The three Pheu Thai Party politicians – former Lamphun MP Rangsan Maneerat, former Lampang MP Sompoch Saithep, deputy mayor of Tambon Banthi in Lamphun, Parinya Kaowat – were escorted on Wednesday from Fort Kawila for detention at the 11th Army Circle. The three were questioned by Pol Colonel Iyarat Kamolrattana after police found evidence linking the three to letters that allegedly “distorted contents of the charter draft”, which were found in Chiang Mai, Lamphun and Lampang.

Pheu Thai Party caretaker leader Pol Lt-General Viroj Paoin, secretary-general Phumtham Wechayachai and other key figures were told by military officials at the 11th Army Circle that the three men could be detained for seven days.

Viroj criticised the arrest of the three as inappropriate. “The referendum has already been held, the government should relax regulations. These three did not threaten national security but only aired different views,” he said.

Phumtham demanded that the government immediately clarify what charges the three faced.

He said now that the referendum was over, charter draft opponents should be allowed to express their varying views.

Fourteen Pheu Thai politicians, including Chiang Mai Provincial Administrative Organisation president Boonlert Buranupakorn, are standing trial in military and civilian courts on charges of sedition, criminal organisation and for violating the referendum law after police found evidence linking them to letters “distorting charter draft content” in Lamphun, Lampang and Chiang Mai.

Pheu Thai key leader Wattana Muangsuk posted a message on his Facebook page, saying Rangsan was arrested by the junta, which exercises its power under Article 44, after he criticised the charter draft over the universal healthcare service, free education of secondary school students and welfare for seniors.

He said newspaper columnists and government supporters could freely give their comments without being intimidated and investigated but Rangsan and two others are facing charges of committing threats to national security. “They were arrested without warrants and were not granted bail and tried in the military court,” he said.

Wattan said Article 265 of the charter draft stipulated that the National Council for Peace and Order would still be able to take recourse to Article 44 to exercise absolute power. “When the draft passes the referendum, the council then cites its legitimacy to use this power to press charges against anyone without arrest warrants,” he said.

“The council should cancel any order that deprives people of human rights guaranteed in the charter. Trying civilians in the military court must be stopped since it is against the rule of law. Instead, the normal justice system should be used,” his statement said.’

NCPO spokesman Colonel Piyapong Klinpan rejected the call for the unconditional release of 14 suspects who have been detained in connection with their referendum campaigns, saying the suspects would be treated in accordance with legal procedures.

“There has been no human rights violation and now the cases are under the justice system,” he said.

The Pheu Thai Party issued a statement calling for the release of “the detainees who had different views on the draft constitution, as the referendum is now completed so the ongoing procedures against these persons should also cease”.’

The party referred to 14 Pheu Thai politicians led by Boonlert.

“We know that some of those in detention are not well due to ill health. In detaining these persons, practices on human rights and humanitarian principles should be given the highest priority,” the statement said.

Jatupat, 25, also known as “Phai Daodin”, was arrested on Saturday in Chaiyaphum along with Wasan Prommanee, 20, another activist from the New Democracy Movement (NDM).

They were charged with violating the Referendum Act and resisting an official order after they refused to be interrogated or sign documents in connection with their arrest.

Wasan was later released on bail of Bt150,000, but Jatupat did not request temporary release.

“A hunger strike is a show of civil disobedience that is acceptable universally,” Angkhana said. “Phai Daodin is staging a hunger strike because he believes he is doing the right thing. But he also has to be concerned about his life.”

She also urged public prosecutors not to pursue the case against the arrested activists. “They are not criminals and their case stems from their opinions that differ from that of the government and most people in the country. This case should be dropped for the sake of reconciliation,” she said.

National Council for Peace and Order spokesman Colonel Piyapong Klinpan said yesterday that a medical examination would be conducted if Jatupat has a health problem.

“There should be no worries. Authorities provide care and attention to him while in detention. There is food, medicine and daily necessities for him. We take good care of him,” Piyapong said.

In the big picture, the politics will be similar to the 1968 Thanom Kittikachorn era, he said at a symposium titled “Significance and Directions of Thai Politics after the Referendum”, at Chulalongkorn University’s Faculty of Political Science yesterday.

Thanom came to power and became prime minister in 1963, reappointed himself PM after an election in 1969, and staged a coup against his own government in 1971 to retain power. The field marshal was in power as PM for 10 years.

