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NOTE: This is the first in a series of guest blogger posts that will appear on Bangkok Pundit over the coming weeks. By Ricefield Radio, Every time I hear this it raises, if you don't mind the pun, the proverbial red flag and makes me ask the question once more, "Who is actually running the country". Headlines point not to elected officials making decisions about the security of the country but those who have been appointed dictating the decisions to the elected. This is very troubling. If it's not troubling you, it should be. Of the English language press, The Bangkok Post leads it like this 'CRES decides to keep emergency rule'. The Nation, 'The Centre for Resolution of the Emergency Situation (CRES) resolved yesterday to retain the state of emergency' and MCOT with, 'CRES extends Emergency'. CRES orders arrests and detentions without warrant or charge, property seizures without warrant, financial assets freezes without warrant, the closing of websites, radio and TV stations without warrant, the list goes on and on. Just to make matters worse the emergency decree gives them all immunity from prosecution for almost anything they have, will or could do. Most times it looks like a witch hunt to crush any semblance of opposition or differing opinions. Deputy Prime Minister Suthep Thaugsuban, the CRES chairman, had to resign his post as an elected MP over accusations of illegal share holdings. So although he ís a cabinet minister he is not an elected MP but an appointee. Neither is the Army Chief or the Police Chief or the almost cult spokesman an elected official. There are however cabinet ministers on CRES, the Minister of Interior and Minister of Justice. Not forgetting to mention the Minister of Defence, who's also an appointee. The remainder are Permanent Secretaries, Commanders of the various armed forces and high-level bureaucrats none, of which are elected. Not a very well rounded group, more of an old boys club. In the end justice will be served in Thailand, maybe not this year or in five years but eventually. 1973 or 1992 may have been easily covered up, not any longer; this is the age of DNA testing, social networking and video phones. Eventually someone will be held accountable for the crackdowns and deaths in the summer of 2010. The weight of Thai public opinion will surface, just as it has in Argentina. Thirty-four years after the fact, in an Argentine courtroom a historic trial is unfolding. Former military ruler Jorge Videla, who had awarded himself immunity from prosecution, has just gone on trial for the murders of more than 30 political prisoners in 1976. A full pardon given to him in 1990 under an amnesty by the then president was recently overturned by the Supreme Court and he again is serving a life sentence for abuses committed during military rule. Perhaps Thailand can learn from the very brave decisions taken by Argentina's courts and overturn all these self given immunities from prosecution and amnesties by those who have used them to protect themselves under the guise of protecting the country. Then and only then will Thailand have a Democracy to be proud of. In the meantime, who the heck is running the country - elected representatives or appointees?
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After the last military coup the military set up various escape clauses to take over again without the need for a direct coup. Thailand is now being run by a group of fascists (there again so is the USA truth be told), what bothers me is that these same clowns that have failed in suppressing the insurgency in the South now seem to believe the same failed tactics will work in the North. Isn't that a definition of insanity? At any rate in the short term it does work until the suppressed quickly learn to work around things and get reorganized, however generally they come back with an insurgent's agenda. Can't see any good coming from all of this. The German military were always terrified quite rightly of a war on two fronts, Hitler didn't listen, seems the Thais don't study military history either.
Excellent piece RR. Having effective immunity from prosecution bestows power without responsibility which, according to Kipling has been "the prerogative of the harlot throughout the ages." I guess that makes them no more than a bunch of tarts politically speaking.
