Chanakan Prommul, of the VIP Vans Association of Thailand, said the owners of 10 vans had been summoned to appear at Thung Song Hong Police Station on Monday, while the rest would appear at the station at a later date.

The van owners insisted that 19 of them had permission to drive outside regular routes, while two other drivers were not sure and would make enquiries.

They also insisted that they were not involved in politics.

Chanakan said the potential penalties facing the drivers were too severe, with a fine of between Bt20,000 to Bt200,000.

He said penalising the owners would be unfair because they could not ignore people who wanted to use their services.

Lt-Colonel Suban Athiset, Thung Song Hong deputy police chief, said the owners must show proof that they were permitted to drive outside a permitted route and use their vans for that purpose.

Police will investigate further to establish the facts, he said.

On August 1, Yingluck gave her closing statement in her case concerning the rice-pledging scheme, with her accused of dereliction of duty in failing to prevent corruption in the scheme.

The court is slated to deliver its ruling on August 25, when a huge number of Yingluck supporters are expected to appear at the court..

CDC has insisted that each MP candidate will have a number based on the total number of candidates running in that riding. As a result, candidates for a certain party would have different poll numbers on the ballot in different constituencies.

Norachit Singhasenee, the CDC spokesman, said the new system would allow each voter to cast only one ballot, a change from previous systems in which each voter had two ballots, one for the constituency MP and the other for the party-list MP.

As a result, the new system is fair for all the political parties concerned, said Norachit.

Under the new system, there are a total of 500 MPs, consisting of 350 constituency MPs and another 150 party-list MPs.

However, the selection of party-list MPs will be based on the combined percentage of votes from all winning and losing MP candidates fielded by political parties.

As an example, if a party got 40 per cent of the total nationwide votes for constituency MPs, it would get a total of about 200 of the 500 MP seats.

If this party had elected MPs in 180 constituencies, it would automatically get another 20 party-list MPs to bring it up to 200 seats reflecting 40 per cent of the nationwide vote, according to the new system.

However, Pheu Thai party’s secretary-general Phumtham Vejjachai, said all MP candidates should have the same poll number.

This would make it easier for a party to promote its candidates across the country and strengthen the party system, said Phumtham.

He noted that the party and its candidates are not different when primary elections are used to screen MP candidates for the constituencies.

TOMORROW’S visit to Thailand by US Secretary of State Rex Tillerson will challenge the Kingdom on how to balance itself among powerful Western allies and its regional partners amid conflicting issues, particularly the Korean peninsula and the contentious South China Sea tensions, experts say.

Tillerson will meet Prime Minister General Prayut Chan-o-cha and Foreign Minister Don Pramudwinai tomorrow following Asean ministerial meetings in Manila where the issues of North Korea’s nuclear ambition and militarisation in the troubled sea heated up.

He will also visit Kuala Lumpur during his trip, having put emphasis on the denuclearisation of North Korea, ongoing efforts on drafting a Code of Conduct (COC) for the South China Sea and counter-terrorism issues as they relate to Southeast Asian nations, including Thailand.

While Thailand is the US’s oldest Asian treaty ally, it also has diplomatic and trade ties with North Korea. The ruling Thai junta has also leaned on China, a major claimant over disputed territories in the South China Sea, notably on military hardware purchases and infrastructure deals.

The Prayut-Tillerson meeting will also cover bilateral issues, including Prayut’s tentatively proposed visit to the White House. It will also take place directly before Russian Foreign Minister Sergey Lavrov’s meeting with Prayut and Don , pencilled in for Wednesday or Thursday.

Experts contacted by The Nation said they believed that Bangkok could make deals with each side while not falling into dependency on any of them.

“Thailand could signal that it is willing to see serious COC negotiations and also bring pressure on North Korea but the US and Japan must deliver more aid and investment to Thailand,” said Paul Chambers, a lecturer at Naresuan University’s College of Asean Community Studies.

Washington’s offer of military and economic aid to Bangkok may determine how much it can move Thailand to its line on the issues, Chambers said. The offer should also better what Beijing is willing to provide as well as depend on how few conditions such aid is tied to. Still, he noted, Thailand should not position itself as a proxy to any superpower as the policy of bending with the wind would appear weak.

Thanet Aphornsuvan, Thammasat University’s expert in US studies, said he believed that the US puts more emphasis on regional countries like Thailand to build multilateral agendas on the relevant issues.

To enhance the US responses on Thailand, the Kingdom could signal to the US more understanding on balancing its strategy on the South China Sea, for instance. “But Bangkok must also maintain its neutrality and address only key principles without any binding commitment,” Thanet said.

