Wissanu said reports that Prayut had refused to sign the administrative order fearing a counter-suit were false.

The government-to-government rice deals were part of the Yingluck Shinawatra |government’s rice-pledging scheme that |was allegedly plagued with corruption, causing the state a loss of more than Bt500 billion.

Wissanu said the Council of State had |suggested that both Prayut and Commerce Minister Apiradi Tantraporn sign the order.

“The law states that the fact-finding panel is appointed by the minister of the ministry facing the most losses but it also states that in the case where the accused are ministers, the PM needs to endorse the setting up of the fact-finding panel. In this case the PM must also endorse the order,” he said.

Wissanu added that if the accused are former officials, they can appeal to the commerce minister, but if they are former ministers, they must appeal to the Administrative Court.

He also said the administrative order had not yet been delivered to Boonsong and the other five officials.

The order clearly identifies how much each of the six former officials must pay in compensation, he said. “As far as I know, Boonsong has been asked to pay the least amount as compensation. It is not that the six of them share the Bt20 billion loss equally,” he said.

Wissanu said the civil liability panel led by the Comptroller-General has not yet finished issuing the administrative order seeking compensation from former prime minister Yingluck Shinawatra. The statute of limitations in her case lasts until next February.

“Once the panel issues the order, the PM and the finance minister will endorse it. If Yingluck does not appeal against the order by the Administrative Court, officials can confiscate her assets with a statute of limitation of 10 years,” Wissanu said. He added that people might object to the confiscation on the grounds that the assets do not belong exclusively to Yingluck. Assets such as money in the bank, land or condominiums have registered owners, he said, but the owners of assets such as gems, jewellery and gold are more difficult to identify.

“We can confiscate assets that can change hands but may not get hold of all of the assets. There are many cases in which the state wins the court cases but cannot get hold of the assets,” |he said.

Former senator and rights advocate Jon Ungphakorn founded the paper in July 2004 with the aim of creating an independent media outlet. In January 2006, Prachatai was registered as a non-profit organisation called the Foundation for Community Educational Media (FCEM).

Director Chiranuch Premchaiporn told The Sunday Nation that some 80 per cent of Prachatai’s funding comes from domestic and international organisations with each contributing no more than 25 per cent of the share. The remainder came from the sale of online ads, merchandise and membership fees, she said.

Prachatai’s pro-democracy stance has landed it in trouble several times, due mostly to its articles that question undemocratic practices.

One of the early incidents was the forced closure of its web board in July 2010. Chiranuch explained that many web-board users faced charges of “damaging nation?al security” by violating the 2007 Computer Crime Law, the 2005 emergency decree and the lese majeste law.

Moves to suppress Prachatai intensified after the 2014 coup as the ruling National Council for Peace and Order (NCPO) monitors actions it deems as dangerous to national security.

Chiranuch said suppression has come in different forms.

They included threats from military officers against reporters last year as they tracked student activists from Dao Din group in the Northeast. These students were charged with defying an NCPO order.

Officers also came to observe and record events and seminars organised by Prachatai, even though the agenda was in no way related to politics, Chiranuch said. The events usually focused on other topics such as press freedom.

Last October, the NCPO called on Prachatai reporter Thaweeporn Kummetha and the editorial team to question them about certain reports deemed to be in violation of the lese majeste law.

Officers also visited Thaweeporn’s parents, urging them to talk their daughter into turning herself in before she faced an arrest warrant.

NCPO officers also blocked reporter Taweesak Kerdpoka from covering news about the eviction of local villagers, Chiranuch said.

Taweesak was also charged on July 10 for allegedly violating the Referendum Act’s Article 61, which prohibits the spreading of “false”, “rude”, “inciting” or “intimidating” messages regarding the August 7 referendum on the draft charter.

Taweesak was arrested along with three anti-junta activists who were riding in a pickup truck that carried leaflets containing anti-draft charter messages. The reporter had been travelling with activists to report on their activities. The four were released on a Bt140,000 bail each the following day.

On July 12, police raided Prachatai’s office in Bangkok to hunt for evidence against Taweesak, but nothing was found. Military officers have also been keeping an eye on the building Prachataioperates from, Chiranuch said.

In the face of intense pressure from authorities, the anti-junta group has insisted on continuing its very active campaign against the charter draft in the run-up to the August 7 referendum on the draft. Last Thursday, authorities ruled that some of the group’s previously-publicised printed material was illegal.

“Some of our materials have been the subject of debate and they [authorities] say it violates the referendum law. Still, we will keep moving against the constitution draft,” NDM key member Rangsiman Rome said yesterday.

“And we have come up with a new document which will be launched [today]. It’s just a few weeks before the referendum.”

