Time files

Since 2008 till 2015, it is 7 years long for the Public Service as the police officer.  Only three years left that I have to work for the people.  

Today, August 15, 2012, the National Economic and Social Advisory Council of Thailand has invited the Police Commissioner to give them the speech regarding the Measure to develop criminal investigation process in the Royal Thai Police Force.

The Commissioner ordered the deputy and so on which finally became me who must do such mission.   The panelists were composed of several regarded person such as the former Attorney General Rawat Chumchalerm,  and the representatives from the Lawyer Association of Thailand.   The seminar began with my speech which narrated about the problem in Police Criminal Process Investigation as bellow:
           1) The judicial police officers who act as the evidence collectors must function alone in police station without the other supported systems;
           2) The lack of important legal concept to assist the judicial police to collect the evidence such as the special power to overhear and invade the privacy right of the individual under the control of the court in limited period of time.
           3) The lack of law to champion the judicial police to exercise their discretion whether to continue their investigation or suspense those cases for a while as its priority but still keep those files into the record and wait for the necessary time to begin investigation the case.
           4) The unnecessary job required by the Criminal Procedure Code in case of unknown-offender case which command the judicial police to collect all data and send those files to the prosecutor to give the police consent with discontinuing the case order.

The former Attorney General Rawat strongly disagreed with me and explained that the Criminal Procedure Code had been written carefully and all provisions are still good until today.   No law is needed to be adopted and amended.  The only one measure for the police force needs to be done is the merit system in public personnel appointment.

Well, there still are many arguments that I must delineate but need the time to review again.  I will add more detail later.  Hope that someone will have a chance to read it! 

Difficult to understand what is going on in Thailand!

After the incidence of "Area Squeezing" by the "Professional Military", and no-confidence debate from May 19 to June 3.2010, Thailand still in the gloomy vironment. It is clear that corruption is banal in coalition government but nothing happens. There is no public response against the vehemently illegal conducts regarding the "Area Squeezing" measure which is explicitly incongruent with the international standards, including the convention on Civil Rights and Political Rights, U.N. Code of Conduct for Law Enforcement Officials, including the Rule of Engagement. No law enforcement official can use "Live Bullet" filed to the demonstration, even in the fake "emergency situation," except for very limited reason such as "self-defense."

Thailand faced the intellectual crisis about the public demonstration and freedom of speech after April 7, 2010. The government declared the situation of emergency so that they can apply the "special law" to control public gathering of anti-government protestors. In fact, the government has no enough reason to declare it, and thus unconstitutionally applied practice under the U.S. Judicial Review standard.

Public gathering is the fundamental rights which cannot be violate except in the war crime and some special situation. Application the law aiming at only war crime such as the Special law is unacceptable and illegitimate!

The result of the 88 deaths and over 2,000 injures demonstrated that there was no any dangerous weapon in their hands! But the government accused them as "Terrorists", which should be the person who act" the unlawful use or threatened use of force or violence by a person or an organized group against people or property with the intention of intimidating or coercing societies or governments, often for ideological or political reasons." There is no proof what they are -- only freedom fighther or terrorist. The fact is that the omni-potent goverment, who control military, and all state agencies, become the winer; they can write, speak and commit anything. What happens after the incidence of dispersion on May 19, 2010; the deaths were going on in Wat Pratum-wanaram, a Budha Temple, nearby protesting site. The six persons, including the medical volunteer personnel, were shot to die from somewhere which the eye-witness confirm that were shot from the Sky train where only the military can control it!

There are many depressing events going on in BKK and other area, after the government action to control demontration. Violence is commonplace. However, it seems that nobody in BKK wants to analize why the bad result occured and what government should be responsible for the deaths and injures which never happen in the history of Thailand! WTH!

Why does Police Hospital still operate while Chulalongorn Hospital cannot?

Chulalongkorn Hospital, located far away from center of Protestor.



Police Hospital located on Rachaprasong Intersection, next to Protestor.


Red Shirt invaded Chulalongkorn Hospital, which is very far away from the center of protestor, forcing to Close all hospital department! Interestingly, Police Hospital which is located next to the protestors does still operate normally! What makes it happen?


Above mentioned event happened on April 29,2010. After the incidence that the Red Shirt asked "Permission" from Chulalongkorn hospital to explore Chulalongkorn hospital if there are soldiers and other troop inside any hospital buldking after the protestors heard that rumors that the army would employ troops, staying inside Chulalongkorn hospital, to dispurse the protestors. Before this incidence, CU had evacuated all patients from the building closing to Rachdumri Road to other buildings and closed them all, without leaving any medical personnel! This incidence convinced the Red shirt to believe that the rumors might become true because CU hospital used to stand supporting the Yellow Shirt, which is opposite to the Red, and the Yellow has very closed relationship with the current government!

