OPINION

Unreasonable penalty

Re: "Death penalty 'too harsh' for political-post buying", (BP, Nov 18).

The proposal by the Constitution Drafting Committee (CDC) to impose a maximum penalty of death against politicians involved in selling and buying political positions, is ill considered and an outrage to international law.

While the ultimate aim of the treaties in international law ratified by Thailand, including the International Convention on Civil and Political Rights, is the abolition of the death penalty, its application is currently restricted to the crime of intentional homicide. The CDC appears totally unaware of the implications of international law, and considers the death penalty as a game counter which may be cast for whatever reason.

The death penalty for a crime less severe than intentional homicide is offensive to our international obligations. Besides, the death penalty is not effective in controlling crime. Most importantly, it offends the Universal Declaration of Human Rights which lays the standard for democratic justice in our modern world: "Everyone has the right to life, liberty and security of person".

The facile attempt to invoke the death penalty is a symptom of the decay of the Thai justice system where the submission of civilians to military courts, and invocations of the notorious Section 44 have established an abuse of democratic principle.

Even the opposition of Mr Peerasak Porjit, a National Legislative Assembly deputy chairman, against the proposal is poorly founded on the basis that the "death penalty has been abolished in several countries". This is a massive understatement of the status of worldwide opposition to capital punishment. The death penalty is being rejected as an abuse of the most basic human right, and, also, for its failure as a legal sanction.

There are no short cuts to a working democracy. Corruption must be ended by education and participation of people in the function of a government.

Re: "Rocker Sek Loso gets suspended jail term for assault", (BP, Nov 17).

This man and his accomplice assaulted someone so badly that the victim was hospitalised with a broken jaw. The assailants should both be in jail and you can bet if they were ordinary people without connections and without some supposed celebrity status they would be. Get rid of all of the irrelevant nonsense that the victim supposedly defamed the prime assailant, or that the victim was not a woman.

This is just one of a long list of instances of the connected, the influential, and the famous escaping justice. Hopefully, social media will condemn him and his accomplice because the justice system effectively condones their behaviour.

The risk of using mobile phones while driving has been very prominent in the world media recently. Although it has become a common sight on the streets of Bangkok, Thai drivers are by no means alone in demonstrating this dangerous behaviour.

An HGV (Heavy Goods Vehicle) driver was recently convicted of causing a tragic quadruple fatality in the UK while using a phone at the wheel. His punishment will not only hit him financially (wreck his future employment prospects as a professional driver) but also deny his personal freedom for many years. There is no excuse!

Two points are worth mentioning. First, the use of video technology in commercial vehicles ensured the driver's swift conviction without a protracted court case and futile denials. Second, insurance companies are now permanently denying drivers insurance if they have a previous conviction for this offence.

I would like to see the Royal Thai Police exercise their authority and enforce the law more rigorously, and send a message that using a mobile phone while driving is socially unacceptable. Insurance companies should also "get tough". After all, apart from the needless loss of life, it's the responsible drivers who pay for the serious mistakes of others in the form of higher premiums.

Re: "Death penalty 'too harsh' for political-post buying", (BP, Nov 18).

My initial reaction was: What a great idea! You'd imagine it would reduce corruption at a stroke. But sadly I can see it now: A person overseeing it could well become "unusually wealthy". Or even the method of administering the death penalty -- varying on a sliding scale from either a single gun shot to dying of old age, might well depend on the level of the donation offered.

The possibilities are endless!

Re: "Getting over Nott" (PostBag, Nov 18).

I couldn't help wonder whether Somsak Pola was being sarcastic or not when he states in his letter that the public has already forgiven and forgotten "Nott", the so-called celebrity, for his vicious attack on a motorcyclist (which is far from being a tantrum as Khun Somsak chose to call it) and adds the matter was buried some time ago.

Assuming Khun Somsak is serious, and the assault was not a joking matter, his attitude is typical in Thailand: When a well-known person attacks another person, in this case causing serious injuries, and performs a few wais at the cop shop, he merrily goes on his way -- until the next time.

No Somsak, the matter is far from forgiven and forgotten by the public, nor should it be!

It is good news that with fewer buyers, developers of planned condos in Pattaya decided to put a halt to their property development plans. I wonder whether there is enough capacity on Pattaya's streets and alleys for even more people and their cars. The town planners should spend a whole day in central areas during high season and they will see how packed Pattaya is.