Election Commission member Somchai Srisuthiyakorn and the Constitution Drafting Commission said on Thursday that NDM’s booklet “Seven Reasons to Reject the Charter” violated Article 61 of the referendum law and recommended that the group stop disseminating the content or face a punishment of up to 10 years in prison, a fine of up to Bt200,000 or both.

Asked whether he had any concerns, Rangsiman said there was nothing left for him to worry about because he had already learned everything. However, he is afraid that the state’s measures against the NDM will hurt the public.

“Instead of just banning our booklet or leaflet, they should argue why our information is inaccurate,” he said. “They can exchange their views with ours constructively so that the people could listen and decide which side to take or how to vote in the referendum.”

As the August 7 referendum approaches, both supporters and opponents of the draft are attempting to persuade voters how to vote. Since last week, there have been several reports of the dissemination of a false constitution and anti-charter letters, which has been of concern to authorities.

However, Deputy Prime Minister Wissanu Krea-ngam remarked yesterday that the anti-charter documents could not influence voters.

“I believe now people have already decided how they are going to vote, though many haven’t read or even received the draft,” he said.

Wissanu also did not express concern that a low voter turnout for the referendum could affect the legitimacy of the vote. “Even if the margin is just a few thousands, winning is winning,” he added.

In a related development, ambassadors of all 20 country member states of the European Union, together with the United States and Canada, jointly endorsed a statement on Friday calling for an open discussion on the charter draft before the referendum takes place.

National Council for Peace and Order spokesman Colonel Piyapong Klinphan said the international community understood the current circumstance in Thailand and that keeping peace and order was necessary.

He insisted that the NCPO had done nothing to infringe on the rights and freedom of the people. Rather, authorities have only tried to fulfil their tasks in accordance with the law, he added.

The NCPO allows free movement and expression so long as it is legal, Piyapong stressed.

He said the pressure being applied on Thailand by the international community could be the result of countries receiving inaccurate information about the situation in the Kingdom, adding that it was not difficult to correct that.

The number of people killed during an attempted coup in Turkey rose to 265, with government forces and civilians accounting for 161 of the deaths, Prime Minister Binali Yildirim said.

The remaining 104 deaths are on the side of the coup plotters, the government said.

Yildirim said 1,140 people have also been injured. The government has detained 2,839 military personnel, with the number of arrests expected to rise.

Aerial bombings, military blockades and clashes between mobs and armed forces were reported overnight across Turkey after an arm of the military announced it was seizing power to restore order.

Hakan Fidan, head of the country’s National Intelligence Organisation(MIT), said that missions to remove the putschists would continue for some hours in isolated cases.

President Recep Tayyip Erdogan launched an operation to purge the armed forces of traitorous elements early yesterday, hours after a branch of the Turkish military announced it was seizing power to restore order.

The military made large-scale deployments in Ankara and Istanbul, shutting down key bridges and taking control of Istanbul’s Ataturk International Airport.

Erdogan appeared on broadcaster CNN Turk calling for people to take to the streets to protest the rebellion. The uprising appeared to have been largely crushed after aerial bombings, military blockades and clashes between mobs and armed forces were reported overnight across Turkey.

Meanwhile, a Turkish military helicopter landed in Greece yesterday carrying eight men who were seeking asylum after a coup bid, Greek police said.

The Black Hawk helicopter landed after sending a distress signal to authorities at the airport in Alexandroupolis in the country’s north.

Seven of those on board were in military uniform and all are believed to have been involved in the attempted putsch, ERT TV said.

Turkey’s Foreign Minister Mevlut Cavusoglu said Ankara had asked Athens to send back the eight coup plotters.

“We have requested Greece to extradite the eight traitors as soon possible,” Cavusoglu was quoted as telling HaberTurk television.

According to an official in the Greek National Defence General Staff, “the helicopter is scheduled to be sent back immediately to Turkey”.

Greek Prime Minister Alexis Tsipras early yesterday expressed his “support for the democratically elected” Turkish government.

Turkey’s regional allies yesterday condemned a deadly but foiled coup attempt by a faction of the army against President Recep Tayyip Erdogan’s rule.

Key regional powers Iran and Israel, which have both had strained relationships with Erdogan’s government, condemned the putsch that began late on Friday night.

Iranian Foreign Minister Mohammad Javad Zarif spoke with his Turkish counterpart three times since the crisis began.

On Twitter, he hailed the Turkish people’s “defence of democracy and their elected government” which he said “proves that coups have no place in our region and are doomed to fail”.

“Deeply concerned about the crisis in Turkey,” Zarif tweeted late on Friday.

“Stability, democracy and safety of Turkish people are paramount. Unity and prudence are imperative.”

Israel, which last month approved a deal to restore ties frozen after a deadly Israeli raid on a Gaza-bound Turkish ship in 2010, also condemned the coup attempt.

