Friday, 19 March 2010

Brother petitions Corrections Dept to provide medical treatment for Da Torpedo

On 22 Jan, Kittichai Charnchoengsilpakul, Da Torpedo’s brother, together with some 30 activists, red shirts and monks, presented a petition to the Corrections Department, requesting the agency to provide medical treatment for Daranee.

Kittichai said that his sister needed to receive treatment outside the prison, because the prison clinic lacks equipment. Despite a medical statement from a doctor at the prison confirming her illness, the court had denied her request for temporary release to receive treatment, and the prison had not sent her to an outside hospital.

Kittichai and a few of the activists talked with Maj Ratthakit Jaijing, Secretary of the Corrections Department, and other officials for about 30 minutes.  The Secretary told them that the Central Women’s Correctional Institution had sent Daranee for medical examination at the Police Hospital on 11 Jan, and the doctors had yet to make any appointment for treatment.

This was up to the doctors’ judgment.  If they considered it a serious case, the department would act promptly.  But if it was less serious, more seriously ill convicts had to be treated first.  The department would definitely follow the doctors’ recommendation, Ratthakit said.

When Kittichai asked if Daranee could be sent to another hospital where he would foot the bill, the Secretary insisted that it had to be in accordance with the rules of the department, and he believed that the Police Hospital could handle the case.  Referral to another hospital was up to the doctors.

Kittichai also addressed mistreatment Daranee had to endure in prison, such as being forced to sit alone, being prohibited from talking to other inmates for 3 hours in the late afternoon, and being transferred to a more crowded cell.  The officials said that it was an internal management issue, but they would look into the matter.

Ratthakit promised Kittichai and the activists that the petition would not negatively affect the convict as feared.    

One of the activists told Prachatai that he joined the petition activity because he supported human rights, and Daranee should have received proper medical treatment.

‘Even if it wasn’t Da, and it was someone else, we would come anyway, for the sake of justice.  Da is not a murderer who has committed an unforgivable crime.  Maybe not many people have come today, because the case scares people,’ the activist said. 

Daranee Charnchoengsilpakul has complained about her molar abscess (a Prachatai reader doctor J suggests that it is probably 'TMJ disorder' or temporomandibular joint disorder) which has made it difficult for her to speak or to eat.
 
On 5 Nov 2009, Dr Pin Limmeechokechai at the clinic inside the Central Women’s Correctional Institute, issued a medical statement, confirming that the problem was a molar joint disorder and suggesting that a CT scan was needed to plan treatment.
 
 
Months before, Daranee had told visitors about her molar problem which prevented her from finishing her meals in time, and the fact that prison food was quite hard and spicy made eating even more difficult for her.  The prison clinic only gave her pain killers.  To receive treatment outside the prison required waiting in a very long queue, and that could take a year.  She had to depend on soya milk, which visitors bought for her, as her main food.
 
According to her lawyer Prawase Praphanukul, officials at the prison clinic told him that they had no equipment to perform operations, and they even asked Daranee to help raise donations of medical equipment for the clinic when she was released.
 
The lawyer had asked the court for temporary release, but was refused.  On 3 Dec 2009, he made the same request again, this time with the doctor’s medical statement, and the Appeals Court also dismissed the request on 8 Dec 2009, saying that the convict had repeatedly committed very serious offences against the monarchy and national security, so it was likely that she would flee or re-commit similar offences, and the claimed illness did not appear life-threatening or affect her everyday life. 
 
 
Constitutional Court dismisses complaint against the closed trial
 
On 27 Aug 2009, Daranee had her lawyer file an appeal with the Constitutional Court against the Criminal Court’s order to close her trials to the public and its refusal to forward her appeal against the order to the Constitutional Court.  The appeal said these decisions were unconstitutional, and asked the Constitutional Court to order the Criminal Court to suspend the case until the issue of the Criminal Court’s order was solved.
 
The Criminal Court had dismissed her appeal against closed trials and rejected her request to forward the appeal to the Constitutional Court, claiming that its order to hold closed trials did not violate the rights of the defendant, as the defendant was able to have her lawyer present and to submit witnesses and evidence in the trials.  
 
One day later, on 28 Aug 2009, Daranee was sentenced to 18 years imprisonment.
 
On 21 Oct 2009, the Constitutional Court dismissed Daranee’s appeal, saying that the defendant was still able to exercise her rights through the Appeals and Supreme Courts, and could exercise her rights through other means before reaching the Constitutional Court, since Section 212 of the 2007 Constitution says that the appellant must already have exhausted all other means.    
 
Regarding the Criminal Court’s refusal to forward the appeal to the Constitutional Court and the defendant’s request for suspension of the case, the Constitutional Court responded that the appellant had not asked it to consider whether a particular provision of the law was unconstitutional or not. 
 
The appeal was therefore not valid since it did not fall within the criteria specified in Section 212 of the 2007 Constitution.
 