Surachart explained that the additional question that passed Sunday’s referendum was in part bringing the country back to the pre-1992 phase.

At that time, the prime minister was not an MP, which finally prompted the “Black May” uprising.

The constitution draft was similar to the 1978 constitution, he said. The era was called “quasi-democracy”.

Surachart called the current situation facing the country after the referendum: “Democracy on an Unpaved Road”.

Apart from that, the referendum results also show how the conservatives are making a comeback and beating democratic forces, going in the opposite direction from the rest of the world, he said.

The democratic trend worldwide is getting very strong with only three countries, including Thailand, in the past 10 years encountering successful coup d’etats, he said.

Thailand, more than the others, has had two power seizures in the last decade. Surachart explained that it was because the conservatives had been rebuilt and strengthened by strong political propaganda. He added Sunday’s referendum in which the junta-backed charter was approved was not a victory for the National Council for Peace and Order (NCPO) but for conservatives who did not like politicians and elections.

However, the expert encouraged pro-democracy people not to be disheartened. “It is just that the democratic wing is not strong enough for now,” he said.

Siripan Noksuan Sawasdee, a political scientist also from Chulalongkorn University, said it was likely that the people would always vote to approve whatever question was posed in a referendum.

The culture is mostly dominated by submissive conservatives who do not like disorder and would always comply with the state, she explained.

While many pro-democracy figures were complaining that the anti-charter camp did not have the same opportunity to campaign when the state had resources to promote the draft, Siripan said the state mechanism should be looked at in a broader way.

“The state has the capability to send different messages to different groups be it the urban middle class or rural farmers. And these messages have been sent very effectively,” the expert said. “Those in the rural areas would receive the message on how voting for the charter would bring about an election. Meanwhile, those in the urban areas would hear about order and peace.”

She said irrespective of who was in power, the state would always win a referendum because of the nature of the people.

Looking ahead to the future, Siripan said the organic laws should be in focus, especially now that the news of resetting politics were circulating.

“If all parties are wiped out, it will be very easy for politicians to regroup. We will see new parties including ones like the one Paiboon [Nititawan] is trying to promote,” the political scientist said. “And only 125 MPs together with 250 senators could successfully select a prime minister.”

She added that 125 MPs were not hard to obtain given the new electoral system, which would allow ballots to be counted towards party-list MPs.

Siripan said the two big parties must cooperate to redirect future politics.

Constitutional law expert Pornson Liengboonlertchai, meanwhile, said the 2016 constitution may not live long.

He said in modern days, the supreme law tended to have a shorter life because it could not keep pace with the fast-paced changes of society. To fix the problem, Pornson pointed out that charter amendment should not be made difficult or it would not be able to keep up with society’s pace.

Also, he said constitutions usually live shorter than their prototype. For Thailand, Pornson said the prototype was the 1997 Constitution. Its successors borrowed a lot of most of the political structure such as the independent agencies from it, he added.

He said the 1997 charter lived for nine years and the 2007 had seven years of longevity. It was highly possible that the 2016 constitution would last five years, unless amending the charter was made easier, the expert said.

Prime Minister Prayut Chan-o-cha has refused to respond to Paiboon Nititawan’s move to establish a new party, saying the matter did not involve him because it was a political issue. “I am not a politician, so I will not answer,” he said.

The prime minister added that it was not the right time for new parties to be set up. “The new charter is not yet in place and political bans have not yet been lifted.”

Meanwhile, members of the now-defunct People’s Democratic Reform Committee (PDRC) have distanced themselves from the planned establishment of a new political party that has the stated goal of driving reforms.

Announcing the proposed new party, former senator Paiboon said the People’s Reform Party’s mission would also be to mobilise support for the “the best and most suitable person” to become prime minister. He added that in his personal opinion Prime Minister General Prayut Chan-o-cha was the best person for the job.

Akanat Promphan, secretary of the Great Mass of the People for Reform of Thailand Foundation, who was a key leader of the PDRC, said Paiboon, who was also part of the PDRC, had not asked his group to join the new party.

Akanat said former members of the PDRC were not yet ready to decide if they would get involved. “Paiboon is a good and honest person. Our group has not thought of elections as we want to push for reform first,” Akanat said.