The people were appointed to do a job, and they are therefore entitled under their job description to take the actions they are taking. Do you think that evey time they need to make a decision, they should be holding a referendum, or maybe just going to ask permission from the PM...or maybe you would prefer they ask permission from your hero Taksin? As a long time resident of Thailand, I for one support our mlitary and our PM simply because the country needs stability - something that, from the tone of your article, and from the tone of the other comments you and your supporters appear to find distasteful - you prefer the anarchy and bloodshed caused by th red shirts themselves. If they had obeyed the many calls to relinquish the stranglehold on the centre of our city, and allow law abiding people to get back to their jobs and businesses, they would not have been on the deadly end of a gun - as many have pointed out before - try this stunt in the middle of New York, London, Sydney...see how far they get and how long they last before the military moves in and shifts them by force. CRES is doing the job it was appointed to do - the officials of the FBI are voted in are they? How about MI5 or MI6...or the Australian Federal Police...Army, Navy, what about the CIA...does every decision they make within their sphere of operations have to be individually passed by Obama? If you honestly think that elected (read: non-professional) officials must make all these decisions, or check them all, then what on earth is the point in appointing people to do the job in the first place - why dont we just have the PM, President, or leader of each country do it all? At least then your apparent call for an elected person to make all the decisions would be met...
Two things to note: - they are still within the bounds of Thailands constitution. They don't break it. - If they turn down emergency rule they would have to unfreeze the Red's money, don't they ?
RR: you're exactly right, and Bangkokian misses the point entirely. CRES is a creature of the emergency decree; it was established to administer the emergency decree. And somehow CRES has acquired the authority to extend the decree? Another troubling statement that keeps coming: the emergency decree must be extended "because the anti-government movement is still active." Not because there is evidence of impending violence, but simply because there is a political opposition. Isn't "an anti-government movement" a natural thing in a democracy? Is CRES going to continue self-authorizing itself as long as there is anyone opposed to the Democrat government? By next year, they will have convinced themselves that they can suspend elections indefinitely "because the anti-government movement is still active."
Bangkokian - Have you thought for a minute that if there was no Coup there would have never been any reds. It's a case of cause and effect. Labeling everyone that has a differing view than yours as a "Thakinista" is just exacerbating the problem. After all Thaksin and his party was elected by the majority something no other leader or party can claim in Thailand's history. Just for the record I married into a Military family so I've seen it from the inside, and it ain't pretty keeping track of who you owe and who owes you. "try this stunt in the middle of New York, London, Sydney..." they did it in the middle of Toronto, Canada a week ago and their was no a military person in sight. Lots of police and almost 1000 arrests no bullets used, not a single person was killed. It can be done. As for the CIA, FBI, MI5 the leader of the country is in direct charge of all operations and they are held to strict rules on what they can or cannot do in a situation. In the end the buck, and responsibility, stops on the desk of the countries leader, not an appointee. DC Not to mention the release or charging the hundreds of detainees, and they may have to start answering hard questions as they would not have a strangle hold on the Media any longer.
Bangkokian, there is a major difference you fail to point out. In the United States, the director of the CIA, FBI and Generals in the military all serve the President and can be replaced whenever the President chooses to do so. This is done without fear of any negative consequences. Can you imagine Abhisit dismissing Anupong or any other General? In Thailand the PM is serves the appointed.
Despite all its flaws and shortcomings, Argentina is still a land of culture. Thailand has a culture of ignorance and obscurantism. I like your optimism, RR, but I'm not sure I can share your views. I hope so much that facts will prove you right, and I'll be so happy to state that I was totally wrong.
The CRES should assume even more political power, but keep the Democrats on as window dressing. As long as they have that adorable Kai Ou as spokesman, no Bangkokian would mind relinquishing their rights to the military, which after all knows what is best for all of us.
The extension of emergency decree was reported throughout the whole world. It was reported in CNN, BBC and all other major news network. This extension shows us that this government only worry about their own backs instead of the country. This extension will cause shivers for the tourism sector. Tourists from oversea will pack their bags and head to another country. Thailand is finished.
