Benjarat Meethien said that she had suffered intimidation by police and military officers after she filed a petition against authorities under the National Council for Peace and Order (NCPO) for dealing with a case involving her client.

In her letter submitted to the EU last week, the lawyer reported that the NCPO and authorities treated people unfairly.

She also asked the EU to pressure the government to move detainees out of the temporary prison at a Bangkok military camp, claiming that they suffer from poor treatment and tough conditions.

In December, the lawyer petitioned the United Nations but she discovered that no progress was made.

Benjarat said in late November she was threatened by unnamed authorities who were in a team investigating her case. They wanted her to withdraw her petition against certain authorities.

She claimed that she was detained by military officers for two hours. She also saw police and military officers walking near her house, she added.

“Even when I went to court for another case that I was dealing with, they followed me and waited for me for hours. The prosecutors there also witnessed this,” Benjarat said.

The lawyer filed petitions against police and military officers involved in the issuing of an arrest warrant for her client, red-shirt activist Thanakrit Thongngernpherm.

Thanakrit was accused by the authorities of involvement in an alleged plot to stage violence during the “Bike for Dad” cycling event last December. The lawyer said her client was in Khon Kaen prison at the time and therefore was not involved in the alleged plot.

Weeks after she filed the petition, the officers involved sued the lawyer for defamation. In response she lodged a counter-suit against the officers for making a false accusation.

Work from home fraud, Internet auction scams and fake bank email scams are the top three scams in Asia, according to Telenor Group’s recent Internet scams study.

The multi-market survey assessed the impact of scams on 400 Internet users aged 18 up to over 65 in Singapore, Thailand, Malaysia and India, and was conducted to provide a better understanding of the common online scams.

With 71 per cent of respondents admitting to being an Internet addict, the results show that Internet scams are a big concern to Asian consumers. And now with the rise of mobile broadband, consumers in Asia consider themselves three times more likely to fall victim to a scam on their smartphone than in person.

Many net consumers are now aware of email frauds such as “official representatives” from a foreign government offering millions of dollars in return for an upfront fee. New scams are born every day and it’s important to assess the landscape of today’s online deceptions.

Certain scams are more common than others and the study revealed that most result in an average financial loss of US$9,900 (Bt345,000) per scammed individual across the four markets.

The top five scams most frequently encountered in Asia are work from home fraud, Internet auction, fake bank emails, online dating and identity theft.

Work from home fraud is a scam where users are either fooled into paying someone online to help them start a business, only for nothing to materialise, or are tricked into completing work on their computer but never receive payment.

Internet auctions are where an online item is purchased, but once the scammer has received payment they do not deliver the purchased item.

Email scams involve emails that are carefully crafted to look nearly identical to those used by banks, with people lured into providing their private customer information.

On dating websites con artists earn the trust of their victims to steal personal information or money.

Online actions fraudulently acquire and use a person’s private identification information, usually for financial gain, through fake websites and emails.

Across the region, males and females have similar attitudes to staying safe online and are equally likely to feel in control. But women are more careful about their email security. They are more likely to delete anything suspicious, and they tend to give their email address to only close friends.

Men invest in software, make sure they research the risks thoroughly and are more likely to say they browse privately to stay safe from scammers.

Help lines are noted as the most relevant tool in helping victims of Internet scams, followed by educational campaigns to share information about preventing scams.

The top five methods most frequently used in Asia to help prevent personal risk to online scams include deleting suspicious emails, ignoring advertisements and offers that appear too good to be true, and updating anti-malware software. The other methods are undertaking online research about scams, and sharing knowledge and preventive ideas on the issue with friends and family through social media.

NLA members voted 153-0, with five abstentions, to support the draft law in principle.

A 21-member ad hoc committee was set up to look into the bill in detail, in preparation for further deliberation by the assembly.

Deputy Prime Minister Wissanu Krea-ngam told the NLA during yesterday’s meeting that the bill was drafted by the Election Commission and based on the 2009 Referendum Act, related EC announcements and regulations, and suggestions from relevant state agencies.

Wissanu, who is in charge of the government’s legal affairs, said at the meeting that he had talked with EC members and it was agreed that the referendum should be held in early August. He said clear rules and regulations were needed for holding the national vote, and therefore a new law specifically for this was necessary. The law also specifies penalties against offenders, such as individuals who attempt to obstruct the voting.

Many NLA members took to the floor to debate the bill. Some of them raised concerns that some clauses in the draft law might contradict the amended version of the post-coup provisional charter. Wissanu told the NLA meeting that the law was only for this referendum on the draft charter.