 
Criminal Court dismisses Daranee’s lawsuit against judge
 
On the first working day in Jan 2010, Daranee filed a lawsuit against Criminal Court Judge Phrommas Phusae for malfeasance and negligence.
 
According to Daranee’s complaint, on 23 June 2009, Phrommas, as the judge conducting the trials of her lèse majesté case, ordered that the trials be closed to the public, referring to Section 177 of the Criminal Procedure Code, and Daranee objected to this order.  On 25 June 2009, Daranee made a request to the judge to suspend the proceedings and forward her appeal against the order to the Constitutional Court, and on the same day, the judge dismissed the request.  Daranee argued that the judge had no power to do so, and was obliged to forward her appeal to the Constitutional Court.  On 3 July 2009, Daranee made the same request, but the judge again refused the appeal. 
 
On 6 Jan 2010, the Criminal Court dismissed the appeal, saying that the judge had acted according to law.

Comments

Daranee Charnchoengsilpakul

Daranee Charnchoengsilpakul has complained about her molar abscess (a Prachatai reader doctor J suggests that it is probably 'TMJ disorder' or temporomandibular joint disorder) which has made it difficult for her to speak or to eat.

Dr J you are now being cited as an authority on Da's illness. How do you feel about that? Have you ever examined her? Have you ever even seen her? Could you please furnish the basis of your "diagnosis" of Da's illness, rather than some vague reference to "the Thai press", as though they were medical authorities?

This business of the Criminal court refusing appeals of its own rulings is utterly absurd and makes a laughing stock of the Thai courts... or would if their abuses hadn't such serious consequences.

As for the Appeals court answering Da's petition for medical relief with "no because you are a bad person"... that's an answer worthy of an inquisitor not a judge.

The hair splitting of the Constitutional court rounds out the united front of the "legal" system against someone "everyone knows is guilty"... of what?

Secret trials make that impossible to determine.

This is disgraceful. It makes it very hard to take the court system in Thailand seriously.

JFL I've never seen nor

JFL I've never seen nor examined her in person, so how could I make a 'diagnosis'. It's just my impression from what I'd heard and seen through medias. They can't take a vague 'diagnosis' like this seriously, can they?

Anyway, my point of concern is whatever her illness is, whatever her convict is based upon, she deserves some care at least on the basis of humanitarian, doesn't she? Whether 'she' is Da or someone else, my concern remains the same. And hopefully the authority will keep to their words, as cited in the article. Will they fail, it will certainly send a message to all of us that, 'there is a certain kind of crime that perpetrator is considered 'less than human'.

I think Van den Hout the Dutch Ambassador did try to send Abhisit some messages in his latest article in BKK Post, Dealing with lese majeste in Netherlands. And I quite agree with his idea.

Doctor's need not to mention

Doctor's need not to mention their "impressions" of others' medical condition when they have no knowledge of same. Their remarks are immediately latched upon, as yours were, as having greater weight than the trashy newspapers from which those impressions were admittedly derived. The Thai media is always ready to conduct an organized "hate" at the government's request.

It seems that you are bending over backwards yourself to treat fairly someone you are predisposed "dutifully" to despise yourself as a "good Thai", and so you are praiseworthy for standing on principle.

As for the authority keeping to its word as expressed in the article... the only commitment I see is to follow "police doctors'" recommendations. My assumption is that police doctors know what sort of diagnosis is expected of them and will dutifully provide same. Just as some Thai courts sometimes provide the "correct" judgments. Maybe I'm wildly off base, but I hardly think that I am alone in making that assumption. Clearly what's required is an independent opinion.

As far as the Dutch Ambassador's recommendations go... he's talking apples and the Thai government is talking oranges. The law in the Netherlands is concerned with lese majeste. The law in Thailand is in place as a means of political repression.

That is why the Thai law differs so markedly from other lese majeste laws elsewhere. That is why it can be triggered so easily. That is why no one can even specify the "crime" committed without absurdly committing the crime anew. That is why the people charged with lese majeste are "disappeared" by the Thai media and Thai society. That is why Thai lese majeste law is enforced via secret "trials". That is why Thai lese majeste law has such absurd punishments, way beyond the pale.

Thai lese majeste law is a catch-all means of oppression. It has nothing to do with lese majeste, other than using lese majeste as a springboard for oppression.

Couldn't agree more

Couldn't agree more especially with JFL's last two paragraphs. : )

I know you're a good man

I know you're a good man Doctor J, and not because we occasionally agree :) And in addition it is clear that you have both an appreciation for the true amateur, professional or not, and good humor in your choice of a moniker. It's a slam dunk, and from the top of the key, just as the real Doctor used to do himself. You must be a surgeon yourself to have developed such a keen appreciation for such elegant physical operations.