The Red arrived at CU hospital after they declared to go to explore this area around half an hour. They CU hospital director negotiated with for a while and afterward nothing had been found in the buildings! The next morning, the CU medical personnel and main stream media condemned the Red by identifying that even in the war time, no barbaric behavior like the Red's action!

However, there are numerous arguments from that accusation. Firstly, the most interesting phenomena, why can the Police Hospital still operate to treat all kinds of patients in all departments, even if it is located very close to protestors? How cannot the CU hospital operate to treat the patients even if it is very far from the center of protestor?

Secondly, before the occurence of public demonstration, Police Hospital declares that all medical personnel are preparing to treat all Thais under the project of "No Disease" including the protestors! However, the CU hosital used to declare its standing point giving no treatment to all police officers who perfromed their duties on October 7, 2008, after the incident of demonstration dispursion of Yellow shirt.

Thirdly, all medical personnel in Polic Hospital have never blamed all kinds of political movements. They perform their duties to treat all person without regarding the "conflicting colour groups" in Thailand. However,those of CU hospital joined the Yellow and became a multi-coulor group against the former government, and support the current government, which is opposite to the Red Shirt!

After the incidence, medical personnel from CU hospital are also prone to support other coulor group, except Red, by using all media to blame the Red's behavior after the incidence of April 29,2010. The assertive email forwarded on behave of CU medical personnel also blamed the Red to citizens in Thailand, and maybe all around the world! It is doubtful if such e-mail created by medical personnel because the Director declared their impartiality status and they willing to treat all groups of people without being enemy of the Red! However, the media and other CU medical personnel made it clear in opposite way!

Lastly, all medical personnel from Police Hospital are willing to treat all patients in crisi events, and all department of police hospital still fully operate to take care all patients even if it is very closed to the protestors! However, why cannot the CU medical personnel treat the patients even if it is very far from the center of protestors? Why must CU hospital evacuate all patients to other hospital while police hospital still take care its patients in the same "dangerous" location?


Other facts can be found in Prachatai.net, but not in main stream media, and governmental media!

Abhisit on BBC

On Wednesday, 28 April 2010, Mr. Abhisit got interviewed by BBC; he reemphasized he would enforce the law effectively and restored the order in society in according with "the Rule of Law" and "Democracy".










He said that he was willing to comprise with the protestor by taking the demands of all parties into account. He could not accept the demand of the illegal conduct...., and it would be unfair for the rest of other groups in our country. In addition, he also remarked wonderful statement such as: he is willing to resign..... !



http://news.bbc.co.uk/2/hi/programmes/hardtalk/8648639.stm


The Thai Prime Minister, Abhisit Vejjajiva, has rejected the idea of a national election in the next three months despite calls from protesters during a seven-week standoff.

There have been violent clashes between Thai soldiers and red-shirted protesters in Bangkok. Mr Vejjajiva said he will not give in to intimidation but he is willing to listen and compromise.



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My perception is that he had never believed what he had been speaking for several years or he has never known what he has been speaking because last two years he remarked wonderful statements; for example, the government must be responsible fro the lost and damage to human life, etc, if the executive leader is still be a man or human being, as I already wrote in the last two blogs!

Mr. Abhisit's reaction to the protestor is clearly opposite to what he spoke! He has never been faithful to negotiate or compromise with any group, except for the group who supports him! He vowed that he was the only one who talked with the protestors to find the solution! However, even any idiot man knows that he agrees to debate on TV with the Red because he want to put his opinions and standing points in the head of public; stated differently, his acted is not a real interest-based negotion! From his reaction for over 7 weeks, he only tried to used military to shut the political opponents! Over 25 deaths, and over 900 injures after April 10, 2010 but he is still effrontery to stay in office without reconsidering what he spoke last two years after the miserable event on October 7, 2008.

The following MV is an example of what Mr.Abhisit said "He is willing to compromise with the protestor." He reenforced the military and blocked the Red from making rally to Talad Thai or Fresh Market in Pratumtani yesterday (April 29,2010). The military opened "Friendly Fire", which they identified as "Rubber Bullet" into the Red on Viphavidi Road. One soldier died from their "Friendly Fire," by the Military but all media broadcasting to public were blocked, such as http://www.springnewstv.com/.



