The Military knew the coup would not be acceptable by any civilized and democratic society. They have to push so hard to justify all their actions and also to pave the way to power for the junta's leaders.
The military knew they could not run the country for long nor can they control other branches of sovereign power, particularly, the judicial. They knew their time was running out. They also knew it is impossible to leave the power to the public without bearing the consequences of their abuse of power. So many wrongful acts and allegations have occurred, so many laws have been violated; consequences of these actions will follow.
That is the rationale for Section 309 of the junta's proposed draft constitution:
Section 309: Any and all actions which have been confirmed or acknowledged by the provisions of the Interim Constitution of 2006 to be legitimate and constitutional including any and all actions relating to those matters whether occuring before or after the date of this Constitution, shall be deemed legitimate, lawful and constitutional.
Further, the military and their servants knew well their acts were illegal and unconstitutional, and many of these can be classified as “crime”. The “universal” amnesty provision is good but may not be enough if in the future, certain judges would find the amnesty provision “unconstitutional”
Then, what shall the junta do?
Simple answer: The junta needs to make sure their servants remain in charge of the Constitutional Tribunal for the next nine years. All lawsuits filed against the junta and their servants, like the lawsuit of the Asset Examination Committee which issued various illegal assets freezing orders, and any future lawsuits by those harmed by the coup, will be heard by the junta's selected group of obedient servants. Just like the tribunals which followed the orders of the junta's leader to ban the Thai Rak Thai Party.
Don't just listen to us.
Hear what the leading independent law lecturers of Thailand have to say about this issue:
The following are English language summaries of the statements on Rejection of the Proposed Draft Constitution issued on July 6, 2007, by six law lecturers of Thammasat University, namely Assistant Prof. Dr. Vorajet Pakeerat, Assistant Prof. Prasith Piwawattanaponich, Assistant Prof. Dr. Janjira Iam-mayura, Dr. Thapanan Nipithkul, Piyabutra Sangkanokkul and Teera Sutheewarangkul:
“3.5 It is eminent that the Proposed Draft confers extensive and additional power and authority on the Judiciary. For example, all selections of personnel for those independent government bodies setup by virtue of the Constitution will require approval by the President of the Supreme Court or his designated person as well as the approval by the President of the Administrative Court and the Chairman of the Constitutional Tribunal or their designees. In regard to the judiciary, the Proposed Draft involves the judiciary in politics through the nomination and selection process. Further, all political disputes shall now be subject to the judicial branch through its “criminal division for politicians”. Any disputes in relation to the election will also be decided by the judiciary, not by holding a new election. It is clear that the judiciary will monitor and balance the political activities but there is no mechanism to monitor and balance the power of the judiciary!
3.6 It is worth mentioning that this is also the very first time in Thailand that the provision of the Constitution provides specifically for the extension of retirement age of the judges, from 60 to 70. The issue is not whether the retirement age of the judges shall be extended or not but why is it so important or critical that such provision has to be stated in the constitution!
Is the retirement age an issue of human resource management? If so, the issue shall be dealt by the legislature to decide according to the policy of the government. We have to record our note here explicitly that this extension of retirement age has not been addressed at the public hearing
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3.8 The specific provisions of the Constitution provide for the succession of power, duty and personnel appointed by the junta. Especially, these appointed to various independent government bodies under the Constitution will remain in their positions for the complete term after the upcoming general election.
These people have no rights nor justifications to remain in these positions once there is a general election, which will happen in the near future. If necessary, these appointees shall remain in their position but just for a certain period so that the people's representatives can select new qualified persons for those offices after the general election. This means the people will have no power to direct these independent bodies for the next decade.
There is no provision in the Constitution that limits or restrict the military's appointees to run for parliament or to be selected as senators.
Section 308 of the Proposed Draft also empowers the military-appointed cabinet to setup “Law Performance Commission” without any explanation nor clarification as to terms or purposes or scope of duty.
There is no other way for us to comprehend these matters but to conclude that this is the succession mechanism designed by the junta to preserve their rights and power against the interests of the people”
After all these facts, when one seeks to gain personal benefit, can that one still perform his/her functions for the public? Can one look at this extension of retirement age as a ‘bribe'? Can we still have faith in the justice of Thailand ?