I agree with RR about the worrying flavour of the rhetoric in the press. Over the past 10 days or so I have repeatedly read statements in the Thai English-language newspapers referring to CRES’s decision whether to ‘lift’ or maintain the prevailing SOE. EDs are, of course, not ‘lifted’. They just expire after three months. After that, they can be extended for another three months (ad infinitum), but the process of extension (Bangkokian, please note) is the same as that required for the initial declaration – the decision is made by the PM and must be approved by Cabinet, if not immediately, then within three days of the PM’s decision. I am never quite sure whether the apparently misleading statements in the Bangkok Post and The Nation arise because of ignorance or due to errors in translation, but I have noticed that in the most recent few days the language does seem to have been tidied up, and there have been increasing references to ‘extensions’ of the SOEs and to CRES making proposals to the Government. I all also share BKKl’s concern about potential use of the ED to suppress any form of political opposition. Yesterday in the Bangkok Post a Government spokesman was reported as saying about the decision not to extend the SOE in five provinces,”…. the decree could be reinstated if the red shirts renewed their anti-government activities." (http://www.bangkokpost.com/breakingnews/185165/emergency-decree-lifted-in-5-provinces) Even if they held peaceful rallies? Any threat to curtail peaceful opposition to a government by use of the ED would clearly be in breach of Article 19 of the International Covenant on Civil and Political Rights to which Thailand is a signatory.
This is the reason no one's pushing any kind of real reconciliation. With genuine reconciliation there'd be no excuse for emergency rule. Better to keep labeling anyone who disagrees with you a terrorist. Better to keep the opposition angry and excluded from the political process. At least if you want military rule.
I agree with CRES groupie The Red shirts must have been out of their tiny minds asking for early elections. they should have known they would be shot. Anti- government protesters in Thailand are always shot. You only have to look back at the last forty years or so. The only ones that were not shot was the PAD and that is because they are a special case, they are on the 'right' side.
Wait a minute here. The CRES 'recommended' the government extend the Emergency Decree in ALL the provinces because there was reason to believe that Reds might agitate for another big mass demonstration with unpredictable consequences. The CABINET decides to extend the ED in all BUT FIVE provinces because it was not necessary in those provinces. This is for security reason, and you can't dismiss this lightly after what happened. The Reds even don't acknowledge that they're responsible for the mayhem and arson. Shame on them. And you've got MPs and elected people saying things everywhere. If this is dictatorship, what was the debate in Parliament about then. So, what's your point except to rant against a government you don't like and a class of people you despise ?
CRES was originally known Capothai from the earlier days of red demonstration, it's not an Emergency Degree child. It's up to security agencies to assess the threat level and propose responses, then the civilian Cabinet makes a decision, what's wrong with that? Why should the government take people without any personal responsibility at their word? Anyone can proclaim that there's no danger anymore but what is the worth of these proclamations? Can they stop planning and executing more bomb attacks or assassination attempts? CRES thinks that emergency degree can, some anonymous Joe on the internet thinks it can't. Who should the govt listen to? BBC? Journalists? Any of them predicted the bombing of BJT headquarters?
I'm was holding back making any more comments but... Damn Stan, you are a bright guy but "The bombing of BJT headquarters" even someone less skilled in the thinking arts can figure out that 5 pounds of TNT in a food cart with a guy sitting on it next to a Mazda would do some damage to all three. Didn't happened. The guy was not hurt and the car was not damaged, not even a broken piece of glass, only the cart and fruit. The kill radius from an explosion of 5 pounds of TNT, the DNS claim, is a minimum of 15 meters. The car would have been severely damaged or destroyed and the cart driver would have been killed or died of internal injuries likely at the scene. Sometimes the facts in Thailand get in the way of a good story, I think you swallowed the hook on this one.
StanG: CAPOThai still exists. See www.capothai.org. CRES first appeared when the emergency decree was enacted in early April. It does not seem to have replaced CAPO. Since you seem to be knowledgeable on these organizations, maybe you can tell us what type of entity/entities they are? Are they actual government bodies, or just informal groups of appointees? If they are actual bodies, what ministry do they report to?