“I believe that the EC did their best in drafting this law. But because of time restraints, the EC may need to revise it a bit so it’s compatible with the amended interim charter. The EC had only seven days to complete the bill’s drafting,” Wissanu said, adding that the Cabinet forwarded the bill to the NLA without making any revisions.

He said the Council of State, the government’s legal-advisory agency, was not assigned to examine the draft law because the process would be time-consuming.

Wissanu said the ad hoc committee would improve the original draft based on suggestions made by NLA members yesterday.

Wissanu attended the National Legislative Assembly convention on the proposed referendum bill at Parliament yesterday before having lunch with CDC chief Meechai Ruchupan.

The deputy PM declined to disclose whether they had discussed the National Council for Peace and Order’s contentious proposals including having appointed senators, joking that he should not be interviewed as Prime Minister Prayut Chan-o-cha had said he did not want Cabinet members to talk about politics.

Asked whether the NCPO’s proposals could be deemed an attempt by the junta to cling to power, Wissanu said he did not know.

But he said that no matter how the constitution draft was written, those who were biased would always be biased, meaning some people would always regard the constitution as a way for the current military-led regime to retain power.

As such, Wissanu said the draft was aimed more at those who were impartial to its content.

Asked whether Meechai had expressed any frustration towards the NCPO’s proposals, the deputy PM replied that the CDC chief did not say anything about that, adding: “He was being very patient.”

The NCPO said that its charter-draft recommendations, signed by its secretary-general General Theerachai Nakavanich, were the result of the crisis facing the country before the May 2014 coup.

The country’s four “rivers” of power are concerned the country might return to such a state again. Thus they agreed that special rules should be stipulated in the constitution’s provisional clauses and applied during the five-year transitional period following the next general election.

The recommendations include a 250-member non-elected Senate, including six seats reserved for the heads of the Army, Navy, Air Force, Joint Armed Forces and police as well as the Defence Ministry permanent secretary. The NCPO also wants the government’s top jobs not limited to members of House of Representative, those backed by political parties or people named on the three-candidate lists.

Wissanu said the CDC did not have to implement the junta’s recommendations and everyone, including NCPO members, would go to a polling station to vote for or against the charter in the referendum.

He said there were two sides of the coin for the junta’s controversial proposal to allow senators to vote in a non-confidence motion against the government.

If the government had good governance but was attacked, the Senate could help rescue it. On the other hand, if a Parliament-majority government was corrupt and went against the public will, the Senate could help deter such a government.

He denied that members of a selected Senate would be the NCPO’s puppets as it would depend on who was chosen to sit in the upper house. Meechai said he did not discuss anything regarding the charter draft with Wissanu, saying they just had lunch.

The CDC will decide on whether to accept the NCPO’s proposals on Monday. In the meantime, they want to hear public feedback on them, Meechai said.

A spokesman of the former PDRC, Akanat Promphan, accompanied by former committee member Thaworn Senniam went to Government House to submit their request.

Earlier this month, the Election Commission (EC) submitted a resolution to the attorney-general accusing 234 people including the PDRC of obstructing the election, as well accusing Yingluck of failing to hold the general election successfully. The EC would sue the PDRC and Yingluck for Bt2.4 billion.

Thaworn insisted that the PDRC had only peacefully demonstrated and was not responsible for the failure of the election.

The election itself was doomed to fail, as there were no MP candidates in 28 constituencies, he said. The EC appeared to be aware of the situation, as it had submitted a query to the Constitutional Court on whether to postpone the election date, Thaworn claimed.

Despite that court’s conclusion that the election could be postponed, the government at that time did not comply with the decision. It went ahead with the election and it eventually failed, he added.

“We would like to ask the prime minister to find the real culprits and claim back the damage incurred from the EC and the Yingluck government,” Akanat said. “Filing a charge against the PDRC is like filing a charge against the wrong party.”

Regarding photos and evidence showing some PDRC protesters obstructing people from going to vote, Thaworn said that they should be prosecuted on a case-by-case basis and separately from the PDRC as a whole.

The PDRC organised a series of political demonstrations in 2013 and 2014 prior to the May 2014 coup. The PDRC’s activities ranged from opposing the then-government’s attempt to enact a blanket amnesty bill to occupying many of government buildings demanding Yingluck’s resignation.

The demonstrations included mass blockades in front of polling stations and stopping people from voting.

Many of leading figures of the PDRC are former Democrats, including Thaworn, Akanat, and their leader Suthep Thaugsuban.

 

Sceptics view the proposal as nothing short of an attempt by the junta to stay in power post-election.

But the junta claims it needs time to create change after what was done to the country by the political camp of ex-PM Thaksin Shinawatra, which ruled for more than a decade.