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The problem is why Abhisit decided to block and open fire to the demonstration if he is really willing to compromise with the protestor! According to the Constitution, anyone has freedom to move, and this government agrees to support poeople to exercise their rights and freedom, but only for other groups, not for the Red. All media can percieve that whenever other groups, such as multiple-coulor and PAD (Poeple Alliance for Democracy) or Yellow Shirt group , moved to support the government, the government has never stopped such movement.

In addition, the government also championed such movements by identifying that such movement is legal! What the hell is that? It is totally wrong and unconstitutional because if the government really believed that the declaration of state of emergency, declared on April 7, 2010, was legitimate, all gathering or demonstration is illegal! How can the government interpret in such way; I think we can call it is badly stupid!

The government has reemphasized that the public demonstration by Red Shirt is supported by the terrorist. The demand of Red is illegal and thus is not democracy! The demonstration brought vehemently violent to the public!

All goverment conclusions are unfair! All violence was initiated by the government side such as the miserable event of April 10,2010, and other bomb blasting on Silom Street! The high ranking police officer, who tried to arrest the criminals, was obstructed by the military by identifying that those criminals are the military supporters! What the hell is that?



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http://news.bbc.co.uk/2/hi/asia-pacific/8649652.stm



At least one soldier has been killed and at least 10 people have been wounded in violent clashes between Thai protesters and soldiers in Bangkok.

The authorities have warned they are running out of patience with the thousands of red-shirt anti-government protesters.

Concerns about the rising level of violence in the country have prompted the British Foreign Office to advise against all but essential travel to Thailand.

Alastair Leithead reports from Bangkok.

Impressive Statement by Prime Minister Abhisit last two years!

“It is beyond my imagination that our government will hurt and kill our people.”

Last two year, Mr.Abhisit stated this following statements before he became the current Prime Minister, but what happens after the April 10,2010. He became the Prime Minister of Thailand and then he decided to stop protestors, Red Shirt, by using military force. It resulted of 24 death, and over 800 injures! He has not announced his responsibility after the depressing event! Why? Nobody can answer! Here is some parts of his wonderful statements, which spoke last years.


Here are those impressive ones!


________________________________________


Last two years, after the dispersion of public demonstration in October 7, 2008 in front of the Thai Parliament, Mr. Abhisit as the President of Democrat Party made an intriguing announcement against the Somchai Wongsat’s government and pressured the government to be responsible for the demonstration dispersion, which caused one young female died, as following statements!


Mr. Abhisit stated that “It is beyond my imagination that our government will hurt and kill our people. ” This is some details of this extremely impressive statement!

1.

“It is beyond my imagination that our government will hurt and kill our people, great injures, and our government still falsely accused the protestors, which those government’s behaviors are unacceptable. ”


2.


"I acknowledged that the Prime Minister has set up the Truth Seeking Committee to investigate this miserable event. However, I have no idea how the government find the honorable and reliable person to be the members. Most importantly, to prove the government’s trustworthiness, the Prime Minister must rotate all police officers who in charge this event from the current office.

If the Prime Minister would like to set up the committee to support its pre-finding propaganda, do not make it because our country will become worse. Today, the political legitimacy does not exist; then, we urge the government to show responsibility! "


3.


"You should have resigned from the office; however, if you are afraid that after resigning Democrat party will become the government, so dissolve the parliament. You cannot ignore for the damage because if you choose to do so, you ruin our country. In addition, according to the democratic norms, no government in any democratic country will hurt the citizens without showing the responsibility afterward! No! "


4.


"I think Prime Minister [Somchai] relentlessly creates more problems to our society. I do not care and concern how far the government can administrate this country, but I am very worry how Prime Minister can continue to work because I can perceive that fear and excite are commonplace everywhere. As a result, I ask why the Prime Minister still want to be in the office, and for what? Continue being in office to prevent someone [Thaksin?] from being in jail? If so, how can we heal the society feeling? It has already extended to all people in our society!"


5.

I do not care if the Prime Minister will dissolve the parliament or resign from office. What I care is who is going to be responsible for the lost of the people’s [Lives and property.]

000


Abhisit Vejachiva
President of Democrat Party dated 9 of October 2008

[He continues stated that:]

Democrat Party still continue observing the result of the miserable event [dated 7 of October 2008.] Recently, I have declared my opinions to all media and yesterday (dated 8 October 2008) and we still continuously keep watching situation and movement. Most importantly, we can avoid such depressing event which it should have never happened because our Thai citizens lost their lives, their bodily important organs, great injures, and of course, it relentlessly causes more stress and conflict in our society.

