Politicians said it was unfair for the ministers to remain in power, pointing to a potential conflict of interest in the run-up to the next general election.

Deputy Prime Minister Somkid Jatusripitak yesterday said he did not think the four Cabinet members would have an advantage over other political competitors while remaining in power. He added that the government was being “scrutinised in many ways”.

Somkid, who heads the government’s economic team, said the law does not prohibit ministers who become politicians from retaining their positions. “Like in the past, caretaker ministers could still run the country in the run-up to elections,” he said. He added that the four ministers, who are members of his economic team, are well qualified for their jobs and determined to serve the country.

“They instead deserve support to enter politics,” Somkid said, adding that Thai politics lacks young people like them who are determined to serve the country. “The four will resign at the right time. The election has not been scheduled yet,” he said.

Somkid was referring to Industry Minister Uttama Savanayana, Commerce Minister Sontirat Sontijirawong, Science and Technology Minister Suvit Maesincee and Prime Minister’s Office Minister Kobsak Pootrakool.

The four ministers are key figures in the Palang Pracharat Party, which plans to nominate General Prayut Chan-o-cha as its prime ministerial candidate in the next general election.

At its first general assembly last Saturday, the party selected Uttama as its leader, Sontirat as secretary-general, Suvit as deputy leader, and Kobsak as the spokesman and executive of the party.

In response to calls for him and the three others to step down, Sontirat yesterday said it was his duty to help the government achieve its various targets and projects during its remaining time in office. However, he added: “The four of us are happy to listen to suggestions, criticisms and comments from the public with regards to our decision to remain in our current posts.”

He also assured that during the period until the election and also after the election, “we will work to improve the country and perform at a higher standard than ever before”.

He said Palang Pacharat still needed to get approval from the Election Commission to become a political party officially. “We have not yet started any formal political procedures as a party,” he added.

Democrat Party leader Abhisit Vejjajiva yesterday said it was against the spirit of the Constitution and political etiquette for Cabinet members in a post-coup government to remain in power while joining a political party.

He noted that according to the charter, members of the junta’s organs who wanted to enter politics by contesting the next election were required to resign from their positions within 90 days of the new Constitution taking effect, which was in April last year.

“Those who did not quit at that time are supposed to not be stakeholders in the upcoming election,” he said.

Abhisit also said that in the run-up to elections, it is a practice for ruling politicians to have their powers restricted regarding such matters as bureaucratic transfers and budget allocation, to prevent them from gaining an advantage over other competitors.

He said the Constitution exempts the current government from such practices on the assumption that those opting not to leave after the charter became effective would not be involved with the election. “The rules are not for [members of the junta’s organs] to become political players themselves,” the Democrat leader said, adding that those people are supposed to be “referees” for the contesting parties.

Abhisit said the Cabinet members involved with Palang Pracharat seem to be finding legal loopholes and ignoring the spirit of the Constitution.

“Can they dare to deny that they are not using their status for political advantage?” Abhisit asked.

The Cabinet members should step down from power to avoid actions favouring their own party, political observers said.

The reaction came after Palang Pracharath on Saturday elected Industry Minister Uttama Savanayana as its leader and Commerce Minister Sontirat Sontijirawong as secretary-general.

Several other members connected to the ruling regime under the National Council for Peace and Order (NCPO), such as PM’s Office Minister Kobsak Pootrakool and Science and Technology Minister Suvit Maesincee, also joined the party.

Ongart Klampaiboon, deputy leader of Democrat Party, said yesterday he was most concerned that the four ministers or anyone working in the government could exploit their powers for their own political gains.

“The upcoming election is a turning point for the country. It should be well accepted by all sections of society,” he said.

However, now society can sense moves are afoot for junta head General Prayut Chan-o-cha to return to politics after the election although they had rejected this speculation, the politician said.

“If they use the power to favour themselves or their colleagues by interfering with independent agencies or gaining political popularity, there could be disillusionment and the election result may not be accepted,” he warned. Kosol Pattama, a former Pheu Thai Party MP, too, said he was worried about the election not being free and fair given the current situation.