And make a stop on Beach Road, please, where you recently chased away motorcycle renters. They are all back again hindering "your income", the tourists, from parking. They occupy vast segments of the roadside and behave like the mafia if you try to park on their claimed land.

Those guys are bad ambassadors for Thai tourism.

Re: "Turkey is swiftly heading towards a regime of terror", (Opinion, Nov 12).

Gwynne Dyer's article targets the president of the Republic of Turkey with false accusations. It rather reflects a void in the comprehension of the Constitution of Turkey, "State of Emergency" measure which is permitted by the constitution and international human rights conventions and regulated by relevant national legislation and the ongoing investigations regarding the severe crimes committed by the coup plotters on July 15 and those who are linked to Fethullah Gülen Terrorist Organisation (FETO).

Various articles by Mr Dyer, since July 18, 2016, immediately after the said coup attempt in Turkey, suggest that important facts and figures regarding this incident are forgotten continuously in his writing.

However, Turkey will never forget that a clandestine faction led by FETO within the Turkish Armed Forces attempted to stage a coup resulting in the loss of 240 Turkish people on that infamous day.

Public prosecutors are investigating the severe crimes committed by the coup plotters, as well as those who are linked to FETO. However, these investigations are limited to those who supported the FETO terrorist organisation during or before the coup plot.

The judicial process is continuing. Those found not guilty will be released immediately.

In the face of the tragic events that unfolded on July 15, judicial authorities consider it worthwhile to prosecute any support to the bloody coup. There can be no exemption from the criminal investigations and the related measures.

The rule of law is guaranteed by our constitution. Our country is party to major international conventions on human rights, in particular the European Convention on Human Rights. Ongoing investigations and prosecutions are undertaken by the independent judiciary.

Continuous allegations in Mr Dyer's articles against Turkey induce us to wonder what prevents him from seeing the terrorist nature of coup organisers in Turkey and the related judicial process including the State of Emergency measure.

Many European countries adopted the same measures when facing similar or lesser security threats.

Re: "Erosion threatens beaches," (BP, Nov 17).

It seems almost impossible to recover the environment and make it as pristine as it was 30 years ago. But immediate repair to a certain degree is needed. Meanwhile, academic studies to investigate the cause of erosion must be done, though this was not mentioned in the article. Long-term maintenance plans should be mulled to prevent the loss of recovered beaches.

Re: "Change of role model," (PostBag, Nov 18).

Vint Chavala wants to know whether we should brace for a second civil war in the United States. You never know, Vint. You never know. But then, I do not pretend to see into the future, nor am I a political pundit or a London bookmaker.

Anything and everything is possible when you push a population past the breaking point. So far it hasn't happened.

You suggest that Thailand look toward other countries for their democracies, but you neglected to mention them. American governance with its executive, legislative and judicial branches has a better built-in checks and balances system than parliamentary forms of government.

It is not the system of democracy itself that is responsible for good government. It is dependent on the electorate and those elected to run it. Political figures, high and low, from the president down, are simply public servants, not gods, (although they tend to think they are at times).

All democracies have their ups and downs from time to time, even the best of them. I'd still pick the American style over others.

The electoral college in America is an outrage. Although Hillary Clinton may have gotten anywhere from one to two million more votes than Donald Trump she didn't win the election.

We're told that without the electoral college presidential candidates would only campaign in areas of the country that have large populations. But because of the electoral college, candidates only campaign in the battleground states while the vast majority of the states and population are virtually ignored.

For the first time in history the leader of the free world is a woman. Her name is Angela Merkel.

I constantly see articles in this and other media outlets that decry the state of education in Thailand. Recently there were articles regarding "testing" for foreign teachers to ensure they are "qualified" to be English teachers and to "weed out the backpackers" among them.

Then there are the cases of legitimate teachers, qualified with education degrees and years of experience, who are not able to work in Thailand because the labour office will not issue a work permit to them.

Why are they being denied the ability to work? Are they criminals? Are they infirm? Are they unstable? Is there some other legitimate reason?

Yes is the answer. They are 60 years old and therefore the labour and education ministries have deemed then unfit to work due to their age.

When this country gets serious about education this may change. In the meantime they will continue to hire young backpackers with no training or experience and continue to decry the quality of their teachers.

With the current push to get "seniors" back into the workforce of this greying population perhaps it is time for the Minister of Labour and Minister of Education or perhaps even the Prime Minister's Office to have a serious look at this and perhaps reconsider this position of no work permit after 60.