Viboonpong Poonprasit, a political science lecturer at Thammasat, agreed that it was safe for Thailand to maintain a low-key stance with the US. Washington is keen for closer ties, knowing that Bangkok is developing closer bonds with Beijing, “Tillerson’s visit implies that the US shuts an eye to the Thai junta government. This can be of advantage to us. But it should be reminded that the US wants to encourage Thailand to take a visible stance on conflicting regional issues,” Viboonpong said.

To minimise potential conflicts, he added, Thailand would be wise to voice an Asean-based or international consensus when having to express its stance.

Given that President Donald Trump’s administration makes geopolitical and economic interests his top priority, Chambers said he believed human rights and democracy deficits in Thailand would likely be left out of the Prayut-Tillerson meeting agenda. Prayut might even ask Tillerson for Thai political exiles in the US to be repatriated, he said.

But Viboonpong said the restoration of democracy would remain on the US agenda for the Kingdom, which should reiterate its so-called “road map to democracy” to the US while enhancing its performance on human rights.

Their acquittal has disappointed victims of the police crackdown on yellow-shirt protesters outside parliament in 2008 that left two dead and more than 300 injured.

One of the accused officials, Pol General Patcharawat Wongsuwan, is the brother of current Deputy PM and Defence Minister General Prawit Wongsuwan. Prawit is widely considered the second most powerful figure in the ruling junta after PM General Prayut Chan-o-cha.

Democrat deputy leader Ongart Klampaiboon said the NACC should use its constitutional right to appeal the case. The new charter’s Article 195 stipulates that a verdict from the Supreme Court can be appealed within 30 days of the ruling.

“The appeal will guarantee justice to all sides, the protesters as well as the accused authorities. It will also clarify social doubts against the NACC,” Ongart said.

Former PAD leader Suriyasai Katasila said the PAD plans to press the NACC tomorrow to make an appeal. “We hope the NACC will justify itself that this matter was not influenced by the powers-that-be,” Suriyasai said.

The protester-turned-lecturer reiterated that the PAD movement has no political agenda as suspected by the junta, but only sought justice.

Meanwhile, former NACC commissioner Vicha Mahakun, who was responsible for filing the case in the court, said the decision on whether to appeal rested with the current NACC.

“We have to look at several readings when considering this case,” Vicha said. “Parts of this case went through the Administrative Court, which did rule that the authorities did commit wrongdoing in the case. Any other consideration, then, should go in line with this ruling.”

Academics and experts on law and human rights have cautioned against the increasing trend of law enforcement to attempt to deter activism, and urged law reform aimed at preventing the launch of strategic lawsuits against public participation (SLAPP).

Amnesty International Thailand and the National Human Rights Commission (NHRC) last Thursday held an academic seminar on SLAPP lawsuits, which are a legal mechanism being increasingly used against human-rights defenders and other civil-society organisations.

The forum discussion noted that the powerful interests usually behind launching SLAPP cases use a variety of legal strategies, including defamation lawsuits and even the Lese Majeste law.

Senior lawyer Saengchai Rattanasereewong suggested that SLAPP suites are an example of immoral application of legal rights. Everyone has a right to defend themselves, he explained, but in SLAPP cases the party that is causing social problems is the plaintiff claiming injury, and the party who is bringing the problems to people’s attention is put in the role of defendant.

“In these recent years, we have witnessed several cases of SLAPP, in which human rights activists, journalists, academics, and active citizens were sued for their actions disclosing problems and pushing for solutions to the problems caused by big companies or the authorities,” Saengchai said.

Defamation claims

“The trend is increasing and the activists, who work on political issues, also become victims of SLAPP by those using a series of laws such as the Public Assembly Act, Computer Crime Act, or the controversial Lese Majeste law.”

According to iLaw database, at least 443 lawsuits launched with intent to suppress freedom of expression, have been recorded. These cases included claims of defamation, causing panic, interfering with national stability, publicising illegal messages, defaming royal household members, or arranging public gatherings.

Saengchai noted that a SLAPP case has the distinctive feature of using any law to sue through the courts with its main purpose being to frighten activists and cause them difficulty to the point that they have to stop their action.

“A SLAPP lawsuit is a clear violation of human rights, because it forces people to stop campaigning for their rights,” he stressed.

Wichian Anprasert, lecturer at Ubon Ratchathani University, raised the example of lawsuits between local activists near a gold mine in Loei’s Wang Saphung District and Thung Kham Ltd. The suit is a clear case of SLAPP, he said, in which the company tried to stop the people’s campaign to save their local environment from gold mine pollution.