“I’m afraid the state mechanism will be used to favour some particular group or the state resources will be used to gain advantage over other parties,” he said.

Ministers ‘must resign’

Meanwhile, former EC member Sodsri Satayathum said the four ministers should resign from their current position.

Although they were not obliged by the law, it would be the right thing to do, she said.

“Their positions could give them advantages over the others during the lead up to the election,” she said. “Some ministries, such as the Interior Ministry have the power to oversee voting. Although these ministers do not work there directly, they are connected as a colleague in the same Cabinet.”

In addition, when they go on mobile Cabinet trips, they would be in contact with local state authorities and the people; it gives them a chance to gain popularity, she explained.

Responding to the growing concern, Palang Pracharat spokesman Kobsak reiterated yesterday that party members who were now working in the Cabinet were still waiting for the right time to leave office to focus solely on the newly founded party.

Speaking also on behalf of three other ministers in the party, Kobsak insisted that they would not exploit working hours or taxpayer-funded resources to gain advantage over other parties.

“We’ll be transparent and accountable about this,” he said.

THE COUNTRY saw the most aggressive enforcement of the lese majeste law after the junta came to power in 2014, but current trends point to an unprecedented relaxation, according to iLaw.

“There was a time, after the coup in 2014, when dozens of people were summoned and charged, with military officers present in the process. And then there was this peak after the passing of King Rama IX,” said iLaw’s documentation centre head, Anon Chawalawan. “But, all of a sudden, since last year, the tension built after the coup has started to ease. We see a number of cases getting dropped and we see a significant change in the prosecution procedure.”

iLaw, a non-profit organisation that champions democracy and freedom of expression, has been keeping a record of lese majeste cases related to politics since the day the military seized the reins of power more than four years ago.

Scores of people were slapped with various criminal charges – from violation of junta orders to sedition. But above all, the draconian lese majeste law – Article 112 of the Criminal Code that prohibits defamation, insult and threats against the monarchy – was one of the allegations commonly used against dissenters and political activists. In the early days, Anon said, the act of bringing alleged violators to justice was more a matter of “clearance”.

Cases on the books since 2006 that had seen no movement were dusted off. Alleged violators were summoned by junta order to undergo “attitude adjustment” and interrogation. Some were prosecuted soon after their seven-day detention.

“So, during the military-led rule from 2014 to 2015, at least 61 people were prosecuted under Article 112,” Anon said.

The situation was especially worse after October 2016, when King Bhumibol passed away. Royalists reported an unusually large number of lese majeste cases besides using other measures, including violence, to deal with those deemed disrespectful of the monarchy while the nation mourned.

The case of Jatupat Boonpipattararaksa, also known as Pai Dao Din, occurred during this period. He shared an article on Facebook deemed against the law. After pleading guilty last year, Pai was sentenced to two years and six months in jail.

During the period of mourning between 2016 and 2017, at least 33 people were charged with lese majeste, according to iLaw.

However, since the beginning of this year, Anon said, there had been a change for the better.

“So far nobody has been charged with lese majeste. And there’s also this unprecedented development, a new norm where lese majeste allegations have been dropped,” Anon said.

The expert cited the case of Thanat Thanawatcharanont, aka Tom Dundee. Thanat pleaded guilty to both allegations he was facing under Article 112 and yet he was acquitted. In earlier days, Anon said, it was highly likely that the court would have ruled him guilty.

Anon also cited the case of rights lawyer Prawet Prapanukul, who had been charged with lese majeste and sedition but was also recently acquitted. The court explained why he was guilty of sedition, but said nothing about the lese majeste accusation.

Another recent development, which points to a trend of relaxation in the use of Article 112, is the case in which the Appeals Court acquitted six young men of lese majeste and only punished them for criminal association and damaging public property.

