Lawfare Has Begun; Pita’s Fate Repeats Thailand’s Political Turmoil

Pita Limjaroenrat attends the meeting of the House of Representatives on July 12, 2023.

The Election Commission of Thailand’s decision to seek a ruling from the Constitutional Court on Pita Limjaroenrat’s ITV shares, to question his eligibility as MP and to seek his immediate suspension pending the ruling is another example of political turmoil in Thailand.

The Election Commission (EC) made this decision just one day before the vote for the country’s 30th prime minister. The coalition of eight allied parties, led by the Move Forward Party, has put forward Pita as its candidate; he has campaigned to create a “Thailand like never before.”

Pita himself said on Wednesday that it was unfair that the Election Commission didn’t allow him to defend himself in person, but there was nothing to worry about; it was not something beyond expectation. He assumed the procedure was still normal. Tomorrow, he will attend the parliament meeting as usual, which will run for 6 hours, and he will address all questions and concerns as well as present the vision.

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Pita Limjaroenrat said nothing to worry about.

The Move Forward Party tries to argue that the Election Commission did not file formal charges against Pita and did not give him an opportunity to come forward and refute the allegations, claiming that it was merely a fact-check.

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It can be concluded that the Election Commission has selectively compiled and deliberately disregarded the rules it has set for itself. Such action may constitute a violation of criminal law under Article 157.

Cycle of political conflict

Regardless of whether the Election Commission violates the concerns raised by the Move Forward Party, this has significant implications for Pita in the run-up to the prime ministerial vote and leaves a disaffected mood among Pita and Move Forward Party supporters, many of whom are part of the new generation.

The hashtag #กกตมีไว้ทำไม (what we have EC for) quickly rose to the top of Twitter trends in the afternoon. There were venomous comments directed against the Election Commission, including information on all five Election Commissioners. Furthermore, they coordinated protests in several places to voice their dissatisfaction with the EC.

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Supporters of the Move Forward Party.

The Bangkok Metropolitan police have issued earlier a ban on gatherings within 50 meters of the parliament building from July 12 to 15. This preventive measure indicates that further disturbances are to be expected, as if knowing that the abnormality could occur again.

This latest development represents a recurring cycle of political conflict that has persisted in Thailand for nearly 20 years, dating back to before the 2006 coup.

The ongoing struggle between the old power groups and the new generation, the Yellow Shirts versus the Red Shirts, the business elite versus the grassroots, and the conservative nationalists known as royalists versus the progressive democrats known as liberals, has hampered Thailand’s opportunities for democratic development and always fallen into the dark side.

Whether through coups or the ousting of elected victors through legal processes known as “Lawfare,” Thailand has squandered numerous opportunities for progress.

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Gen. Prayuth Chan-ocha and other coups leaders announce the putsch in a televised broadcast on May 22, 2014

Pita is facing a lawfare

Pita’s case, in which his qualifications to be prime minister were tested not by the normal democratic process but by a premeditated mechanism, resembles a trap set in advance.

These include the requirement to solicit votes from qualified members to obtain 376 supporting votes, despite the fact that all senators were appointed during the time of the coup, and the issue of his ownership of ITV, which had not operated as a media company since 2007. These factors became decisive in the final stage of the Election Commission’s decision-making process.

Progressive Movement co-leader Piyabutr Saengkanokkul posted on FB Wednesday Pita is facing a “lawfare” being waged against him by the EC. It took only 32 days for the EC to make the decision while when they considered the qualifications of Foreign Minister Don Pramudwinai, it took 355 days.

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FILE Thanathorn Juangroongruangkit, Pita Limjaroenrat and Piyabutr Saengkanokkul

He added that people are seeing the same plot which saw Future Forward Party PM candidate Thanathorn Juangrungruangkit disqualified being repeated. Back in 2019, it took the EC 75 days to mull over Thanathorn’s case.

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On Wednesday afternoon, the Constitutional Court has also accepted a petition to rule whether Move Forward Party and Pita are attempting to overthrow the democratic system with HM the King as the Head of State by pledging to amend the lese majeste law. The court has ordered the accused to clarify the matter within 15 days.

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