Although the ruling military-installed government has hyped graft-fighting efforts, people doubt its actions because of its political agenda, Internet Law Reform Dialogue (iLaw) project manager Yingcheep Atchanont said.

Yingcheep said strong action had been taken against the Shinawatras only after the coups in 2006 and 2014, when the military managed to seize power.

The ruling National Council for Peace and Order (NCPO) has also enacted at least four orders under Article 44 to exempt officers who “followed the NCPO’s order” from being punished, he said.

One of the orders granted protection to government officials working on cases stemming from former prime minister Yingluck Shinawatra’s controversial rice-pledging scheme in 2015.

Often viewed as politically involved, Yingluck’s negligence case, which caused multi-billion-baht damages to the country, ended with Yingluck being sentenced to five years’ imprisonment.

She is suspected to be on the run abroad.

“With politics, the NCPO is now viewed to target only special people,” Yingcheep said. “Those on the run are also viewed as heroes rather than culprits.”

Constitutional Court Judge Jaran Pakdeethanakul agreed that politics should not be part of law enforcement. “The anti-political camp will immediately gain the upper hand once they can navigate the police,” Jaran said.

While the naming of the police chief currently needs approval from the prime minister, the judge suggested that the appointment process for such a high-ranking position could be made independent from any political office holder, similar to how prosecutors are selected in the judicial arena.

The forum was organised by the Anti-Corruption Organisation of Thailand (ACT) to discuss how justice could be served regardless of privileged status.

Impunity of the powerful

Jaran compared the judicial system to a cobweb. “It can efficiently catch small insects. But when it comes to big shots, it is torn apart,” he said.

The system is also troubled by social inequality, he said. Low-income people are less able to defend themselves in court even though they may be innocent, causing them to be prosecuted unnecessarily.

The judge praised the new bill on criminal process against political office holders, which allows court proceeding in absentia.

“This means that they can’t just run away to wait for the [statute of limitation to expire]. They have to run for their whole lives should they not want to enter the judicial process,” he said.

He also said the bill’s new concept of using the investigative system instead of letting defendants and plaintiffs gather their own evidence could create more equality for both sides despite their background.

Courts should proceed with cases within six months to one year to prevent defendants from being detained for lengthy terms, he said, adding that if courts needed more time, they should allow defendants to be temporarily released on bail, he said.

To create more fairness, individuals should also be fined proportionately based on their income rather than a fixed amount of money, he added.

Colonel Burin Thongprapai, a legal officer at the NCPO and Supreme Command, filed the complaint on Wednesday with the Crime Suppression Division on behalf of the NCPO, a source from the junta said on Thursday.

Sunisa allegedly posted allegedly false information on her Facebook account four times “attacking” the junta and Prayut, the complaint said.

One of her posts also mentioned Prayut’s recent meeting with rock star-turned-runner Artiwara “Toon Bodyslam” Kongmalai, who is fronting a charity run to raise funds for 11 hospitals across the country.

Wissanu said on Thursday that the discussion would take place after the seven new EC commissioners are approved by the National Legislative assembly (NLA).

Under the Election Commission law, the NLA must approve the new members by December 12.

Wissanu said the government cannot order the EC to schedule an election but the Commission has authority to issue regulations for the government to follow.

PM Prayut had earlier promised the next election would be held in November next year.

The seven new EC members are former Interior Ministry executive Pracha Terat, high-ranking communications official Takorn Tanthasit, education institute executives Ruangwit Kadesuwan and Issaree Hansacharoonroj, independent legal consultant Chompan Pongcharoen Sutheerachat, Supreme Court Justice Pakorn Mahannop, and Supreme Court Chief Justice Chatchai Chanpraisri.

The first five members were chosen by a selection committee while the latter two were chosen by the Supreme Court. The previous EC members were required to leave their positions under the new EC organic law.

Wissanu said he has faith the new EC, pointing to their experience and the intensive selection process.