“Israel respects the democratic process in Turkey and looks forward to the continuation of the reconciliation process between Turkey and Israel,” said foreign ministry spokesman Emmanuel Nahshon.

With the exception of Qatar, Iran’s Arab foes in the Gulf made no comment on the events in Turkey besides advising their citizens to stay off the streets.

In a telephone call with the Turkish leader, Qatari emir Sheikh Tamim bin Hamad al-Thani “congratulated [Erdogan] on the support of the people of Turkey on his rule against the failed military coup”, the official QNA news agency reported.

Sheikh Tamim “strongly condemned this failed attempt and voiced … solidarity with Turkey … in all measures it takes to protect constitutional legitimacy, enforce the rule

of law and preserve its security and stability.”

Gas-rich Qatar is Erdogan’s closest Gulf ally, sharing his sympathies for the Muslim Brotherhood that formerly ruled Egypt and which is outlawed in other Gulf Arab states.

Turkey has recently obtained several compromises from Israel over Gaza including authorisation for Ankara to build a hospital.

Erdogan called on his supporters yesterday to remain vigilant, warning of the risks of a fresh flare-up of violence even as his forces regained control.

The Technology Crime Suppression Division decided to drop the detention request filed with the military court after police chose not to pursue charges of lese majeste and computer crime against her, the Thai Lawyers for Human Rights said.

Patnaree was accused of failing to stop a man from posting messages deemed offensive to the monarchy on her Facebook page. After being charged she was released on bail.

The lawyers’ organisation said on its website yesterday that police would, according to legal procedures, file their opinions on the case to the prosecutor, who would then decide whether charges should be pressed against Patnaree or if they should be dropped.

FIVE media groups yesterday called on the junta chief to review his order issued on Thursday giving the broadcast and telecom regulator absolute power to shut down media outlets without the right to appeal.

The National Press Council of Thailand, News Broadcasting Council of Thailand, Thai Journalist Association, Thai Broadcast Journalists Association, and Society Online News Providers warned that restriction of media freedom and the people’s right of expression at this time could result in a lack of legitimacy for the upcoming referendum on the draft constitution. This could make the referendum result unacceptable to people both inside and outside the country, they said in their joint statement.

The groups warned that the junta’s order could result in restriction of the rights and freedoms of the majority of media outlets that perform their duties under the legal framework and code of conduct.

They said the relevant authorities, particularly the National Broadcasting and Telecommunications Commission (NBTC), already had the legal authority to deal with any lawbreaking media outlet.

The group issued a four-point statement after discussions in response to Thursday’s order.

On Thursday, Prime Minister Prayut Chan-o-cha, in his capacity as chief of the National Council for Peace and Order, issued an edict granting absolute power to the NBTC to order outlets to shut down without the right to appeal.

General Prayut issued Order No 41/2559 on the supervision of the dissemination of news and information to the public. He exercised his power under Article 44 of the post-coup interim charter.

The order assigns the NBTC to monitor broadcast media for airing reports deemed detrimental or a threat to the political system, national stability or public morality.

In their joint statement, the five media groups also urged the NBTC to exercise its power as an independent organisation that is free from any political interference.

They also expressed concern that the latest order by the junta chief signalled there could be further attempts to interfere with the media and restrict media freedom.

Meanwhile, Deputy Prime Minister Wissanu Krea-ngam yesterday said Prayut‘s order was aimed at encouraging the NBTC and its regulating committees to deal in a more decisive manner with media outlets that present false information and insult the monarchy.

However, no punishment will be meted out for leaflets distributed in the past, Somchai said, and the group will be given the benefit of the doubt, as its real intentions are not clear.

“We don’t want to create any more tension. So, no charges will be pressed over past actions,” the commissioner said.

The leaflets as well as an online infographic featuring seven problematic points concerning the draft charter had been circulated by the NDM for a couple of months after the draft was completed in early April.

Apart from these leaflets, the group has printed other anti-charter material including “Counter Arguments of the Constitution Draft”, which came in the spotlight when chief drafter Meechai Ruchupan declared it to be a “fake booklet”. He said the explanatory booklet looks similar to the booklet issued by the Constitution Drafting Commission (CDC) and some say it may cause confusion.

Somchai said he does not think the “counter-argument” booklet violates Article 61 of the referendum law, which prohibits the spreading of false, vulgar, inciting and intimidating messages. However, he said, it could still be in breach of the criminal law, as some of the content can be considered defamatory. However, he added, this was not under the EC’s jurisdiction.

The CDC, on the other hand, has not taken an official stand on whether the booklet contains any information that distorts the draft charter and has yet to decide what action should be taken against the group. However, CDC spokesman Norachit Sinhaseni said a subcommittee has reported that some of the content distorts the draft charter.