I and my party fellows have followed the Prime Minister’s behaviors, Mr.Somchai Wongsawat, until the current minutes, but we cannot notice any responsibility. We cannot perceive his faithful intention to demonstrate his condolence to the lost, except the attempt to evade it, and throw it away on the officials’ shoulder. The depressing events had been recurring on the same day in October 7, 2008, that is, it did not occur in only the morning of that day; then, the Prime Minister cannot assert that he could not expect that the officials would bring about all damages, which a person lost his legs. After getting all report, the Prime Minister, as the Head of Executive, did not attempt to prevent more damage or the reoccurring miserable events.

The Prime Minister cannot deny his responsibility from his malpractice or intentionally committed all misconduct. Yesterday, the members of parliament from Democrat Party filed the complaint against the Prime Minister for his conduct. However, the government committed far worse from imposing the guilt to officials themselves by falsely painting the people with guilt.

I cannot imagine that our state will cause damage and lose the people’s lives, great injure, and additionally still falsely accused the wrong doing to the people. These behaviors are unacceptable. I have heard the members of cabinet are likely to ask the others if they are Thais? Today, however, according your own conducts, you are neither Thais, nor merely human being because you cause she die and also falsely accused our people to carry weapon [during demonstration]. She is only young educated lady faithfully attending the demonstration to protect her own righteous belief. No threat does exist to the state officials! I asked her mother who saw the death of her daughter before her eye. It is very far from the police officer, no threat exists!

Now, they lost ; the Prime Minister Somchai still allowed his subordinates and other supportive organs to falsely accused them. This is unacceptable because it cannot bring about the reconciliation or trust in our society. As a result, our party will conduct all necessary measures, besides filing complaints against Prime Minister Somchai, by filing all explanatory letters to all ambassadors located in Thailand so that they would acknowledge all facts that all protestors are not violent. But, only they were violently hurt by the government.

Secondly, we will file the complaint the National Human Right Office to investigate this event.

Thirdly, we will send our request to the Police Commissioner to explain what happened. The reason why we did not asked the Prime Minister because we believed that he lacked all legitimacy in the office. We asked the police commissioner for explaining to explain why the police officers still injured the people even after when it apparently why there were usage of something else except the tear gas. This practice was not followed the guideline as that of the other civilized countries. The police commissioner has to investigate and bring all criminal charge to the court, and if the police officer obeyed his order, how would he be responsible for the miserable event? If the police did follow someone else’s order, please tell us who they are? All are the responsibility of the police commissioner, whom we believe he is still able to faithfully conduct his task effectively. If he does not, we deem that he is the wrongdoer himself.

etc.

Movement of Thai Medical Law !

Living Will is the new concept of the Thai medical law adopted in Thailand recently. In 2007, the National Assembly, under the 2006 coup's sponsor, adopted the National Healt Act of 2007. The provision according to section 12 provides that:

[A]t any period, a patient shall enjoy the right to stop medical service, which merely to prolong death, at the end of life expansion, or to stop painful from sickness by expression of the living will or advance directive to the medical personnel.

To further proceed the living will must comply with the form and details prescribed in the Minister's Rule in according with this Enabling Act.

The medical personnel who perform in accordance with the living will, or advance directive shall be immuned and privileged from civil and criminal charge."

This law aims at assuring the physicians and the other medical personnel to avoid being sued after they practice and stop any medical treatment as the living will requires. The Minister of Health and the Medical Council of Thailand began the hearing process on July 31, 2009 to enact the Minister's Rule complying with the clause 2 of the section 12.

When reading the draft, I found that the draft provides the directive how the doctors decide when the medical treatment should end; it, however, cause undesirable impacts to the medical personnel themself. The drafting rule requires them to consider it the patient physical body and mentality can be further treated. In other words, the treatment should be stopped because the patients become the vegetative status or other signs of brain death, including the multiple failure of human bodily organs. The burden under this rule,then, is on the sholder of the physicians, instead of the patient's relatives.

I totally disagreed with this law and I think that the patient, either by himself or his relative, should have the burden to prove that the patient intended to die with dignity without "unnecessary medical treatment." Prolongating the death is undesirable and the patient should be able to exercise the right to self-determination. However, the relatives should file the ex patre motion to court, under the preponderance test, to show the actual intention to death peacefully of the patient. The physicians should have duties to cure the patient as long as it can but subject to the patient's will, not to kill anyone. In addition, the doctors should have had vere limited duties to consider if to stop treatment by himself only when the clear evidence show that the patient become death or the treatment is totally useless!

