Doi Suthep: Judiciary not the villain

Doi Suthep: Judiciary not the villain

It is now almost certain that officials at the Region 5 Court of Appeal in Chiang Mai will not move into the new housing project on the slope of Doi Suthep after all.

The project is said to be 98% completed at a cost of more than a billion baht. If the local protesters' demand to demolish some of the buildings is implemented, a few hundred million more baht will have to be spent.

A number of high-ranking officials are against the idea, saying the demolition will waste taxpayers' money. They propose the buildings are kept for other public uses and the area be reforested to bring it as close as possible to a natural forest.

The proposal is an acknowledgement by default that the project was ill-conceived. Some might even argue it was unlawful.

But local activists are adamant the buildings be torn down because they obstruct the water flow and pose potential natural disaster risks in addition to being ecologically harmful.

Whatever the final outcome of the ongoing discussion proves to be, the case will certainly go down in the history books for setting a precedent that sent tremors through the establishment.

Unrestrained public criticism of the judiciary was almost unheard of before this case exploded on social media.

Courts are normally held in awe as judges are believed to perform their duties with the King's authority. Any slight against a judge is taken to be a slight against the monarch.

Lawyers and laymen alike observe strict protocol when making comments about judicial decisions or conduct so as to avoid being cited for contempt of court.

But Doi Suthep is revered by both Chiang Mai locals and other Thais. Each year, thousands of people make a pilgrimage to the mountain to pay respect to the Buddha at the mountaintop temple.

The mountain is part of Doi Suthep–Pui National Park, which is also where the Bhubing Palace, the winter residence of the late King Bhumibol Adulyadej and family, is located.

Construction of the judicial housing project has left a ghastly mark on the mountainside. Many locals consider it a sacrilege.

But local cultural sensitivity contributes only partially to the upheaval against the judiciary. Environmental conservation also looms large as a rallying point.

There are also other, more potent undercurrents, and these are some of the longstanding complaints against the establishment.

The project was quietly approved in 2013 and construction began a year later. The locals were not notified. Nor was an environmental impact assessment study undertaken.

During the dry season, the dry deciduous forest looks, well, dry and thin. But the vegetation springs right back when the rain comes and the forest becomes dense again.

People who have driven past the site say they didn't see any construction going on from the road.

It wasn't until two years later, when some bicyclists took notice of the changing landscape and spread the word, that things got noticed. More active citizens took to inquiring about the project, even beseeching the authorities to ensure that construction not cause too much damage to the natural surroundings.

But their concerns drew little attention.

It wasn't until after a photo -- taken from the air above this mountainous scar -- was splashed across social media after last year's royal cremation ceremony that protests were revived in earnest.

The repeated response from the judiciary that everything was above-board according to the law did not sit well with the protesters, whose sympathisers have been growing across the country.

It smacked of a double standard whereby law enforcers use the law to their advantage while cracking down hard on the less literate poor.

The fact that the culprits are those sitting in judgement of others and occupying the apex of the establishment causes even more resentment.

It may be said that the intensity of the criticisms has been aided by the oppressive political atmosphere. Since this controversy could not be construed as being political, the military regime could not actively intervene to silence the protesters.

So the judiciary became the receptacle for the masses to vent their frustration and anger at all that has gone wrong under the regime -- the lack of freedom, double standards, blatant inequality, cronyism, corruption and all those other social and economic ills affecting the majority of citizens.

The junta could still try to quell the protest to prevent it from getting out of hand, but they do so at their own peril. The current public mood is confrontational. A forceful go-by-the-rules response could trigger an angry reaction with unpredictable consequences.

Despite widespread criticism, I believe the judiciary remains the most respected part of the bureaucracy.

The public's emotional response is more of a disappointment, like a jilted lover. People still look to it as the institution of last resort for justice.

Their real anger lies elsewhere.


Wasant Techawongtham is a former news editor, Bangkok Post.

Wasant Techawongtham

Freelance Reporter

Freelance Reporter and Managing Editor of Milky Way Press.

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