The Nation wrote, several times, that the guy who pushed the fruit cart was seriously injured and that he changed the original location to the side soi where there were no targets. If you so insist, it was a "botched bombing of BJT headquarters", though I can't see how its failure to detonate properly and destroy what it meant to destroy could affect CRES estimate of the threat level. Even if a kill zone radius was only ten meters - detonating a bomb like that in a city is still nothing but an act of terrorism. It's not unusual for red supporters to downplay these things, though, like implying that it wasn't really a bombing.
BKK lawyer : Both CAPO and CRES are adhoc committees sanctioned respectively by the ISOC Law BE 2551 (Section 10) and the Emergency Decree BE 2548 (Section 6). The texts are somewhere on the interweb; these ad hoc committees have specific duties and responsibilities. Both have either PM or DPM as Chairman, and the members comprise roughly the same composition of ministers and senior civil servants. Report to whom ? The government. Since ED has been declared, the CRES conducts all management of the Emergency Situation. But for RR on the BJT bombing : who am I, a rational citizen, supposed to believe ? A blogger whom may or may not have seen the scene of the crime, who may or may not have the relevant expertise in forensic science, OR a qualified expert ? Maybe you're right but unless I have reason to believe otherwise, the threat of underground violence is very real, since everyone says the Reds emotions are still very raw.
BKK lawyer : Sorry to keep going on, RR can complain about the extension of the ED, but don't blame 'the CRES' for having the ultimate decision. The Cabinet (PM + ministers) approves an extension of the ED. See the South, where the Cabinet has to renew it every three months. If you look at the news, the CRES recommended retaining the ED in ALL areas previously declared, but the Cabinet on Tuesday decided to lift the ED in five provinces. Blame instead the Thai press for not being very accurate in their reporting. All the relevant laws are online, look at krisdika website or something.
StanG - It's not unusual for red supporters to downplay these things, though, like implying that it wasn't really a bombing. AND. It's not unusual for Government agencies to play up these things, like implying that it was really a bombing. Maybe the truth, if it was known, is in the middle and both sides are spinning it. So far the reds have only shown the capability of making Isan rockets and ping pong bombs, but I'll give you things may change at any time on that. I really find it far fetched to think the Reds bombed the transmission towers with C4, a military munition, and only blew out one of four legs. Or with great stealth and planning managed to blow a hole in the only empty oil tank in a tank farm, also with a military munition. If you seriously ask yourself who would benefit from the timing of these type of incidents, you won't come up with the Reds I'm afraid.
BkkLawyer, CAPO was formed back in March to deal with red rallies and it was called a Center for Administration of Peace and Order, which was later renamed into CRES, Center for Resolution of Emergency Situation. They didn't discontinue their original website, so what?
Ricefield Radio, How can anyone seriously entertain possibilities that it wasn't a bomb that blew up at BJT, or that the arrested people were secret government spies posing as red shirts for years, or that the government itself sends agents to fire RPGs at fuel tanks, or that reds don't have any access to military munitions. Ok, maybe it wasn't reds who attacked the fuel depo, does it make the possible explosion any less dangerous? Personally, I don't pay much attention to the "truth is somewhere in the middle" argument either. These days people make so many far out claims that the middle ground must be somewhere near Mars.
StanG: wrong again. CAPO was formed in 2009, not in March 2010. And it's not that they haven't "discontinued their website"; CAPO itself is still active. pip07200: thanks for the thorough information. StanG: go read pip07200's comments.
