2 replies to this topic

[Garcia]

"Two judges, Udomsak Nitimontri and Charoon Inthachan, were nominated by the Supreme Administrative Court (SAC) as new Constitution Court judges. They will join seven other nominees who were picked earlier to sit in the Constitution Court. By a vote of 17 SAC judges, Udomsak and Charoon will be assigned to the new bench, which needs royal approval along with other nominees.

The rest of the nominees - Charan Pakdithanakul, Wasant Soipisut, Supoj Kaimook and Chalermphol Ekuru - were selected by an ad-hoc panel before being approved by the Senate and three judges - Chat Chonlaworn, Nurak Mapraneet and Boonsong Kunbuppha - nominated by the Supreme Court.

Prime Minister Samak Sundaravej recently cried foul when he learned that the nominees approved by the ad-hoc panel were opponents of former premier Thaksin Shinawatra.

Charan, former permanent-secretary to the Justice Ministry, is a hard-line lawyer who never offered any compromise to Thaksin. He was also a drafter of the current Constitution, appointed by the junta that toppled Thaksin in the coup of September 2006.

Wasant is a known ally of Thaksin's bitter enemy Prasong Soonsiri. Suphoj was regarded as a close associate of the military junta, since he was a classmate of permanent-secretary to the defence ministry, General Winai Patriyakul, who was then the junta secretary.

Chalermpon is regarded as siding with the anti-Thaksin camp as he often voiced his disagreement with Thaksin on foreign policies while he was an ambassador to various countries.

Two other nominees also have anti-Thaksin records. Chat played a vital role as secretary-general of the Judiciary Commission, which facilitated the judicial intervention into the April 2, 2005 general election, leading to the cancellation of the result. Nurak ruled in May 2007 to disband the Thai Rak Thai Party and ban its 111 executives including Thaksin from the electoral process for five years."

http://www.nationmultimedia.com/2008/04/25...es_30071548.php

[Hedda]

By design or desperation, the organizers of the 2006 coup, who became the drafters of the 2007 Constitution, appear to have politicized the courts to a degree that may simply erode the last elements of stability in this society. The essence of an "independent" judiciary, at least in theory, is one that operates on legal principles free of their political implications. The 2007 Constitution turns that idea on its head, by trying to use judges - not generals - to control politicians armed with that deadliest of all weapons: an electoral mandate.

Let's hope for Thailand's sake that the law on unintended consequences doesn't bite this country where it really hurts by discrediting the judiciary as an independent branch above the political fray.

[Snowy]

By design or desperation, the organizers of the 2006 coup, who became the drafters of the 2007 Constitution, appear to have politicized the courts to a degree that may simply erode the last elements of stability in this society................Let's hope for Thailand's sake that the law on unintended consequences doesn't bite this country where it really hurts by discrediting the judiciary as an independent branch above the political fray.

The Thai judicial system was already politicised well before the 2006 coup (the judgement in the Thaksin assets concealment case being a prime example).

The Government is hell-bent on stacking the judiciary and organisations set up to counter corruption with place-men who are would give favourable (for them) verdicts in respect of the old TRT political exiles, in the various law-suits in which Thaksin and family are defendants and also in cases involving present PPP Government members and party functionaries who have been accused of involvement in vote-rigging, vote-buying and other electoral malpractices at the last election.

Either way (the present position or what the Government would like) means that the Thai judiciary is heavily in the political fray and most neutral observers would already say that it is no-where near independent.