Learning for Life ! ! ! ! !

I have been coming back Thailand since May 21,2008, and continuously working very hard, not hardly work, I must assure you what I really do. I got promotion from Inspector to Superintendent of Criminal Affair Division, Royal Thai Police Department. It seems good for me, right? Yes, it is. I, then, have to work harder so that it will not destroy me myself and prove that because of working hard I got promotion.

During working hard, I also continue study as the maxim -- study for life -- as the most scholars do. Most of my jobs were attending the conference arranged by the Office of Council of State to articulate about the law and my opinion about those provisions. One day, I did not exactly remember, I attended the seminar about how to apply the rule of law and the idea of legal state in Thailand in practice. The panel composes of the great and honorable Thai scholars such as Dr. Kanit, Dr. Kittipong, etc and after they explained their ideas, I did followly.

Three months after that incident, Ms. Onn called me and asked me if I can attend the seminar in Germany which the Frendrich Naumann Foundation : FNF would invite me to join, and I said positively. She recommended me to submit the application to FNF and waited until last month I got the acception from this organization to study in the course called "Conflict Prevention & Conflict Management."

Next month, Feb 14-28, 2008 the FNF will provide and sponsor me to stay in Germany and study this interesting course, and after I come back I have to pay it back by giving my knowlege and skill to the new generations of the Thais. I hope that I will do well. Bless me too.

The Pursuit of Happyness!

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

[Adopted in Congress 4 July 1776]

---

Have you ever read the 1776 U.S. Declaration of Independence? The drafter adopted the term so-called "the Pursuit of Happiness" in this crucial document. It might be the strange word if we considers in its documentary context itself. Why this term becomes so vital that must be emphasized in the declaration is surprisingly enticing.

I have watched the Movie namely "The Pursuit of the Happyness" in the very end of 2006. It did and still currently impress me. This term deeply immerses into my brain since then. "Happyness" is intentionally misspelled to reiterate the special import which strongly implies something else beside its literarinesses' meaning.

Do the people can have the real happiness? This question has been announced by the man actor who is subjected to the economic crisis which brings about the broken family. His wife left after he cannot earn any income to survive the family member. He numerously asked himself the same question! Or, we can merely pursuit the Happiness since it does not, and never really exist!

How human define this term might depend on several factors! How about you? What do really want if you need to pursuit the "Happyness?" Share it to me!

Guantanamo and Miscarriage of Criminal Justice System!

Have you ever heard about the terms of Gauntanamo and enemy combatant? How much do you know about those terms? Do you know the U.S. Government arrested almost 1,000 people who were the suspects of the Al-Qaeda terrorists from the 42 different countries in this Camp? Do you know most of them were and will be released without being charged after detained for years or many years and of course without any compensation?

How do you think if some day, you guys as an American go to any place in the World and are arrested under the same accusation - the enemy of other countries and you must subject to the same practice?

The question is: how to resolve this shame situation and how to better this worst miscarriage of criminal justice system? Ask and tell yourselves, American people! Your fates are on your own hands and your choices!


Here is some information about Gauntanamo retrieved from wikipedia:

Guantanamo Bay detention camp is a cooperative military prison under the leadership of Joint Task Force Guantanamo since 2002.[1] The prison, established at Guantanamo Bay Naval Base, holds people accused by the United States government of being terrorist operatives, as well as those no longer considered suspects who are being held pending relocation elsewhere. The detainment areas consist of three camps in the base: Camp Delta (which includes Camp Echo), Camp Iguana, and the now-closed Camp X-Ray. The facility is often referred to as Guantanamo, or Gitmo (derived from the abbreviation "GTMO").[2] [3] The detainees held by the United States were classified as enemy combatants.

Since the beginning of the War in Afghanistan, 775 detainees have been brought to Guantanamo, approximately 420 of which have been released. As of August 9, 2007, approximately 355 detainees remain. More than a fifth are cleared for release but may have to wait months or years because U.S. officials are finding it increasingly difficult to line up places to send them, according to Bush administration officials and defense lawyers. Of the roughly 355 still incarcerated, U.S. officials said they intend to eventually put 60 to 80 on trial and free the rest.

See http://en.wikipedia.org/wiki/Guantanamo_Bay_detention_camp

For Thai version click: http://www.bloggang.com/viewblog.php?id=jurisprudence&date=20-01-2008&group=2&gblog=45

Seasons change at Urbana November 2007

Middle Temple & Palace of Westminster

บรัสเซล เบลเยี่ยม ครับ

วัดสันติวนาราม ณ Northfleet, Kent, UK