I may be wrong, but perhaps part of the explanation for the (what would be justified) outrage is that MCOT, Bangkok Post, and The Nation are guilty of sloppy reporting? I thought CRES voted to recommend the decree retained everywhere (everywhere it was already in effect). Which, to be fair, they need to make a comment on, as it is their job to assess how much there is an "emergency". Whether they were right or wrong in the recommendation, they had to make a recommendation. Then the Cabinet accepted the recommendation as a recommendation; but Cabinet voted in favour of rejecting the extension in all 23 provinces (SOE was "only" retained or re-enacted in 19). For example, Abhisit (and Korn?) apparently spoke in some disagreement with the recommendation of CRES. Presumably Suthep did not. And so on. The Cabinet vote was the decision. (The Cabinet vote was not, in fact, the same vote, or even the same result, as the CRES vote.) Then SOE was extended or re-enacted, however you want to put it. I am not convinced CRES "decided" this, so much as Thai English-language media reported it poorly? Does anyone else have thoughts on that? Any sources of info?
"These days people make so many far out claims that the middle ground must be somewhere near Mars" Oh, the irony.....
Bkk Lawyer, Domain name "capothai.org" was registered on March 13, 2010. Use any of the "whois" service providers if you want to check. Here is govt news release: http://thainews.prd.go.th/en/news.php?id=255303140032 "The center is located in the 11th Infantry Regiment compound on Phahon Yothin Road in the capital city of Bangkok." I don't know whether it's the same body, continuously operating since its previous incarnation in the run up to last year rally that was eventually called off. I doubt that. Here's Thai Political Prisoners take on that http://thaipoliticalprisoners.wordpress.com/2010/04/05/what-is-capo/
@StanG Who predicted the BJT bomb? I would say about 2/3rds of Thailand. I will make another prediction right here and now - in the days leading up to the October SOE expiration I expect a few more "unexplained bombs" etc etc. Followed, surprise surprise, by another SOE extension. Another thing - you talk about the Thai govt as though they are some democratically elected, legal entity who act according to the normally accepted international rule of law. They ain't and they don't. So please, spare us all your disingenuous attempts at moralising. This unelected, illegitimate govt used snipers against its own civilian population. Anyone who defends that has no basis to moralise about anything.
Any repressive government action has to be commensurate with the aims and the real threats (use Kant's categorical imperative or other), and it has to be effective to reach the purported goals. A minor bomb in six weeks does not justify keeping an SOE over most of the country including abrogation of constitutional rights of citizens and government impunity, let alone for three months. As for effectiveness, five (six?) years of SOE in the deep South have seen 4000 heinous murders but not a single legal arrest or conviction, only the unlawful detention and torture of countless people (and partly based on GT200 explosive detection). Keeping the SOE for three months is therefore ludicrous and the goverment must have other aims than it purports, possibly setting up a permanent SOE to avoid elections.
Ben - Section 5: .....At the end of the emergency situation or upon the disapproval of the Council of Ministers or upon the lapse of the period under paragraph two, the Prime Minister shall declare the annulment of such emergency situation. Section 6: ..... The provisions of this section shall not prejudice the exercise powers of the Prime Minister under Section 19: The Prime Minister shall have charge and control of the execution of this Emergency Decree. The emergency Decree clearly stipulates the PM has full control of it's implementation and ending. This is not the case he was "allowed" to lift it in some areas only. It appears that Suthep, an appointee, actually has more control than the PM over the SOE. Remember the PM wanted top relieve Suthep of his position before the crackdown and it didn't happen. So I'll ask again, "Who is actually running the country". Full Text of The Emergency Decree on Public Administration in Emergency Situation, B.E. 2548 http://en.wikisource.org/wiki/2005_Thai_Emergency_Situation_Law
Ricefield Radio - Good point & good question! Thank you for the info. Very useful. Very good stuff. Very good question. (Also, thank you for the blog above.) Would be useful to know why Cabinet approved/voted at all. Apparently it's not required. Unless PM prefers to be with the Cabinet, not make the decision himself? If so, why? Is that usual? Is it only in this case? Why? Involving Cabinet is in itself nice... but nice isn't everything (!!). P.S. Still not convinced CRES `decided' to retain SOE, though. Seems a bit inaccurate and a bit too easy. But the question, `Who is actually running the country?' is very important. Would rather not distract the answer with saying CRES `decided'. There seem to be good questions to ask beyond that, also! (Like you have done - thank you.)
