Lawyers council opposes Nitirat group

Published: 27/09/2011 at 02:33 PM
Online news:

The Lawyers Council of Thailand on Tuesday issued a statement opposing the Nitirat group of law academics' call for nullification of all judicial decisions that were a consequence of the Sept 19, 2006 coup, saying that their proposal only caused confusion about the constitutional monarchy.

The statement was read out at a press conference by Sak Korsaengruang, president of the Lawyers Council of Thailand.

It said the Lawyers Council of Thailand opposes the overthrow of any government by a coup. At the same time the council disagrees with the absolute control of state power that results in a parliamentary dictatorship.

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crunchy
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Discussion 18 : 28/09/2011 at 08:38 AM18
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Sorry.. its Constitution 1997 and not 2007
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bkposter
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Discussion 17 : 28/09/2011 at 08:34 AM17
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What you see here is a system that developed whereas both sides are unwilling to admit to injustices.
The Army Coup was in injustice, and the changing of the constitution by a group handpicked by the military and not elected by the populace was also not quite fair...These injustices were committed for the stated reasons of reciting previous injustices by former office holders and courts.They claimed that the entire system was so corrupt that they had no choice. The argue that the government in power controlled the courts and thus no legal action could successful.

It is also argued that corruption is not the real reason for the coup, but control of all government was. And that the courts could not have a trial where no cases were filed. This argument is that if the evidence of corruption were so obvious then why were no charges filed? and even after the coup why so few cases were brought and on such ambiguous evidence and if so many people were involved in massive corruption why was only one person targeted. why are all the other people that have alleged to have been evolved in this uncontrolled and massive corruption never been charged? The charges solely against one man appear to have the singular goal in mind of removing him from the ballot as these people realized that he had become politically un-defeatable and they would stand little chance of ever getting re control of the government as long as this one man was in the way.

In my opinion both sides have legitimate arguments.

And, In the end it does not matter who is actually right or wrong, it only matters who controls the courts to justify their preconceived verdicts, this part is a given regardless of which side it is.

Therein lies the problem and in my opinion one of the greatest obstacle for true justice in Thailand no matter which side you are on. The courts are not independent or insulated from political fallout and thus all of their decisions have at least the appearance of impropriety and political influence.
Contributing to this,Thailand seems to have so many laws that are always full of loopholes and unclear wording that is very open to interpretation...and thus flexibility of application. both of the big political parties have used this to their advantage to get the desired results.
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crunchy
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Discussion 16 : 28/09/2011 at 07:35 AM16
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.."The Assets Scrutiny Committee (ASC) was set up after the Sept 19, 2006 coup as a mechanism to examine corruption through the Supreme Court's Criminal Division for Holders of Political Positions which was established under the previous constitution"..

So this clearly states that Constitution 2007 was used to convict Mr. Thaksin (and not the recent/ revised constitution during interim government just to make it more strict)..

Nitirat Group claims to Nullification of past judicial decision means there is no law exists in Thailand.
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franklin
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Discussion 15 : 28/09/2011 at 06:18 AM15
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For him or against him, there is no denying that Thaksin and his actions both while in office and on-the-run has caused as much if not more division among the Thai population as cohesion. I fail to see how his return will suddenly be accepted by those who are against him but quite likely will have the opposite effect. Now legal schools-of-thought are divided. It seems as though Thaksins possible return will be a happy occasion for some and ‘shoved down the throats’ of others. Is this Thai-style ‘middle- path’ journey and reconciliation? Or is this the ultimate Thai mega project? I get no sense of a bright political future for Thailand.
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bula
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Discussion 14 : 27/09/2011 at 06:54 PM14
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Khun anoldman #7
Accept your broad definition. Is that definition yours or the council's. Is it a political statement or definition of the constitution or judicial definition? When is it considered as a dominating party abused their rights? My opinion is that the electorate should decide when and how a party has abused their parliamentary right and privilege. It is strange that despite the accusation of 'parliamentary dictatorship' TRT/PPP/PTP kept winning elections.
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bula
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Discussion 13 : 27/09/2011 at 06:20 PM13
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Khun bluebkk #10
No kidding! The UDD/RS and PTP supported the decision of the electorate that they want reconciliation. It is clearly mentioned during the election campaign. It is about reconciliation and harmony for the Kingdom, not whitewashing anyone.
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bluebkk
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Discussion 12 : 27/09/2011 at 04:39 PM12
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Spot on discussion 11, if this ridiculous idea came out of the red villages we would understand but from " a group of academics" ???? How low can we go, how deep can we sink??
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whatajoke
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Discussion 11 : 27/09/2011 at 04:18 PM11
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That a group of lawyers (the Nitirat Group) should come up with such a ridiculous and unworkable, not to mention constitutionally unethical, solution, is quite depressing. It reveals what's so wrong about Thailand and it's law enforcement, when lawyers believe verdicts should be annulled en-mass in these circumstances, supposedly to remedy the country, but clearly to support one person in particular. And they have the cheek to pose as academics, I wonder how much they were 'paid' to say this.
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bluebkk
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Discussion 10 : 27/09/2011 at 04:11 PM10
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Discussion 3; UDD/RS bringing harmony to the Kingdom?? You must be kidding, right????
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ianprince
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Discussion 9 : 27/09/2011 at 04:01 PM9
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It is about time. Let's have another coup to floor SET. I am still waiting to buy my share of RMF/LTF.
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Lawyers council opposes Nitirat group | Bangkok Post: breakingnews