The anti-graft agency chairman Pol General Watcharapol Prasarnrajkit said the NACC needed to know how Prawit had acquired the assets and see proof of ownership.

Officials will also compare the information with Prawit’s asset declaration made when he assumed his political position as deputy prime minister, the chairman said.

Watcharapol, a former PM’s deputy secretary-general attached to Prawit, said the investigation would be expedited because the deputy prime minister had agreed to be interviewed.

The agency planned to send a letter to Prawit calling him for questioning.

The deputy premier instead assigned Natural Resources and Environment Minister General Surasak Karnjanarat to chair the meeting.

Government House reporters have noticed that Prawit seems to be trying to avoid facing the media after being criticised for his possession of what appear to be an extravagantly luxurious watch and diamond ring, which were not declared in his assets.

The National Anti-Corruption Commission (NACC) will hold a meeting today to consider whether to launch an investigation into Prawit’s assets.

With no comments made, the NLA will forward the draft bill to Prime Minister Prayut Chan-o-cha to seek royal endorsement.

Wednesday’s decision to raise no issues came despite doubts expressed earlier by several CDC members that the draft might not provide adequate protection to rights and freedoms.

CDC member Pattara Khumphitak had noted that one provision effectively blocked citizens who felt their rights and freedoms had been infringed upon from directly approaching the Constitutional Court, contrary to the charter’s intentions to protect such freedoms.

CDC spokesperson Udom Ratamarit said yesterday the commission had already forwarded comments to the NLA during the deliberation process.

“There might be some complaints about inappropriateness [in the charter draft], but the CDC can’t infringe on the NLA’s authority,” he said.

The CDC had also objected earlier to an NLA revision that allows Constitutional Court judges to remain in office until their successors are named, regardless of the situation at hand when their terms expire.

Judge Supoj Kaimook opposed that provision, saying it could violate the law and affect the court’s “essence”.

However, the CDC said yesterday the court had authorised the NLA to rule on the tenures of members of independent organisations, including the court itself.

They were named in two inclusive meetings of 176 Supreme Court judges.

The organic law that ended the tenures of the previous seven commissioners requires that the Supreme Court choose two of their replacements.

The other five are to be named by an appointed selection committee.

The Supreme Court named Chatchai as a qualified and appropriate choice for the commission on November 17, and in its second session on Wednesday selected Pakorn.

Prapan Anaman, a senior judge of the Appeals Court, had applied for membership on the commission but was not selected.

FORMER ELECTION Commission (EC) members were split in their opinions about their newly selected replacements yesterday, while others questioned the relevance of the new members’ experience.

Gothom Arya and Somchai Srisuthiyakorn expressed disappointment that some candidates who had extensive experience in elections had not made the cut to become part of the agency. Meanwhile, another former commissioner, Sodsri Satayathum, said relevant experience was nearly impossible to come by since it was such a specialised field.

The remarks came after the selection committee on Tuesday appointed five people to fill vacancies in the commission. The previous EC members were required to leave their positions under the new organic law.

The five new EC members are former Interior Ministry executive Pracha Terat, high-ranking communications official Takorn Tanthasit, education institute executives Ruangwit Kadesuwan and Issaree Hansacharoonroj, and independent legal consultant Chompan Pongcharoen Sutheerachat.

Gothom said yesterday that he was disappointed that candidates who had been active in civil society groups had not been selected. Some even had experience concerning elections, not only with the EC but also with international organisations, he said.

Gothom said those who were selected had backgrounds in administration such as business or education. Only Pracha, he said, had experience that was arguably related to elections.

The EC, the ex-commissioner said, needed people who were service-minded. The work involved not just the holding of elections but also activities to encourage people to exercise their voting rights, he said. It was about “campaigning for democracy”, he added.

Outgoing commissioner Somchai’s Facebook post on Tuesday said he was disappointed that Laddawan Tantivitayapitak had failed to be selected.

Laddawan had worked closely with the EC in observing voting for more than 20 years as a selfless volunteer at the Democracy Foundation, he wrote.

