Some say former PM Abhisit is rightfully being charged for supressing
the red shirts; other see the case as business as usual.
Legal cases against
Oxford-educated Abhisit Vejjajiva, Thailand’s former prime minister are
starting to pile up.
Last month the Department of
Special Investigation (DSI) charged the opposition leader over alleged illegal
party donations for flood relief, and the military officially stripped Abhisit
of minor military titles accusing him of draft-dodging years ago which could
lead to a ruling barring him from serving as an MP.
By far the most serious charges
facing Abhisit are those of murder, attempted murder and physical assault
relating to his time as premier during political violence that erupted in
Bangkok in April and May 2010 when opposition red shirts fought street battles
with the military.
Following at least 23 coups or
major rebellions in Thailand over the past century, senior human rights lawyer
Sarawut Pratoomraj notes that holding Abhisit to account for some of the 91
deaths and more than 2,000 people injured during the violence in 2010 would be
unprecedented.
“This is the first time in Thai
history that our PM has been treated like a criminal,” he says.
But do these charges— as well as
Abhisit’s threats to sue the DSI officials for charging him— represent the
beginnings of justice and reconciliation in Thailand or simply the latest round
of political one-upmanship?
The case against Abhisit and then
deputy Suthep Thaugsuban is based around Phan Khamkong, a taxi driver, and
father of four who was – according to a September court ruling – shot and
killed by troops on May 15, 2010.
If Abhisit and Suthep are found
guilty they could face the death penalty but a conviction would, in theory,
require “clarifying who gave the order to use a weapon,” says Sarawut.
Abhisit has repeatedly argued
that his job was to restore order in a city where red-shirt protestors were
encamped on major intersections and reportedly threw Molotov cocktails and
fired rocket propelled grenades (RPGs). Soldiers were ordered to fire only in
self-defense, he has said.
Sarawut argues that the army
should also be included in any judicial process but so far that appears to be
unlikely, at least at the highest level.
In August, Army Chief Gen Prayuth
Chan-ocha said that the head of the DSI and therefore the person leading the
investigation against Abhisit, Tarit Pengdith, apologized to him by telephone
after DSI officials attributed blame to the military for what happened in 2010.
Tarit has declined to comment on what was said during their conversation.
As member of the Center for the
Resolution of the Emergency Situation to restore order during the violence,
Tarit has had to fend off claims that perhaps he too should be indicted, while
also defending his impartiality as a civil servant following accusations he is
being politically opportunistic in pursuing Abhisit and Suthep.
Among Abhisit’s supporters, the
main criticism has been that charges serve as a political gambit designed to
smooth exiled former Prime Minister Thaksin Shinawatra’s return to Thailand.
The government of Thaksin’s
sister Yingluck Shinawatra has for months tried to gain parliamentary approval
to rewrite the constitution and pass an amnesty bill, a clean slate which would
be retroactive to allow clemency for her brother who was sentenced to two years
in prison for corruption.
“We are willing to go through the
juristic system,” says Chavanond Intarakomalyasut, chief spokesman for
Abhisit’s Democrats. “[But] it’s just a measure by the government to put
pressure on the opposition to pass the amnesty bill.”
The red shirts, many of whom
support Yingluck and Thaksin and who see themselves as the main victims of the
violence nearly three years ago, have argued that the charges against Abhisit –
however flawed – would represent a great deal more than politicking.
Most red shirts consider Abhisit
enemy number one, the man responsible for killing and repressing their members
during the dark days of 2010.
Jakrapob Penkair, a founder of
the movement that became the United Front for Democracy against Dictatorship
UDD), the core of the red shirts, and a former Thaksin spokesman in exile, says
the truth is that red shirts in many cases simply want “to take revenge.” But
ultimately charges against Abhisit are also seen as a test of whether the Thai
judiciary can be reliable.
Last week, two members of UDD
filed a lawsuit against Abhisit and Suthep for attempted murder, saying they
were shot by police who were acting under the former prime minister and his
deputies orders during the 2010 protests.
Most importantly, he adds, the
ongoing legal process sends a message to the highest levels of the
establishment that people in power can be held accountable and that the overall
system is capable of positive change.
“Abhisit’s trial would be seen as
the very first step to get Thailand back on track,” says Jakrapob.
“Thaksin’s comeback should be at
the bottom of our priorities,” he added.
Either way, Yingluck’s government
faces a difficult balancing act. In a country that remains heavily divided
along color-coded party lines, many supporters claim her government has created
the political conditions for a former leader to finally be held accountable for
violence against the people.
But critics argue the
administration is encouraging a flawed process to anoint a scapegoat who just
so happens to be the arch-enemy of her and brother Thaksin, the real center of
power.
Political analyst Dr. Pavin
Chachavalpongpun says that if critics of Yingluck are right and this is just a
rouse to get her brother Thaksin back to Thailand by pressuring – but not
punishing – Abhisit then ultimately risks alienating the Shinawatra support
base.
With most red shirts keen to see
Thaksin’s return but perhaps even more eager for Abhisit to be held accountable
for the events of 2010, Pavin says it would be “absurd” if the political elite
across the board simply gave itself a get-out-of-jail-free card for the past
six or so years, the period of the proposed amnesty.
“This [the legal process against
Abhisit] is a good start but we don’t know how it will end,” says Pavin. “I’m
not convinced that the end product will be one that satisfies everyone –
especially the red shirts.”
Steve Finch
Steve Finch is a freelance journalist based in Bangkok. His work has
appeared in the Washington Post, Foreign Policy, TIME, The Independent, Toronto
Star and Bangkok Post among others.
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