The Thaksin camp brought change to state agencies such as the police, the military and independent agencies as well as the bureaucratic system.

Changes took place even in the courts, which had previously not been tainted in the eyes of the public.

A court sentenced a police colonel to two years in jail without probation for bribing the court.

A source from the National Council for Peace and Order said the junta presented its 16 charter proposals to CDC chairman Meechai Ruchupan after the heads of the four core agencies met.

They are: NCPO chief Prime Minister Prayut Chan-o-cha, the National Legislative Assembly chairman and the National Reform Steering Assembly president.

The source said the proposal for selected senators was being pushed because the junta needed more time to carry out its work as the country’ legal structure required legal changes. Although the PM has absolute power under Article 44 of the interim constitution, resorting to such power too often is not recommended, the source said.

“Resorting to the special power during the transition period may not bring about peace but may intensify violence,” he said.

The five-year period for senators to serve is enough time to usher in a new era, especially for the police, he said.

“Appointing Pol General Chaktip Chaijinda as national police chief sends a clear signal. Chaktip will retire in the next five years, which is enough time to change the red colour in the police into khaki,” he said.

He said there was nothing to be concerned about because the junta had to put the right men in the right place, which ensured that the new breed of military men would defend non-elected senators.

The heads of other state agencies had been replaced since the junta took power, and the junta had assigned the National Reform Council to work out a plan to stop state agencies being influenced by politicians.

The source said during the five-year transitional period there would be at least three different permanent secretaries in each ministry while the Interior Ministry could replace all 77 provincial governors.

The major goal the junta wanted to see achieved was the neutralising of politicians who created national divisions.

The charter draft had put restrictions on politicians. Those who refused to change their behaviour would not have a voice.

“They would not be allowed to create damage to the country. They would not be allowed to promise the people something impossible,” the source said.

The junta also wants non-elected senators to serve five years to ensure the charter will not be cancelled easily, the source said.

“The charter should at least not be cancelled until a second election is held. The junta is also worried that elected governments may change the essence of basic infrastructure projects, causing delays and extra expenses,” he said.

Another important proposal the NRC wants the junta to take on is monastic reform in order mend national divisions caused by religious conflicts, the source said.

Religious reform is badly needed after the legal affairs related to temples and monks were overlooked, he said.

“The distortion of Dharma and Buddhism rules has caused national divisions and this needs time to solve,” he said.

Meanwhile, Prayut expressed sympathy for the government-run National Broadcasting Services of Thailand (NBT), or Channel 11, over its declining ratings.

He described Channel 11’s programmes as “too academic”, which previously resulted in him ordering the station to overhaul its programming.

NBT’s ratings are as low as Royal Thai Army Radio and Television’s Channel 5, Prayut said. “Their [NBT] ratings cannot compete with those of business-based channels,” he said. Another reason for NBT’s low ratings is its failure to create attractive, long-lasting series because of a lack of subsidies, the premier said.

On Tuesday, Prayut expressed disappointment over people’s viewing habits, saying most were more interested in night-time soap operas than government programmes that look at matters of national interest.

Prayut conducts a weekly show “Returning Happiness to the People”, in which he talks for about an hour on national administration issues and tries to persuade people to cooperate with the government.

Khamnoon said, the NRSA would hear opinions from all of its committees, who have been assigned by the whip to brainstorm on the matter.

The NRSA would need to make the decision, as all details will need to be sent to the National Legislative Assembly, which is authorised to finalise the question before submitting it to the Election Commission, he said.

The NRSA may need to see the final charter draft before giving any opinion on framing the question, he said. The question could be on a political or non-political issue, he said.

It was also possible that no additional question would be added to the referendum ballot, as such a question could confuse public understanding of the charter draft, he said.

The conflict-of-interest bill focuses on holders of political office and state officials, prohibiting them from using family members in the private sector as nominees for business transactions.

The Constitution Court rejected the legitimacy of a similar law in 2008, citing the lack of a parliamentary quorum in the passage of the bill. The original version of the law banned collusion between public officials and family members with a relationship as distant as seven degrees of separation, while the latest version only bans conflicts of interests between family up to three degrees of separation – parents, children and spouses of children.

The legislation would be applicable in cases where offenders faced not more than three years in jail or up to a Bt60,000 fine or both.

The committee will submit the bill for NRSA and Cabinet approval.

Worawit said the Criminal Court’s Corruption Division has delivered swift justice in graft cases by shortening the duration of trials from seven years to one year.

“We might see people convicted of corruption being sent to jail this year,” he said.

If there are delays in graft-related trials in the future, the National Anti-Corruption Commission or prosecutors might be the cause, he said.