After the EC was first formed, Laddawan had come to work with the agency and contributed greatly in strengthening public participation, Somchai said. In addition, she was a pioneer in systemising civic education, which was one of the fundamental jobs of the EC.

Sodsri said she viewed things differently as it was difficult to have directly experienced candidates, so she was satisfied with the selection results, saying that it at least showed diversity, which was beneficial for the decision-making process.

She added that few previous commissioners had relevant experience prior to their appointments. Everyone could learn about the election laws and the holding of elections at the agency, she added.

The names of two other candidates selected from the Supreme Court have already been submitted to the selection committee, legislator Somchai Sawangkarn said yesterday. The list of the seven candidates would be forwarded to the National Legislative Assembly for a review of their qualifications as well as endorsement, he said.

NACC acting secretary-general Worawit Sukboon yesterday said the anti-graft body would start the investigation immediately as it was an issue of public interest.

The NACC, which was appointed by the junta’s handpicked legislators, last year cleared suspects over procurement irregularities after a scandal involving the military-run Rajabhakti Royal Park.

Political activist Srisuwan Janya said he also planned to file a petition with the NACC today regarding Prawit’s watch, which appeared to be a Richard Mille, which would have cost between Bt4 million and Bt10 million, and was not included in his asset declarations in 2014.

Depending on the results of the investigation, Prawit could be found to have wrongfully concealed assets – and also for possessing irregular wealth, as the 72-year-old retired general has at least Bt87 million in assets despite working only for the military and being unaffiliated with any businesses, Srisuwan said.

Prawit came under fire after a photograph of him shading his eyes from the sun went viral on Monday, with social media users drawing attention to his diamond ring and watch.

The junta’s number-two leader yesterday said he would clarify issues related to his possession of the watch to the NACC directly. “It’s no use explaining to the media. I will just take one shot with the NACC,” he said.

Politicians in Thailand and abroad have fallen into trouble before after being shown wearing expensive timepieces.

In 2013, then-prime minister Yingluck Shinawatra was criticised for owning a Bt2.5-million watch that was not declared to the NACC. During the investigation, Yingluck said she had sold the watch before entering the political arena – and used the money to buy diamonds. The investigation remains incomplete.Ex-PM Yingluck Shinawatra

A year later, Indonesia’s then-military commander, General Moeldoko, was also spotted wearing high-end watches, including what looked like a Richard Mille RM 011 Felipe Massa Flyback “Black Kite”, which would have cost more than Bt3 million.

Moeldoko attempted to dispute the criticism by throwing the watch on the floor in front of journalists and saying: “Do you think this is an original?” Setya Novanto(AFP photo)

Last month, Indonesia’s speaker of parliament Setya Novanto, who has been embroiled in several corruption scandals, was also alleged to have owned a Richard Millle watch that would have cost more than Bt4 million.

In Russia, President Vladimir Putin’s spokesman, Dmitry Peskov, was seen wearing a Bt17-million Richard Mille RM 52-014 timepiece during his wedding ceremony in 2015. The watch was worth about four times his annual income. Peskov insisted that the watch was merely a present from his wife.

“We haven’t discussed it and I don’t know if it will be possible to lift the ban,” Prawit said. “I still don’t see any readiness [to lift the ban].”

Prawit’s comment came after Interior Minister General Anupong Paochinda, who has been working to prepare for local elections, said he might ask Prime Minister General Prayut Chan-o-cha to consider lifting the ban.

Shortly after the 2014 coup, National Council for Peace and Order (NCPO) order no. 7/2014 restricted all kinds of political gatherings of five or more people. This has prevented political parties from making official moves, including preparing themselves for elections.

The order remains active as the 2017 permanent charter allows the NCPO to continue executing its absolute power until there is a new government.

On Wednesday, Prawit stressed that the junta government would find a way to ensure that all parties could follow procedures in the new political party bill, which designates a deadline for the parties to be prepared for an election.

“We’ll follow the road map,” he said briefly, referring to the junta’s often-altered timeline towards an election.