“I have gathered the information at Thung Kham gold mine and have recorded 21 cases against the local community since 2013. In total, 38 people were sued by using seven different laws and the total sum that the company asked from the people was up to Bt380 million,” Wichian said.

“Despite this, the people still carry on their fight to save the environment and their livelihoods. They suffer tremendously from the lawsuits because they have to travel to court and find evidence against the company, while also having to raise their families and make a living.”

He noted that people have to go to the court some six to 13 times for each lawsuit, and each court visit costs them money and time.

“The difficulty with proceeding through the justice system is that the main purpose of a SLAPP case is it intends to make the defendants too tired to fight, and so they agree to stop their activism on the plaintiff’s term,” he said.

NHRC commissioner Angkhana Neelaphaijit remarked that the NHRC has received several complaints related to SLAPP suits over the past 10 years. Sometimes the legal threats escalate into physical harm or even enforced disappearance.

“I’d like to urge the authorities to protect human-rights defenders from such threatening. They must not support any kind of violence against these activists, and must conduct full and transparent investigations to seek justice for them,” Angkhana emphasised.

She stressed that officers of justice system also have a responsibility to stop SLAPP cases from the beginning, by considering the indictment carefully and dropping SLAPP cases before they proceed to the court.

“It is very important to stop SLAPP cases at their beginning, because for ordinary people it is a very great deal to be sued in court – especially for the women, who also have a heavy burden to take care of the family,” she said.

Saengchai also argued that there should be reform of the Thai justice system, and the government should pass an anti-SLAPP law as an official legal tool against SLAPP cases.

“Moreover, the lawyers have to strictly adhere to the ethics of their profession and refuse to work on pursuing SLAPP cases,” he added.

The PAD plans to submit its petition to the National Anti-Corruption Commission tomorrow, as part of its efforts to ensure justice for its yellow shirt allies who were the focus of police action in the October 2008 crackdown.

The Supreme Court’s Criminal Division for Political Office Holders on Wednesday acquitted Somchai Wongsawat, his deputy Chavalit Yongchaiyudh, then-police chief Pol-General Patcharawat Wongsuwan, and then-Metropolitan police chief Pol-Lt-General Suchart Muenkaew. The four were found not guilty of their involvement in the crackdown, which took place in front of Parliament. Somchai had attempted to enter Parliament to deliver his government’s policies but was blocked by protesters. The incident left two people dead and more than 400 injured.

In response to the court verdict, the PAD on Friday held a press conference to declare its stance. Its key figures make a commitment that the group would explore every legal channel to ensure justice for their comrades. Some political observers remained concerned that the group would resume large street demonstrations.

Prayut said the law is the law, and that permission must first be obtained before making any moves,   apparently referring to street protests. The public gathering law remains in place, said Prayut. Street action may violate additional laws and claiming legitimacy based on the constitution is not acceptable, he added.

“It’s not that we shun freedom of expression,” insisted Prayut. “You can hold a gathering, but it should not violate other laws, so people should be made aware about this fact.” The prime minister acknowledged that the constitution secures fundamental rights but added that peace and order also depend on enforcement of relevant laws.

Prayut also urged concerned parties to respect the ruling, saying the best way to deal with the case is working through legal channels.

Also being targeted with Pol General Patcharawat Wongsuwan is his one-time assistant Pol Lt-General Boonruang Polpanich.

Patcharawat is a younger brother of Prawit, the Minister of Defence in the current Prayut Chan-o-cha government.

An NACC sub-investigative committee recently discovered that the two former police officers jointly owned a horse farm worth about Bt100 million in Kaeng Khoi district, Saraburi province, according to an inside source.

The committee decided to seek more information from witnesses or anyone else connected with horse farming.

In 2014, the NACC set up a committee to investigate the allegation after receiving a complaint about the two high-ranking policemen four years previously.

Patcharawat is also suspected of setting up a company, Somthawin Resort Partnership Limited, to hide his assets.

The resort is in Bang Bo district, Samut Prakan province, and is also said to be worth about Bt100 million.

Shareholders of the partnership include Somthawin Wongsuwan, Patcharawat’s wife and Navaporn Wongsuwan, his daughter.

NACC officers visited the resort in May and reported their findings to the subcommittee but said they were keen to find more evidence.

Patcharawat has just been acquitted by the Supreme Court’s Criminal Division for Political Office Holders of using undue force to disperse a yellow-shirt street rally in 2008 during the  Somchai Wongsawat government.

