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July 2006 : October 15: Polling Date
His Majesty the King endorsed a royal decree setting the general election date for October 15.
The Criminal Court sentenced the three election commissioners to imprisonment and barred them from political activities while the Constitution Court voted unanimously accepted cases against political parties which could lead to their dissolutions.
The Election Commission endorsed more 27 senator candidates.
The state of emergency in the three southern provinces was extended for another 90 days.
DSI found 7 state officials had been implicated in the Bangkok Metropolitan Authority 6.7 billion baht fire trucks and boats procurement.
Ministries of Commerce, Finance and ICT confirmed legitimacy selling of Shin Corp and BMA will first use e-auction in October.
King endorsed decree for poll
His Majesty the King endorsed a royal decree setting the general election date for October 15 while also attaching a letter calling for fair and orderly polls. The decree, published in the Royal Gazette, will take effect on August 24, allowing fresh elections to take place within 60 days of the royal decree coming into force.
EC ruled guilty
The Criminal Court on July 25 sentenced the three election commissioners, Wasana Permlarp, Prinya Nakchudtree and Veerachai Naewboonnien, to four years’ imprisonment and barred them from political activities for 10 years for malfeasance in organizing re-elections on April 23.
The court cited violations of sections 24 and 42 of the 1998 organic law regarding the election Commission (EC) and section 83 of the penal code.
The EC organized re-elections in 38 constituencies in 15 provinces where un-challenged Thai Rak Thai candidates failed to gain the minimum 20% of the votes.
In the verdict, the Criminal Court said Thailand was governed by a constitutional monarchy where elections were valued as “a tool for people to change their government peacefully” and for qualified individuals to enter the political system.
In such a democratic system, it was “most important that the people have rights, freedoms and equality”.
“To guarantee such rights, elections must be clean, fair, equal, open and free,” the verdict said.
Hence the 1997 constitution provided for an EC made up of people who were politically neutral, and known for their integrity, to organize elections and referendums at the national and local levels, it said.
With such important duties, commissioners were subjected to scrutiny and since the election commissioners have been found to have organized elections that were not honest and fair, or in line with the democratic system, and have committed malfeasance in their duties, damages was done to the plaintiff’s rights especially his election rights.
The case was filed by Tavorn Senniam on April 18 against four election commissioners but the case against Gen.Charupat Ruengsuwan was dropped when he resigned from the position.
After hearing the sentence, the three commissioners asked for bail but the Criminal Court and Appeal Court denied on ground of a possibility that the three commissioners would mishandle the election again if they returned to work while the case was pending in the Appeal Court. The three convicted commissioners were then led to the Bangkok Special Prison where they spent a night there while requesting bails from the Supreme Court.
The Council of State also confirmed that the three had lost their legitimacy as EC members but they, on July 26, signed their registration letters and submitted together with their request for bails to the Supreme Court who after a long meeting of 5 hours rejected their bail applications citing the trio had committed a serious crime detrimental to the constitutional monarchy and caused a rift in the country. The Supreme Court also said it believed their release could cause further damage and obstruct legal proceeding against them.
However, on July 28 after resubmitted the bail applications on ground of health problems the three former commissioners successfully regain their freedom. The Criminal Court granted bail on conditions that they will stay away from EC activities, not engaging in activities that could lead to divisiveness and create danger for people in the country, give no press interview and will not let their supporters disgrace the court.
On July 25 after the court verdict was released, a group of people including Chart Thai deputer leader Chuwit Komolvisit and Thai Rak Thai’s lawyer Tana Benjathikul had caused trouble at the court and the 18 people are now summoned for questions of their reactions that deemed to be in contempt of court.
The Supreme Court is now in process to select 10 EC’s candidates to be finalize to 5 by the Senate.
Cases against 5 parties
The Constitutional Court voted unanimously accepted cases against the two major political parties; Thai Rak Thai and Democrat, and three small parties which coulfd lead to their dissolutions.
Previuosly, the Court voted judge Ura Wang-Orm-Klang to become president of the Constitution Court.
More senator-to-be endorsed
The Election Commission on July 18 and 25 endorsed 10 and 17 senator candidates and pronounced August 20 senate polling for Kalasin and Amnartchareon provinces.