Democrat Party politician Witthaya Kaewparadai, another former PDRC member, said the idea ofa new party was the personal idea of Paiboon and other former members of the movement had nothing to do with the plan.

“The PDRC group has no plan to set up a political party. Paiboon has the right to support anyone to be the next PM,” Withaya said.

The PDRC, which staged the infamous “Bangkok Shutdown” rally to oust the Yingluck Shinawatra government, was dissolved after Prayut staged the 2014 coup.

Meanwhile, key red-shirt leader and Pheu Thai Party politician Nattawut Saikua said the planned new party was an attempt by the “dictatorship side” to hold on to power. He said the “democracy side” needed a political party that fought alongside the people.

He also said that Pheu Thai insisted on adhering to democratic principles and was ready to be in the opposition after the election.

“At this stage, Thailand needs to choose if we want to move forward with dictatorship or democracy. And we have to be clear if we will trust elected politicians or appointees,” he said.

“If Pheu Thai is sincere with its [principles], what happened in Mynmar could happen [in Thailand] in the next election. But if every party wants to share dictatorial power, it will be sad for Thailand.”

Nattawut added that he did not want to argue with Prayut, who has insisted that the referendum was carried out according to international standards. “The international reactions showed that they do not believe that,” he said.

Democrat Party leader Abhisit Vejjajiva said everyone had the right to set up a new party but it had to adhere to the new regulations regarding political parties, which have not yet been written.

He also dismissed concerns that some Democrats may defect to new parties.

“New parties can be established any time. We must give the Constitution Drafting Commission the chance to lay down guidelines first,” the former prime minister said.

Members of the Constitution Drafting Commission (CDC) cannot hold political positions for two years after the new constitution comes into force, the charter draft stipulates.

Meechai’s clarification dealt with the additional question that empowers the unelected Senate to join the Lower House in selecting prime ministers, which was approved as part of the military-backed referendum on Sunday.

There has been concern that the other two “rivers of power”, the junta-appointed National Legislative Assembly (NLA) and the National Reform Steering Assembly (NRSA), should not sit in the Upper House. It was the NLA that proposed the additional question in the referendum to allow the selected Senate to jointly select prime ministers for five years after the charter is enacted.

Meechai said the requirement for Senate candidates to resign from positions in the NLA or NRSA was to prevent “any possible conflict of interest”.

“They should not be writing regulations regarding Parliament when they are going to be in it in the future. Also, if they are to resign from their posts, how do they know whether or not they will be selected [by the junta to stand in the House],” he said.

Prime Minister Prayut Chan-o-cha has said he hopes the process could be completed within two months. Meechai responded yesterday that drafters and related agencies would try to meet that deadline, but he added the task is not easy because there are four laws to write.

He said there are issues that require caution and time to figure out before they could be dealt with, including matters regarding the Senate and House of Representatives, which involve new electoral methods.

Independent agencies such as the Election Commission would also be involved in writing the laws, he said.

Meechai said he does not see the need to reset politics by dissolving all political parties, but he does not rule out the option.

“[The parties] would not be equal with a reset. No matter what, each of them still has their base of supporters,” he said, adding he was open to further input on the issue.

Democrat Party leader Abhisit Vejjajiva said that if the political parties are to start anew, they should be institutionalised and truly belong to members.

“The CDC should be left alone to work and reflect on what rules a political party law should have. [Drafters] have to figure out what would bring about the best political parties because we want them to truly belong to the people,” the former prime minister said.

Meanwhile, representatives of the charter drafters plan to meet foreign ambassadors in Thailand today regarding Sunday’s referendum results. Meechai said they want to convey a message that Thailand has never interfered in other country’s internal affairs and it hoped that other countries would do the same.

Srisuwan said the EC’s actions while managing the referendum may have violated the 2004 interim charter and the 2016 Referendum Act.

The petition said the EC printed only 1 million copies of the draft charter, failing to sufficiently distribute the charter draft to every household to reach the 50 million eligible voters, violating the interim charter and the Referendum Act, which stipulates that the EC must “fairly” manage the referendum.

The EC also allowed the government and the National Council for Peace and Order to block charter draft opponents from voicing their viewpoints and threatened to arrest them, but allowed draft supporters to freely express their opinions, the petition alleged.

The complaint also said the EC quickly announced unofficial results even though there were irregularities at some polling stations.

