reduced from 42.0 to 28.0 percent and Democrat from 16.5 to 10.3 percent.

On the issue of big political party hiring small parties to run the April 2 general election, 24.4 percent believed TRT was involved, 13.3 percent believed Democrat and 62.3 percent believed both parties were involved. 53.2 percent think the responsible party should be dissolved, 13.3 think no party should be dissolved and 33.5 percent gave no comment.

On the upcoming election, 28.0 will vote for TRT, 10.3 for Democrat, 1.1 other parties and 60.6 undecided. 40.5 percent think the resignation of the Election Commission will improve the overall political situation, 26.6 percent think there will be no effect and 32.9 no comment.


Investigation on small parties hiring

The outcome of the Election Commission sub-committee’s investigation on the big political party hiring small parties to run in the April 2 general election, chaired by former judge Nam Yimyaem, was submitted to EC chairman Pol. Gen.Wasana Permlarp on May 8 found the accusation was on ground and recommended criminal charges against TRT leader Thaksin Shinawatra on ground that the offence was meant to benefit the Party. Two TRT executives were implicated as the key players in the all edge. The allegation was filed by Democrat secretariat-general Suthep Thuagsuban.

Mr. Wasana wanted the sub-committee to further investigate for 7 days due to there are more issues and people uncovered. He also appointed a sub-committee to investigate on how the finding was leaked to media.

On May 29 the court called the first hearing on this case filed by Democrat secretary-general Suthep Thugsuban and Mr. Suthep presented photographs taken from a surveillance videotape at the door of defense minister Gen. Thammarak Isarangkul’s office. They showed close aides of Gen. Thammarak taking leader of the Pattana Chart Thai party to into the room. However, Gen Thammarak later denied himself not the man in the photo and he does not know the Pattana Chart Thai’s leader.


Lawsuit on hop constituency by-election

The Criminal Court on May 30 agreed to hear a lawsuit filed by Democrat deputy secretary-general Thaworn Sennium against four election commissioners for allowing failed candidates to hop constituencies for the by-election.


Former SAC chairman jailed

The Criminal Court on May 30 sentenced Panya Tantiyavarong, former chairman of the State Audit of Thailand (SAC), to three years in prison for malfeasance in the selection of the auditor-general five years ago.

The case was filed by Prathan Dabpet, one of the three auditor-general nominees whom Mr. Panya had proposed to the Senate on July 3,2006.

Mr. Panya had received the most SAC votes, but the senate later selected Khunying Jaruvan Maintaka, the runner-up candidate, as auditor-general.

Mr. Panya said in the lawsuit that the SAC regulations and the State Audit Act of 1999 require the SAC to nominate only one candidate- the one who received the most votes from commissioners- for the senate to endorse. Mr. Panya received five votes and Khunying Jaruvan received three from the eight commissioners.

However, Mr. Panya nominated three candidates- Mr. Prathan, Khunying Jaruvan and Mr. Nonthaphon Nimsomboon therefore he was found guilty. Mr. Panya was released on 150,000 baht bail during an appeal.


Highway law to be revised

The Constitution Court on May 23 voted 8-to-6 to reject the amendment to the highway law on article 46/1 banning demonstrations or assembly on the country’s highways due to it’s unconstitutional regards to article 29 and 44 of the constitution guaranteeing the freedom of peaceful and unarmed assembly.

The law will be returned to the upper house for revision.


Social security fund

The labour and public health ministries on May 25 agreed to extend the Social Security Fund to cover 15.5 million “non-mainstream” workers age 16-60 years old currently under the state’s 30-baht health care scheme. Non-mainstream workers including sex workers, massagers, taxi drivers etc and each of them will pay 1,200 baht annually and the state will add another 1,200 baht to the fund.


Poverty eradication policy

Gen. Chawalit Yongjaiyuth submitted his resignation, on May 1, from the position of head of the national poverty eradication program and director of the anti-poverty centre, citing the centre has already laid ground work and all involving agencies were truly understood on measures towards poverty eradication.

Gen. Chawalit was appointed to the position of president of the advisory board to the prime minister responsible on poverty eradication policy since December 7, 2005.

From : http://www.fpps.or.th