“This shows that the interpretation is now more strictly and more in line with the spirit of the law,” Anon said. “In this case, it was vandalism and it was not necessarily an insult to the monarchy. This is a new development. Before, the interpretation could sometimes be very broad.”

Most importantly, Anon said, the new trend could also be seen in the recent change in procedure.

“The Office of the Attorney-General announced in February that royal defamation indictments can come only from top national prosecutors, to prevent misuse of the law,” he said. “From this, we can expect to see better scrutiny in interpretation of the case before it goes to court.”

“I saw some of my fellow inmates being released and returning to prison three to four times during the time I was there. They knew how long they had to serve in prison before they could return home. But I didn’t have any hope. I had no idea what the punishment would be.”

Now also accused of lese majeste, she walked free on bail last month but has no idea when she’ll be back in jail.

Better known as Waen, she was 37 when she was arrested and held in military custody in March 2015 before being transferred to the prison. She was accused, in a case related to the bombing of the Criminal Court, of being a middleman by wiring money to pay for the crime. She was one of 15 people charged with several serious offences – from criminal association to terrorism.

Waen was a successful businesswoman, the mother of two boys and a part-time volunteer nurse before her world collapsed almost overnight. She described herself as “being in a trance” when she first found herself in prison.

“I was too shocked and confused. I didn’t feel anything. It was as if I wasn’t there,” Waen told The Nation. “But I couldn’t quite cry. I had a friend [Wassana Busadee, another defendant in the court-bombing case] who had also been charged and sent there with me. She cried a lot, so I had to be there for her.”

It was stressful for her, especially as a first-timer whose life had been so far removed from the world of crime. Waen kept herself distracted, helping with the work around the prison, so she didn’t have to think about the repeatedly rejected bail pleas and the other frustrations.

Initially, she faced constant challenges from other inmates for being a red-shirt supporter.

“I just kept silent, refraining from arguing with them. But if they asked, I’d give them some answers until they trusted me,” she said. “I did pretty well until the second time that I had to return there very shortly after being released on bail.”

Waen was referring to July last year, when the Military Court agreed to grant her bail – a Bt500,000 surety in the terrorism case.

She had already spent two years and four months behind bars prior to that release. But literally, once she stepped out of prison, Waen was rearrested immediately by an unknown state authority riding in a mysterious pickup truck.

“I hadn’t met anyone yet. It was outside the jail but at an inner gate. No outsiders were allowed there. So I know they were state officials, even though they were in plainclothes.”

This time they pressed the lese majeste charge. The move sparked even more controversy, since Waen was a survivor of the 2010 massacre at Wat Pathum Wanaram and a key witness, testifying against state authorities over the killings of red-shirt protesters and medical volunteers.

Returning to the same prison one day after her release, this time Waen could do nothing but cry. She became mentally unhinged.

“I was shattered. It was beyond anger what I felt. It was intensely frustrating,” she said. “I kept asking myself what I had done wrong. Some inmates said, ‘Hey, I’ve been back and forth three times already and you’re still here.’”

She said: “Inmates with larceny and drug offences do a couple of months or six to 18 months and they get out. But I had no numbers. Will they give me the death sentence or a life sentence for 20 or 50 years or three years? I had no clue.”

What would you do if you were me? Everybody at some point got to go home but I had to stay. What in the world? Why was did the trial go so slowly? What was I supposed to think when other inmates were suggesting I was being buried in the forgotten cell? There was no hope.”

Anuruk Janetawanich, a red-shirt activist known as “Ford the Red Path”, who had raised funds to aid Waen while she was in prison as well as for the cash bail of nearly a million baht, said he noticed Waen was in bad shape three to four months before her release.

From her accounts, Ford said, Waen had already been hallucinating, seeing things and hearing voices. She was also clearly in a bad shape in July while out for the court hearing, appearing stressed, with hollow eyes and cheeks, he said.

She was eventually released on bail last month, three days before her 40th birthday.

“Freedom is the most amazing birthday present I’ve ever received. I’d actually given up hope,” Waen said.