In this case, Patcharawat, former premier Somchai, Chavalit Yongchaiyuth, former deputy prime minister and then Metropolitan Police chief Pol Lt-General Suchart Muenkaew, were accused in 2015 of dereliction of duty and malfeasance by the NACC, which held them responsible for casualties caused by the police operation against protesters.

The CDC has an eight-month deadline in which to complete its work on drafting the 10 organic laws required before elections are held. It has already drafted five organic laws, three of which are with the government and pending submission for royal endorsement, and the Senate selection bill is the sixth.

Under the new charter, 200 new senators will be required to come from various professions.

The CDC has decided on 20 professional groups as well as civil-based groups. These are: administration and security, law and justice, education, public health, farming, fishery and livestock, employees, environment groups, firms and SMEs, science and technology, women, handicapped and minorities, culture and entertainment, non-profit organisations, mass communications, tourism, small and medium industry, heavy industry and freelancers. This last group is open.

CDC spokesperson Norachit Sinhaseni said definitions of each group would be further fine-tuned, and there would then be cross-selections of candidates at district, provincial and national levels.

However, the CDC has not yet decided how the cross selections would be achieved, with one suggestion that it be done in a similar way to a World Cup football draw. Norachit said each group would initially be required to vote on five candidates at district level.

Afterwards they would be required to choose candidates from other groups, to get three candidates per group to contest selection at a provincial level. At the provincial selection round, only one candidate per group would be picked to be nominated at a national level, which would result in the final number of 200 senators to enter the Upper House.

Senator candidates would be barred from campaigning for votes, Norachit said. Penalties would be set for those seeking political support, with political bans of up to 10 years suggested among those penalties.

Those engaged in fraud during the selections would face a jail term of up to 10 years, or a fine of Bt20,000 to Bt200,000, Norachit said.

No date has yet been confirmed for submission of the draft to the National Legislative Assembly.

“We have heard that Thai people have a say in who will represent them. [During my visit, Thai] ministers spoke of Thai democratic history.

“So, we’ll certainly encourage and support Thailand’s aspiration,” Australian Foreign Minister Julie Bishop briefed the media on Thursday.

Yesterday she met with Prime Minister Prayut Chan-o-cha, who told her his government has been proceeding according to its “roadmap to democracy” and seen gradual development, Deputy Government Spokesman Werachon Sukondha-patipak said.

Australia was among several Western countries expressing concern over the 2014 military coup led by Prayut. The junta seized control of the government and is still in power.

Prayut’s government has always rolled out the road map to reassure the domestic and international communities that it is determined to put the new charter in place and bring elections back to the country.

But the promised timeline has been stretched out at least three times by legal hiccups such as the failure of the first charter attempt and amendments to the second version.

Prayut has said the election should be coming next year, after the royal funeral for King Bhumibol Adulyadej and the mourning for the late monarch are over.

The constitution promulgated in April mandates four organic laws essential for elections to be completed within eight months and the election to follow in five months.

Bishop is stopping by Thailand from Wednesday till today before heading to Manila to attend the Asean foreign ministers meeting as a dialogue partner.

She has said she will underscore North Korea, South China Sea and terrorism issues.

Australia will also host the first Asean-Australia Special Summit next year.

Werachon said Bishop’s talks with Prayut touched on exchanging intelligence, countering human trafficking and updating the Thailand-Australia Free Trade Agreement.

They also discussed support for the innovation and creative industry in line with both the Thailand 4.0 economic initiative and the Ideas Boom strategy of Australian Prime Minister Malcolm Turnbull.

Another topic was the New Colombo Plan, which will bring more than 900 Australian students to live, study and intern here.

The plan is run in 14 regional countries and was launched in Thailand in 2015.

Prayut has extended an invitation to Turnbull as it has been almost two decades since an Australian premier has made an official visit to Thailand.

Thailand and Australia are celebrating the 65th anniversary of diplomatic ties this year.

It was the first hearing in the case after nine months of pre-trial detention of the accused.

The hearing was confidential and the court prohibited dissemination of the testimonies, according to the Thai Lawyers for Human Rights (TLHR).

Only the parents of the defendant and lawyers, besides Pai were allowed in the courtroom, the TLHR wrote on its website.

Pai has been accused of violating Section 112, the lese majeste law, as well as committing a computer crime after he had posted a BBC article deemed insulting to the monarchy in December.

Some 10 people were present around the court on Thursday to show support for the activist, TLHR said.