Regards the EC is now vacant and the new commissioners might not be appointed in time to supervise the election, whether the poll will take place or not is a question. The Office of the EC’s department of law and cases confirmed that the senate election could not be organized since the former three ECs left office without appointing the polling staffs and finishing the poll list therefore the senate by-election has to be postpone until new election commissioners were selected.
Emergency decree extended
The cabinet agreed to extend the state of emergency in the three southern provinces, Yala, Pattani and Narathiwat, for another 90 days.
During the past emergency period 604 suspectants were brought for investigations, 402 were found guilty and 122 are waiting for proof. Violence was reduced from target 500 to 100 incidences per month. Despite of the effectiveness of the decree the insurgents had modified their strategy and the core leaders are still active in the area.
Intelligence sources disclosed that the first 30 female insurgents have finished their training in guerrilla tactics and have been active in the three southernmost provinces since June. These women radicals were now playing a pivotal role in the insurgency and carrying out assassinations. Their activities included stirring up the public against the authorities and working to garner support from locals. The source said insurgent leaders target women aged 22 to 28 who are related to those arrested or killed by security forces as potential new recruits.
There are now up to 6,000 of a new breed of insurgents, both men and women. An intelligence report has also warned that another wave of coordinated attacks against state authorities and civilians was planned in lower Songkhla. The Barisan Revolusi Nasional (BRN), under the control of Masae Useng, was suspected of planning the attacks. Masae Useng has a five-million-baht bounty on his head.
Violence in the South is still ongoing with death and casualties everyday despite of the National Reconciliation Committee (NRC) proposal to solve the problems.
BMA fire trucks buying froze
Department of Special Investigation (DSI) found 7 state officials had been implicated in the Bangkok Metropolitan Authority 6.7 billion baht fire trucks and boats procurement and will forward its finding to the National Counter Corruption Commission for further action. Those names were not disclosed yet.
Previously Bangkok Metropolitan Administration (BMA) on July 3 suspended the hand-over of 315 fire trucks and boats by an Austrian supplier, Styer, pending discussions with the Interior Ministry on the possibility of scrapping the controversial deal.
BMA governor Abirak Kosayodhin said that the decision was in line with a suggestion by the contract management committee head by deputy governor Vallop Suwandee. He also said it was best to suspend the hand-over as the department of Special Investigation (DSI) was looking into alleged irregularities blamed for the unrealistically high price of the trucks and boats. After concluded the investigation, DSI will forward its findings to the National Counter Corruption Commission (NCCC).
BMA former governor Samak Sundaravej signed a contract, in August 2004, just befor his term expired, to buy the fire trucks and boats from Steyr, in barter-trade deal for Thai boil chicken. The deal involved the Commercial Ministry and the Interior Ministry who agree to subsidies 60 % of the project. The current city administration was not the original party of the contract found out that the deal is overpriced have opened a letter of credit for the purchase without clarifying the tax payment, as well as paying the import tax once the trucks and boats arrived in Bangkok.
Shin Corp sell legitimate
The Ministries of Commerce, Finance and Information Communication and Technology (ICT) confirmed to the National Telecommunication Commission (NTC) that the selling of Shin Corp to Temasek is legitimate.
The NTC disclosed that Commerce Ministry confirmed proportion of stocks between Thai and Foreigners is 54.76% to 45.24% while ICT Ministry said Shin Corp does not holds more than 40% in the Satellite Plc so it does not violate the concession regulation and Finance Ministry confirmed that no law can be applied to the change of major shareholder.
However, the Department of Business Commerce has not yet answers the question of shareholders changing.
BMA’s e-auction starts in October
Bangkok Metropolitan Authority will launch electronic auction (e-auction) procurement this October after its regulations has been amended for four times.
E-auction principally should provide for fair and transparent procurement due to suppliers could make a complaint to the committee during the processes of 1.) drafting of term of reference: within 3 days, 2.) announcement of the legitimate auctioneer: 3-30 days, and 3.) announcement of the selected supplier: within 3 days. However, there shall be a controlling committee whose authority is a final say in every complaint.
16 infrastructure projects worth 21 billion baht will be first used with e-auction procurement. These projects were previously suspended by BMA governor Apirak Kosayodhin after the DSI investigation found irregularities.
From : http://www.fpps.or.th
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