However, before resuming her normal life, she had to get a full body check-up because she was at risk for some serious diseases as she had been in contact with a seriously ill inmate who had not been isolated, according to Ford. Also, Waen has to go see her psychiatrist regularly and get medication to help with depression and hallucination.

“I still wake up at 5am to make my bed,” she said, referring to the prison routine.

“When I go to the bathroom in the morning, I stand in a line that doesn’t exist. Then the reality hits me that I’m no longer in prison. If I tell anyone about this, they’ll think I’m insane.”

With her case ongoing, Waen knows she could be returned to prison at any moment. She refrained from talking about any mistreatment or discrimination because of uncertainty over her future.

The Cabinet members should step down from power to avoid actions favouring their own party, political observers said.

The reaction came after Palang Pracharath on Saturday elected Industry Minister Uttama Savanayana as its leader and Commerce Minister Sontirat Sontijirawong as secretary-general.

Several other members connected to the ruling regime under the National Council for Peace and Order (NCPO), such as PM’s Office Minister Kobsak Pootrakool and Science and Technology Minister Suvit Maesincee, also joined the party.

Ongart Klampaiboon, deputy leader of Democrat Party, said yesterday he was most concerned that the four ministers or anyone working in the government could exploit their powers for their own political gains.

“The upcoming election is a turning point for the country. It should be well accepted by all sections of society,” he said.

However, now society can sense moves are afoot for junta head General Prayut Chan-o-cha to return to politics after the election although they had rejected this speculation, the politician said.

“If they use the power to favour themselves or their colleagues by interfering with independent agencies or gaining political popularity, there could be disillusionment and the election result may not be accepted,” he warned. Kosol Pattama, a former Pheu Thai Party MP, too, said he was worried about the election not being free and fair given the current situation.

“I’m afraid the state mechanism will be used to favour some particular group or the state resources will be used to gain advantage over other parties,” he said.

Ministers ‘must resign’

Meanwhile, former EC member Sodsri Satayathum said the four ministers should resign from their current position.

Although they were not obliged by the law, it would be the right thing to do, she said.

“Their positions could give them advantages over the others during the lead up to the election,” she said. “Some ministries, such as the Interior Ministry have the power to oversee voting. Although these ministers do not work there directly, they are connected as a colleague in the same Cabinet.”

In addition, when they go on mobile Cabinet trips, they would be in contact with local state authorities and the people; it gives them a chance to gain popularity, she explained.

Responding to the growing concern, Palang Pracharat spokesman Kobsak reiterated yesterday that party members who were now working in the Cabinet were still waiting for the right time to leave office to focus solely on the newly founded party.

Speaking also on behalf of three other ministers in the party, Kobsak insisted that they would not exploit working hours or taxpayer-funded resources to gain advantage over other parties.

“We’ll be transparent and accountable about this,” he said.

Commerce Minister Sontirat Sontijirawong was elected secretary-general at the party caucus held at the Grand Diamond Ballroom of the Impact Forum Building.

The results of the election to the party’s executive board were announced at 4pm.

The assembly elected Uttama to replace Chuan Chuchan, a co-founder of the party, as leader.

Uttama said he would not vacate his Cabinet seat after accepting the party’s post.

Uttama and Sontirat had earlier announced their stand to support Prayut to become prime minister again.

The assembly also elected Pornchai Trakulwaranon as party treasurer and Wichian Chavalit as registrar.

The election of the new party’s executive board only confirms months of speculation that Palang Pracharat is likely to serve as the political vehicle for Prime Minister General Prayut Chan-o-cha, chief of the National Council for Peace and Order, to return for another tenure as prime minister after the next election in February.

Political observers noted that the party’s name, Palang Pracharat, was coined after the Pracharat scheme, a version of the junta government’s populism.

The party assembly was attended by several Cabinet members who announced their membership of the party. They included PM’s Office Minister Kobsak Pootrakool and Science and Technology Minister Suvit Maesincee.