The EC also allegedly failed to properly design ballots because one ballot was used for two questions, confusing voters, Srisuwan’s petition stated.

Last, the new ballot boxes were made of plastic and were broken during strength tests, proving that the containers were not durable as required by the EC regulations, the petition stated.

Srisuwan said the NACC must take legal action and seek impeachment proceedings against EC members if it finds grounds to the accusations, adding the Constitutional Court should then nullify the referendum result and organise a new referendum.

PRIME MINISTER Prayut Chan-o-cha has reminded the public that he will still have absolute powers under Article 44 of the post-coup interim charter, even though a new constitution will be in place in a few months.

In his national address last night, General Prayut said he would employ his powers when necessary to safeguard national security and peace.

The PM said there are people “who remain dissatisfied with this state of peacefulness, who persist on damaging the country and even our highest institution, all for their own personal gain, through the use of online media and information sent from abroad.”

He said, “At least the authority of the NCPO remains, as does the availability of Article 44, for the time being. So I call on those who still wish us harm, to respect the laws and the will of the people, as expressed through the August 7 referendum.”

A transitory clause of the draft charter, approved by a majority in Sunday’s referendum, means the National Council for Peace and Order (NCPO) will still be in power until a new Cabinet is formed after the next general election. It also allows General Prayut, as head of the NCPO, to retain all the powers and duties given to him under the provisional charter.

The new constitution is expected to be in place in late October or early February.

“The promulgation of the new constitution is a promise that the general elections will be held in about a year from now. In the meantime, the government and the Thai people have the responsibility to work together to maintain peace and carry on with national development,” Prayut said.

The international community, led by Western powers, earlier called for relaxation of the restrictions on rights and freedoms before the next election.

General Prayut also reiterated that the next general election would be held “about a year from now”.

He called for continued cooperation from the public in maintaining the country’s peaceful atmosphere, especially in the lead-up to the general elections.

He urged all parties involved to accept the results of the referendum, in which almost 60 per cent of the 50 million eligible voters turned out.

“Let us set aside our differences for now and move forward together to confront the complex challenges that lie ahead of us, in making progress, reforming our country, doing away with our conflicts, and reconciling with each other under a new set of rules and regulations,” Prayut said.

Meanwhile, the NCPO yesterday called on all parties to accept the decision of the people in Sunday’s referendum.

“This was not about winning or losing. The result reflects the people’s demand and all the sides should respect the referendum result,” NCPO spokesman Colonel Winthai Suvaree said.

He said that those who have used political rhetoric to question the vote result could be viewed as failing to respect the majority’s decision.

Chompunut Chalieobun, coordinator of We Watch, said the watchdog’s volunteer observers found that six stations in Chachoengsao province counted votes at a coordination centre at the district level rather than at polling stations as stipulated by EC guidelines.

She added that an individual in Phuket voted on behalf of someone else, and staff at a polling station in Bangkok’s Jomthong district did not lock ballot boxes before voters inserted their ballots.

The problem at Jomthong was fixed after observers pointed out the problem, although Chompunut asked, “What would happen if the observers were not there?”

Without identifying the locations, she also said some polling booths were preparing to count votes before 4pm when the stations were scheduled to close. Observers stepped in and asked staff to follow the rules and start counting after 4pm, she said.

In a polling station in Kalasin province, she said, the number of ballots counted was different from the number of people who voted. Staff did not perform a recount, Chompunut said.

She said two stations in Bangkok were moved to different locations without notifying voters and staff at a dozen polling booths did not read aloud the names of voters when they registered as the rules specify.

Staff at many stations, including in Bangkok, did not show the ballots to the public when they were being counted.

Security officers stationed at some polling booths probably influenced voters, the watchdog coordinator said, adding that the public is inclined to question the transparency of the voting process because no domestic agency or group was accredited to observe the referendum.

The EC should have acted neutrally and educated voters on the content of the draft before the vote to promote a free and fair referendum, Chompunut said.

Meanwhile, EC member Somchai Srisutthiyakorn yesterday said |he would ask the commission |to recount votes cast at a polling booth in Muang Phitsanulok district of Phitsanulok province after a social media video clip showed that |staff did not show ballots to |people witnessing the counting process.

Voting guidelines stipulate that polling staff announce the votes and show the ballots to eyewitnesses before forwarding the ballots.