Violation of the referendum law’s Article 61 is a crime punishable by up to 10 years in prison and fines of up to Bt200,000.

As for the thousands of anti-draft charter letters found circulating in Chiang Mai and Lampang this week, Somchai confirmed they were illegal and contained distorted facts about clauses related to state welfare schemes such as universal healthcare, free education and pension for the elderly. Though refusing to say exactly what was included in the letters, he said the local EC office has already filed complaints with the police, which is investigating the case.

CDC chief Meechai has also expressed concern about the spreading of false information, but said he was more determined to complete his job of ensuring that people have the right information ahead of the August 7 referendum.

He said drafters could tolerate different views on the charter, but would not accept distortion of facts, adding that if the group really cares about the people, then it should not lie to them. If this is being done by politicians, then it is a clear sign that politics in this country is underdeveloped and can be dangerous in the future.

Apart from that, the election commissioner and the CDC also resolved yesterday that they would provide more space for the opposition to voice its opinions in relation to the draft charter.

Somchai said he had called on a TV station to produce a show for both opponents and supporters of the draft to air their views so voters can have more information before deciding in the poll.

This move was in response to heavy criticism that the EC-sponsored programme broadcast on more than 20 channels did not provide opponents enough time to air their views.

However, Somchai said, that four of the 10 future episodes would feature those who are critical of the draft charter.

In response to complaints that the draft charter has not reached voters in many areas and many people are still not able to access it online, Somchai said the entire copy of the draft charter will be printed in three key newspapers during the weeks before the referendum on August 7.

In a related development, two pro-democracy groups yesterday met with the authorities to ask for a platform to voice their opinions and permission to launch a free and fair campaign.

The Thai Academic Network for Civil Rights met Somchai in the morning, while NDM submitted a letter to Meechai in the afternoon.

Meanwhile, the Supreme Administrative Court has rejected a petition from the Internet Law Reform Dialogue (iLaw) that sought to annul the EC’s regulations on the expression of public opinions in the run-up to the referendum, the court said in a press release yesterday.

 

Wissanu said the move was unlikely to have a detrimental effect as the outgoing chief ombudsman, Siracha Vongsarayankura, could continue in the job.

The selection “may result in a grave impact”, he said. “If we can suspend it, grave consequences will not take place.”

The selection process for the new chief ombudsman had been conducted after Siracha’s term ended on April 5.

The selection committee proposed Rewat Visarutvej to replace Siracha but in the subsequent National Legislative Assembly (NLA) vote there were 66 votes in favour of the nomination and 66 votes against it, with 24 votes to suspend the selection.

Rewat re-applied for the position, with the selection committee voting 30 times amid heavy criticism before finally re-nominating him for the post on July 5.

Prayut invoking the all-powerful Article 44 of the junta-imposed interim charter has also suspended the selection process for the Election Commission members, Constitutional Court judges, and members of the National Anti-Corruption Commission and National Human Rights Commission.

The order to cancel the selections was announced in the Royal Gazette on Wednesday. The military’s ruling National Council for Peace and Order (NCPO) said that as the referendum on the charter draft was yet to occur, selections should be suspended to ensure effective reform in the five constitutional agencies.

Wissanu said that if any other top positions in the agencies became available before the charter issue was sorted out, such as someone dying, current staff in the agencies could carry out the duties.

The order to cancel the selections will be nullified after the new charter is promulgated or there are orders otherwise, Wissanu said.

Asked why he believed that the selection of the ombudsman would result in “grave incidents”, he said: “If you had gone to [witness what happened with the selection process at] Parliament, you would realise that the matter is so gigantic that should never had happened.”

A source said Prayut decided to suspend the selection process after a group from pre-cadet Class 12, his old classmates, told him about the division Rewat’s nomination had caused in the NLA.

Rewat’s supporters include military and police officials who form a network of generals in the NCPO. His opponents are military generals who were in pre-cadet Class 12, bureaucrats and academics who believe he is close to the red-shirt movement.

NLA whip spokesman Dr Jetn Sirathranont said the assembly would discuss the selection process of the ombudsman because the NLA had finished checking the background and qualifications of Rewat for the post.

Jetn said that after the NCPO chief ordered the suspension of the selection process for the five agencies, he believed the NLA must stop the process.

He said that although the order stated that Sriracha could continue in his post, he would turn 70 years old on September 19. According to the interim charter’s organic law on ombudsmen, they must step down after turning 70.

However, the order stated that until the new charter is promulgated, the five independent agencies could continue to be operated by existing staff. After September 19, the Office of the Ombudsman will have two ombudsmen, General Viddhavat Rajatanun and Boon Tapanadul.