The assembly was also joined by politicians who were expected to join the party. They included leading members of the now-defunct People’s Democratic Reform Committee, such as Puttipong Punnakan, now deputy PM’s secretary-general, Sakoltee Phattiyakul, deputy Bangkok governor, and Natthapol Theepasuwan, a former Democrat MP for Bangkok.

Also attending the meeting were leading members of the Three Friends group, including Anucha Nakasai. The Three Friends group is reportedly wooing former MPs from various parties to join the Palang Pracharat. The group has yet to formally announce that it would join the Palang Pracharat although it has hinted so. The group said it had sent Anucha to sit on the party’s executive board and could join the party later.

Anucha was elected a member of the executive board long with Suvit, Kobsak, Puttipong Natthapol.

The other board executives are: Surapol Danaitungtrakul, Ong-arj Panyachartrak, Thanikarn Pornkongsarojk, Sorawut Nuangchamnong and Chaiwut Thanakhamanusorn.

Thanathorn Juangroongruangkit, a co-founder of the party, speaking on a Facebook live session on Friday night, said the EC approved the party’s registration application in the final hour of official registration on Friday.

Thanathorn, who is expected to become the party’s leader, said the party would announce its vision at a meeting at the party’s head office on Monday, under the slogan of “Anakot Mai Thai Song Thai” or “Future Forward To Double Thailand’s Future”.

Thanathorn asked party supporters to push the hashtag of the party’s slogan on their posts on social networks to show support, now that the party has officially registered.

Sontaya Kunplome, who was appointed to head Pattaya’s city administration on Tuesday, said he would cover the balance if the 40 plots owned by his father Somchai are worth less than Bt100 million.

“Don’t worry. We will follow the final court verdict, and if the plots are worth less than Bt100 million, we will be happy to pay the remainder,” Sontaya said yesterday.

In 2012, the Supreme Court sentenced Somchai in absentia to five years and four months in jail for colluding to sell 150 rai (24 hectares) of forestland to Pattaya City. Somchai at the time was a local administrator in Chon Buri.

Somchai, now 80, was arrested in January 2013.

Sontaya said yesterday that when his brother Ittipol was serving as Pattaya City mayor, his administration had checked with the Land Department and found that their father Somchai owned 40 plots of land. The city administration then asked the Legal Execution Department to confiscate the land for auction, Sontaya said.

“The process is now with the Legal Execution Department,” Sontaya said. However, a source in the department said yesterday that Pattaya’s administration, as the damaged party, has yet to call on the Land Department to check Somchai’s properties before the asset-seizure procedure began.

“So the check has not begun yet. The 40 land plots mentioned have yet to be included in the legal execution process,” the source said.

Meanwhile, anti-corruption activist Veera Somkwamkid warned yesterday that the appointment of Sontaya as Pattaya City mayor might adversely affect the legal execution of the court verdict against Somchai.

Veera, who is secretary-general of the People’s Network against Corruption, said this could be a conflict of interest. He called for Prime Minister Prayut Chan-o-cha to be responsible in case of damage.

General Prayut, in his capacity as chief of the ruling National Council for Peace and Order (NCPO), named Sontaya as the new Pattaya mayor in an order issued on Tuesday.

In response to Veera’s claim, the PM said yesterday that Sontaya had nothing to do with his father’s alleged corruption, according to government spokesman Lt-General Sansern Kaewkamnerd.

Prayut was also quoted as saying that Sontaya is well qualified for the mayor’s job and has no characteristics that would prevent him from assuming office.

The PM also dismissed allegations that Sontaya’s appointment was part of a political trade-off between the junta and the Kumplome family, which is powerful in the eastern seaboard.

Deputy Prime Minister Wissanu Krea-ngam said yesterday that his father being found guilty in court would not prevent Sontaya from serving as mayor.

