Thai courts too much for Thaksin
By Marwaan Macan-Markar
BANGKOK - Former Thai prime minister Thaksin Shinawatra and his wife Pojaman
are on the run from the law, fleeing on Monday to London rather than face
proceedings in a corruption trial against them scheduled to be heard the same
day at Thailand's Supreme Court.
Thaksin's flight and the cases pending against him and his wife underscore the
increased power of the Thai judiciary to hold even the most powerful of
politicians to account in the politically divided nation, but also raises new
questions about judicial independence, the former premier's supporters say.
In an attempt to portray himself and spouse as victims, Thaksin
issued a widely cited statement from the British capital on Monday, saying they
had sought exile because their political enemies - presumably led by the
military - had interfered with the justice system and were out "to finish
myself and my family".
"What has happened to me is like a poisoned fruit that came from a poisoned
tree," the 59-year-old, who led the country from January 2001 until September
2006, when he was ousted in a military putsch, said in a handwritten statement
faxed to local media organizations. "These individuals see me as a political
enemy. They have no consideration [for the] judicial system, truth and legal
principle."
"My family and I have been continuously treated unjustly," added the man who
was a billionaire telecommunication tycoon before being elected to his first
term as prime minister at which point he divested his shareholdings to family
members. "I ask that all my supporters remain with me a bit longer."
The flight of the Shinawatras, arguably the most powerful political family in
Thailand, marks a dramatic about-turn to the promises the former premier made
to the public after returning to Thailand barely six months ago after spending
18 months in exile after the 2006 coup. Thaksin, who kissed the ground on his
high-profile return, announced then that he would fight and win the slew of
corruption cases brought against him and his wife in Thai courts.
All of the corruption cases now pending against the Shinawatras were first
investigated by a special commission appointed by the military junta and since
disbanded. These include an alleged corrupt land deal in Bangkok, where
Thaksin's wife, Pojaman, purchased land from the Bank of Thailand apparently at
a sharp discount to market rates. Proceedings for that case were to begin in
the Supreme Court on Monday morning.
During his five years as Thailand's twice democratically elected leader,
Thaksin gained notoriety for pressuring and intimidating his critics, who
frequently alleged he had undermined the checks and balances written into the
1997 constitution. Among the most flagrant of his alleged human rights
violations was the 2003 "war on drugs" campaign, where an estimated 2,500
people were killed in extrajudicial fashion. Nobody has been charged for any of
those murders, which allegedly include many innocent civilians.
Thailand has moved into a new political space some analysts refer to as
judicial politics, where the courts will mediate complex political problems and
conflicts. That new legal reality was brought home to the Shinawatras on July
31, when a criminal court convicted Pojaman, her brother, Bhanapot Damapong,
and her secretary, Kanchana Honghern, of tax fraud. Pojaman was sentenced to
three years in jail and later released on bail.
After that there had been mounting speculation that the Shinawatras might flee
the country rather than face further court proceedings. The Supreme Court's
decision to grant the former premier and his wife permission to travel last
week to visit Japan and then attend the Beijing Olympics added fuel to the
speculation. The Shinawatras' flight from justice was confirmed Sunday evening,
when they failed to board a Bangkok-bound plane from the Chinese capital.
"Their escape will not stop the case from proceeding. The court will try them
in absentia. That is what happens in corruption cases," says Somchai Homlaor, a
human rights lawyer. "Thaksin has no reasonable grounds to say that the trial
will not be fair. His wife's case proved it."
His flight could also create a diplomatic issue between Thailand and Britain,
because there is an extradition agreement in effect between the two countries,
Somchai said in an interview. "It is now the duty of the public prosecutor to
extradite Thaksin under that extradition treaty."
Political analysts doubt the Thai authorities will immediately pursue Thaksin's
extradition, since the current coalition government, led by the People Power
Party (PPP), is closely linked to Thaksin. He only returned to the country
after the PPP and its junior coalition partners triumphed at the December
elections, which ended 16 months of rule by a military-backed government.
"Thaksin seems to have made the right decision for himself. It is better for
him to live abroad with all his riches than live in a Thai prison," says
Michael Nelson, a German academic specializing in Thai political culture. "It
may not be easy for him to return to politics in the future because there may
be more verdicts against him and there will be the arrest warrants."
Corruption cases of this nature are unprecedented in Thailand, Nelson argued.
Until now the only cabinet-level Thai politician to be tried and convicted in a
corruption case is former public health minister Rakkiart Sukthana for his role
in a 1999 hospital supplies procurement scandal. "It is so extraordinary
because these are cases against such a high-profile family. There has never
been a case of this scale in the country."
Thaksin is not alone, however; other influential political figures now also
face legal troubles. Vatana Asavahame, a former deputy interior minister and
currently chief advisor to the Puea Pandin party, a member of the current
coalition government, failed to appear in court in July to hear a corruption
case involving a multi-million dollar wastewater treatment plan in Samut Prakan
province. He has allegedly fled to neighboring Cambodia and a warrant has been
issued for his arrest.
Those apparent flights from justice are raising hackles with politically minded
Thais, judging by recent postings in chat-rooms at the popular pantip.com
website. "What's wrong with this country? The person who breaks the law could
be free," wrote one contributor. "Vatana is now in Cambodia and can't be found.
Thaksin and Pojaman went to China and now are in England. How could we let that
happen?"
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