By the way, Ricefield Radio, there is something else that I think you've (indirectly) pointed out which is very important. The language choice of Bangkok Post, MCOT, and The Nation reflects the fact that there are people to whom the notion that "CRES decides", does not register or matter. If you tell me "CRES decides to keep SOE", I immediately say, "What?!" My warning bells go off. I know this should be wrong. I know it should never be worded that way. Apparently, the immediate repugnance that CRES may have "decided" did not occur to (at least) three journalists. For all they cared, CRES did decide. That's what they wrote in the blandest, least concerned, least worried prose. Of course, the actual political procedure was different (as pip07200 points out). But these journalists - and presumably many readers - did not care. That's certainly worth noting. It's a bit alarming. It took me a while to see this significance. Kudos for pointing us all in that direction, RR. P.S. None of this negates any other concerns.
This may be of interest to all. The latest letter from Human Rights Watch to the PM. In it there are scathing comments about the SOE and the risk of abuses under it. "Human Rights Watch notes that the category of people subjected to questioning, arrest, and detention by the government's Center for the Resolution of Emergency Situations (CRES) has apparently been expanded beyond leaders and members of the UDD who directly took part in the protests and may have been involved in violence, and now includes those accused of sympathizing with or supporting the UDD. Hundreds of politicians, former government officials, businessmen, activists, academics, and community radio operators have been summoned to report to the CRES. Some persons, such as university professor Suthachai Yimprasert, were immediately detained without charge after reporting to the CRES. We have also received disturbing reports that journalists, photographers, and medical volunteers have been ordered to report to the CRES after they publicly stated that they witnessed abuses committed by the security forces." "On April 22, the CRES ordered the use of military camps in Prachinburi (Jakrapong Camp and Promyothi Camp) and Kanchanaburi (Surasri Camp) provinces to detain protesters. Human Rights Watch has learned that since at least May 12, the CRES ordered use of additional military camps in Saraburi (Adisorn Camp), Ratchaburi (Panurangsi Camp), and Chantaburi (Panasbodisriuthai Camp) provinces, as well as Border Patrol Police facilities in Prachinburi (Naresuarn Camp) and Pathumthani (1st Region Border Patrol Police Command) provinces, to detain those accused of violating the provisions of the Emergency Decree. Neither military camps nor border patrol facilities are official places of detention under Thai law. It's quite long so get a coffee and wade on in. They do raise some very valid points. http://www.hrw.org/node/91573
On the other hand reds have already announced new round of demonstrations, outside of SOE areas. Oh yes, the CRES and the government must believe it will be entirely peaceful and there's absolutely no prospect of any danger in reviving the red movement. Yeah, right. Fool me once, fool me twice...
HRW has been dealing with the SBPs for quite some time, so one would expect them to be familiar with how the ED is implemented. Correct me if I'm wrong. The ED stipulates that those invited for interview / detention are NOT to be treated as criminal suspects, so they can NOT be held in a prison or a police station. Hence you get the pix of the Red Shirt leaders in those 'homestay' facilities in Naresuan camp + lots of 'mae yok' visitors. Still, use of ED should be limited as possible, just to avoid these risk of abuse criticisms.
Stan - The UDD has announced a number of concerts involving the artists from the Bangkok Stage. Protests were never mentioned. In fact they have said it's to bring in donations. UDD concerts that were held prior to the Bangkok protests were entirely peaceful with numbers ranging from 30,000 to 60,000. This was not reported in the Thai media. pip - You are correct on that but "In proceeding under paragraph one, the competent officials shall file a report on the arrest and detention of such suspected persons for submission to the court issuing the order under paragraph one. A copy of such report shall be deposited at the office of the competent official so that relatives of the suspected persons may access such reports for the entire duration of such detention." which has not happened in all cases. So why would they bother with other stipulations. After all they have immunity to prosecution. |
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