Wissanu, who is in charge of the government’s legal affairs, said part of Somchai’s 40 land plots have been confiscated and sold off for payment to Pattaya City. If the money obtained is less than the damages, the Pattaya administration would need to confiscate more of Somchai’s assets, he added.

The deputy PM added that though Sontaya was appointed by the NCPO, the junta will not be responsible if he does anything wrong, but the premier should be held accountable if his appointee is not qualified for the job.

Warong Dechgitvigrom explained that as an “underdog” in the contest, he would have to work at least three times harder than the “reigning champion”.

He added that from Sunday he will start travelling across the country to meet the party’s branch heads and eligible party voters.

“My policy is that we are going to decentralise power, with increased power for branch heads. They will work side by side with the party’s ministers and the party leader. I believe this will make the Democrat Party stronger. We did not have such a thing in the past,” Warong said.

He claimed support from many younger party members and senior colleagues who want to see changes in the party. However, he declined to provide an estimate on how many supporters he had, only saying that many did not want to back him openly.

The Democrat Party plans to sound out its 2.5 million or so members across the country about who should become the new party leader. The party is changing its regulations to require that votes are considered at the general party meeting to be held in November to select new party executives.

The Political Party Act only requires that a party leader be selected at a general party meeting.

Abhisit, who has served as Democrat leader since 2005, is seeking another term in office. Warong appears to be his only competitor, though media speculation points to former party member Alongkorn Ponlaboot as another challenger.

Warong said yesterday that he was not worried about Abhisit gaining support from most of the party’s 2.5 million members. “We believe party members will feel we are determined and sincere,” he said.

The politician said his slogan “Dare to change for the people” refers to changes for the better, within the party as well as in the country.

Yesterday, he joined Democrat politicians, who are part of the “Dr Warong’s Friends” group, to pay respects to a statue of Phra Mae Thorani (Earth Goddess) at the party’s headquarters.

Later they travelled to Phitsanulok province, where Warong officially launched his campaign for party leadership. There they bowed in front of the statues of the Buddha and King Naresuan.

The Democrats who openly support Warong include Thaworn Senneam, Supachai Srila, Sombat Yasin, Samran Sripangwong and Puttipong Sa-nguanwongchai. Warong, 57, is a three-time former Democrat MP for Phitsanulok. He was an obstetrician and deputy director of a hospital in the northern province before entering politics.

He earned a name for himself when, as a member of the opposition, he grilled members of the Yingluck Shinawatra administration about its rice-pledging scheme, which was mired in corruption.

When 54-year-old former PM Abhisit was asked yesterday about his policy platform for the leadership’s contest, he said he would now focus on doing his duties as party leader.

Meanwhile, Democrat rivals – the Pheu Thai Party – is also gearing up for the upcoming general election. Key party figures will start travelling to different provinces to meet local party supporters and branch executives, Pheu Thai secretary-general Phumtham Wechayachai said yesterday.

The defendants, meanwhile, were granted bail without a guarantee, though they face a Bt200,000 fine if any of the bail conditions are violated.

The lawsuit was filed with the Criminal Court against political activists Sirawich Serithiwat, Anon Numpa, Chonthicha Jangrew, Nuttaa Mahattana, Sukrit Piensuwan and Kan Pongprapapun.

They were charged yesterday with violating Article 116 of the Criminal Code on sedition and Order No 3/2558 of the National Council for Peace and Order (NCPO), which prohibits any political gatherings of five or more.

The case resulted from a rally led by the six defendants at Democracy Monument in February. In the rally, the leaders called on the junta to “stop trying to stay longer in power” and instead call an early election.

About two dozen people gathered in front of the court yesterday to offer the defendants moral support.

In the same case, protest leader Rangsiman Rome, who leads the Democracy Restoration Group, had been taken to court in April.

Nuttaa, one of the six defendants, said 15 political activists face sedition charges in six different cases in connection with their pro-election gatherings. They were each facing a guarantee of Bt1.5 million to ensure their temporary release while fighting their cases.

“That’s a lot of money and we can’t raise enough funds for all,” she said.