The Dr J who posts here may

The Dr J who posts here may well be American. If he is, he will probably know that you are referring to Julius Erving, one of the greatest basketball players ever. He may well have chosen his moniker in reference to "that" Dr J.... or not. But the rest of the world will have no idea what on earth you are talking about. Try to think a little more globally and a little less ethnocentrically.

I'm sure Doctor J is Thai.

I'm sure Doctor J is Thai. Perhaps he doesn't know to whom I was referring, but obviously I think he does. In any case I was talking to him and not to you. But thanks for benefit of your superior, though unsolicited, global point of view. Please don't sue me, or turn me in to the thought police for overstepping the acceptable bounds of thought and subsequent communication, according to "happy".

Ah, it's indeed 'Julius

Ah, it's indeed 'Julius Erving' I picked my 'doctor J' from : ) He's one of my all time favorite players. How did you guys find it out? Did you sneak into my computer ? BTW, slam dunk is not for a 'shortie' like me.

But flapping our wings can

But flapping our wings can still be flying, right Doctor J? Even Julius was a midget by today's standards. And he DID slam dunk starting from the top of the key!

I'm not even a basketball fan. But my brother Bob was and his admiration for the Doctor was serious enough to escape and alight on me.

You don't need to know

You don't need to know anything about the US or its history to appreciate the late Howard Zinn's point of view:

Q: How does this nature of dissent and protest serve as the crux of a democracy and a healthy, functioning civic society? Many would argue this is divisive, no?

A: ... Those divisions exist - the rich, the poor - whether there is dissent or not, but when there is no dissent, there is no change. The dissent has the possibility not of ending the division in society, but of changing the reality of the division. Changing the balance of power on behalf of the poor and the oppressed.

Q: Most say that corporations now own [the] media. What is the proper outlet for democratic discourse and dissemination of information if indeed there is a biased monopoly over media?

A: Because of the control of the media by corporate wealth, the discovery of truth depends on an alternative media, such as small radio stations [and] networks... alternative newspapers... cable TV programs, which are not dependent on commercial advertising. Also, the internet, which can reach millions of people by-passing the conventional media.

Q: Most don't know that you were a bombardier during WW2. Did this experience bring about the epiphany catalyzing fundamental changes in your ideology?

A: I did not know much history when I became a bombardier in the U.S. Air Force in World War II. Only after the War did I see that we, like the Nazis, had committed atrocities... Hiroshima, Nagasaki, Dresden, my own bombing missions.

And when I studied history after the War, I learned from reading on my own, not from my university classes, about the history of U.S. expansion and imperialism.

"The human experience" is not directly available to any one of us humans who each dwell as points of consciousness within our own bodies, throughout our own times. Sharing our individual experiences over time we can synthesize a "human experience", one that transcends our individual and "ethnocentric" realities and describes our "global" condition.

Surely nobody takes the Thai

Surely nobody takes the Thai judicial system seriously.

But no matter, the Thai judges take themselves seriously enough to make up the credibility gap.

Or so they think.

Come the day, I suspect that some judges are going to find themselves enjoying the same hospitality they have inflicted on others. I for one will shed no tears.

Som nam na.

I really wish Prachatai could

I really wish Prachatai could find a way to block all the spam posts!

The evidence of

The evidence of intention

Darunee’s statements are recounted (based, significantly, on mp3 and video recordings made by two police officers named in the text of the court decision), who or what specifically she refers to by various phrases is interpreted by the court through the use of a series of phrases such as “meaning” (หมายถึง) and “insinuate” (เปรียบเปรย), among others. Darunee does not mention King Bhumipol, Queen Sirikit, or Prem Tinsulanonda. So the first half of the text of the court decision follows a pattern in which Darunee’s statements are quoted, and then assigned meaning by the court. The court, in other words, alleges that she is referring to specific individuals. At this point, the text of the decision is primarily about the sheer content of Darunee’s speech.

“Even though the defendant does not clearly mention any individual by name, the fact is that the prosecutor has brought evidence that makes it possible to interpret that the defendant meant the King and Queen Sirikit”

The defendant does not clearly state who she means by the term ruling class, but after examining all of her spoken statements, (we) are confident that this saying of the defendant refers to the monarchy

In the next to last paragraph, the court decision notes that Darunee herself said that she did not have the intention to slander or insult the monarchy, but that the court’s review of evidence did not match up with this claim.

On the basis of the court’s interpretation of the meaning of Darunee Charnchoengsilpakul’s statements, she was sentenced to eighteen years in prison. Reports so far indicate that she is suffering greatly in prison.

Darunee did not slander or defame the royal family. She stated it was not her intention to do so. The court agreed that she did not slander or defame the royal family, but asserted that she did intend to do so.

Darunee was jailed for eighteen years for a "thought crime" imputed to her by a judge or judges. They read the tea leaves, or gazed into their crystal ball.

No wonder the trial was secret. I might be as ashamed of myself too if I were party to something like this. I might do my best to keep it covered up.

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