Thai King to judges: "If you don't help to make democracy move forward, it will be the country's downfall"

Thailand on Trial

July 11, 2008
By PASUK PHONGPAICHIT and CHRIS BAKER
Wall Street Journal

In Thailand today, politics itself seems to be on trial. Over 20 court cases involving former Prime Minister Thaksin Shinawatra, his family members, his former party and his political allies are now in process. The government is peppered daily with threats of impeachment by senators, opposition members of parliament and protest groups. The ruling People's Power Party and two other parties face dissolution after some of their executives were convicted of electoral cheating. What might come next is anyone's guess.

Just consider the list of cases: On Tuesday, the former speaker of the Thai parliament was found guilty of vote-buying, and banned from politics for five years. On the same day, the Constitutional Court found that the foreign minister had breached the constitution in his handling of a border dispute with Cambodia. Yesterday, he resigned. On Monday the health minister was convicted of contempt of court, and on Wednesday he was forced from office for an incorrect asset declaration. The prime minister, Samak Sundaravej, is on appeal against a libel conviction for remarks he made about Bangkok's deputy governor while hosting a television talk show. He is also under investigation for violating the constitution for receiving payment to host a radio program. Mr. Thaksin himself went on trial this week in a case involving alleged abuse of power in a 2003 land purchase by his wife.

This is the impact of a newly empowered judiciary. In April 2006, after an error-strewn election, King Bhumibol Adulyadej issued a call to judges: "If you don't help to make democracy move forward, it will be the country's downfall." He has repeated the same message several times since, urging the judges to "apply their learning" and their "moral sense" in their courtrooms. That year, the courts annulled an election, dissolved Mr. Thaksin's party for electoral fraud and froze almost $2 billion of his assets.

During Mr. Thaksin's rule from 2001 to 2006, the media was often abuzz with stories of alleged abuse of power. But while Mr. Thaksin was in office, allegations about his wrongdoings went nowhere. In September 2006, he was overthrown by a military coup. One justification given by the generals was to allow the judicial process to work. The junta established a special investigative committee which dug out what they claim is evidence to support the judicial assault that is now beginning. The most important allegations concerned alleged corruption in the construction of Bangkok's new airport, alleged concealment of Mr. Thaksin's personal assets while he was in office and alleged abuses of power to benefit Mr. Thaksin's family companies.

On the face of it, a more assertive judiciary is a plus. A tradition of judicial passivity helps explain why politicians still often act as if they had total immunity. Even Wednesday, one of Thailand's most politically connected businessmen, Vatana Asavahame, failed to show up for the verdict in a corruption case against him; the verdict remains sealed and a warrant is now out for his arrest. But there are risks too. Already legal academics have charged that some recent verdicts show political bias and will create awkward precedents.

Much of this judicial activity could be construed as politics by other means, with Mr. Thaksin as the target. The convicted ex-speaker, Yongyuth Tiyapairat, is a local ally of Mr. Thaksin's. The foreign minister, Noppadon Pattama, used to be Mr. Thaksin's lawyer. The businessman was a former heavyweight in Mr. Thaksin's former party, Thai Rak Thai (which is now dissolved).

Since Mr. Thaksin returned to Thailand from self-imposed exile earlier this year, the judicial process has again faced barriers. Key figures in the police and investigative bodies were shifted aside by the current, pro-Thaksin government. Prosecutors sent anti-Thaksin suits back to the investigators, claiming insufficient evidence. The government proposed a constitutional amendment that could have annulled all post-coup legal proceedings. Mr. Thaksin's allies launched a barrage of defamation suits against the investigators. The legal basis of the entire investigation was challenged in the constitutional court. On June 10, three members of Mr. Thaksin's legal team were caught offering two million baht ($60,000) to officials of the court trying the land case. But these efforts have failed to deflect the judicial assault. Last week, the constitutional court threw out a lawsuit that would have invalidated all post-coup investigations of Mr. Thaksin.

Whatever verdict the judges hand down in Mr. Thaksin's land case, it will not soothe the political divisions that underlie this tension between Mr. Thaksin and his detractors. If the Thaksins are acquitted, it will confirm for some that the rule of law is still subservient to money and power. If they are convicted, Mr. Thaksin's rural supporters may think their favorite leader is being persecuted by old elites. Were Mr. Thaksin to contest elections again today, there is little doubt he would win another landslide victory.

This tension has increased the political temperature. Street protests, led by Sonthi Limthongkul and Chamlong Srimuang, have resumed. This week, Mr. Sonthi outlined a "new politics," including the reduction of the elected portion of the lower house to 30% from 100%, and giving the military a permanent role in politics. The parliamentary opposition has accused the government of being Mr. Thaksin's tool. A battle is taking place between those forces who want Mr. Thaksin's popularity to serve as a form of "electoral immunity" and those who think the courts must play an important role in cleaning up the country's politics. In the medium term, this promises continued political turmoil.

But it's not all bad news. Thais have learned to wield their electoral power at the ballot box. The judiciary has been hurled into the political front line, and been forced to become more active. The military, bureaucracy and political classes will have to adjust to these changes. That process will be messy, and will take time. But in the long run, a more open and inclusive democracy with a firmer rule of law might prevail.

Ms. Pasuk and Mr. Baker are authors of "Thaksin: The Business of Politics in Thailand" (Silkworm Books, 2004).