102 separatist incidents in the deep South Thailand | Bangkok Post

102 separatist incidents in the deep South Thailand | Bangkok Post
Bangkok Post, August 31, 2012

A total of 102 incidents of unrest struck the four southern border provinces on Friday morning, Internal Security Operations Command (Isoc) deputy spokesman Pramote Prom-in said.

Col Pramote said bombs and suspicious objects were planted in many areas, and insurgents were thought to be to blame. Thai flags were also burned and Malaysian flags hoisted to mark the 55th anniversary of the founding of the Bersatu separatist movement, an umbrella group active in the far South, and Malaysia's National Day, Aug 31.

There were 44 incidents in eight districts of Narathiwat, 34 in Yala's Muang, Yaha and Bannang Sata districts, 12 in Pattani's Muang and Yarang districts, and another 12 in southern Songkhla.

Security officers were able to dismantle most of the bombs, but six soldiers were injured by explosions in different areas of Narathiwat this morning, he said.

"We believe the culprits wanted the incidents to make headlines and they chose to act on Aug 31, which coincides with the national day of Malaysia and the anniversary of the Bersatu's establishment," Col Pramote said. "They [the insurgents] wanted to arouse their followers in the region."

He said the insurgents were trying to generate hatred and distrust between the people of the two neighbouring countries by burning Thai flags and raising Malaysian flags.
However, Thailand and Malaysia will continue to have a good relationship and these incidents will not cause  conflict, he added.

Deputy Prime Minister Yutthasak Sasiprapa, who is in charge of security affairs, said officials in the deep South were checking footages from closed circuit television cameras and tracking down the perpetrators.

"I don't think these incidents will hurt Thai-Malaysian ties and we're telling Malaysia that the Bersatu is trying to get the Malaysian people involved [in the southern insurgency]," Gen Yutthasak said.

Prime Minister Yingluck Shinawatra said she had ordered National Security Council (NSC) secretary-general Wichean Potphosri to visit the South on Saturday to oversee the situation there.

Boonsom Thongsriprai, chairman of the Federation of the Three Southern Border Provinces Teachers, said he believed the insurgents wanted to show off their strength.

Even though no teacher was killed or injured in the incidents this morning, local people had been both directly and indirectly affected, particularly teachers, he added.

Many teachers in Pattani, Yala and Narathiwat were terrified by the latest incidents and admitted that they had lost courage and had no confidence in their safety, he said.

Mr Boonsom said he had been in contact with all school directors in the three southernmost provinces to consider temporarily closing their schools for safety reasons, if necessary.

More than 5,000 people have been killed and over 9,000 hurt in more than 11,000 incidents, or about 3.5 a day, in the three southernmost provinces and the four districts of Songkhla since the violence erupted afresh in January 2004, according to Deep South Watch.

A year on, Thai Rice Subsidy Still Looks a Mistake | Asia Sentinel

A year on, Thai Rice Subsidy Still Looks a Mistake | Asia Sentinel
John Berthelse, 29 August 2012

But it made eight million rice farmers -- and Pheu Thai voters -- happy

Just a year after Thailand's Pheu Thai government introduced its controversial rice subsidy program, it has done exactly what economists said it would do. It has resulted in Thailand's possible loss of its position as the global leader in rice production, added millions of tonnes to government warehouses, and kept the country's 8 million rice farmers blissfully happy.

Now Thailand must try to figure out what to do with its surplus rice. If it puts large amounts onto an already-glutted world market, that would drive the price down further. Global rice on 23 August was selling at US$580 per tonne, 44.1 percent below its cyclical high and 0.3 percent below a year ago according to the United States Department of Agriculture.

The country has led global rice exports in the world for nearly five decades, with volumes increasing steadily from 1 million tonnes in 1974-75 to more than 10 million in 2010-11. Its global export market share peaked at 43 percent in 1988-89. Since that time, it has still fluctuated between 25 percent and 30 percent at a period when the global rice trade tripled, from 11 million to 33 million tonnes. China, the United States and Malaysia have traditionally been the biggest importers of Thai Jasmine rice.

Prime Minister Yingluck Shinawatra's Pheu Thai government lived up to its campaign promise made a year ago when it promised to pay rice farmers a 50 percent premium over global prices. As a result, the rice pledging scheme, as it is called, caused farmers to increase their plantings exponentially: "from fence to fence," as one economist told Asia Sentinel at the time. Indeed, despite devastating floods that inundated 20 central Thai provinces and cut rice production by an estimated 6 million tonnes last year, the country still managed to duplicate its 2011 production of 20.2 million tonnes.

Introduction of the Thai price supports also caused the global price of rice to spike upwards by 25 percent to near US$600 per tonne as other global producers took advantage of Thailand's expenditures to price their own rice somewhat near the Thai price. The global price has since drifted back down on plentiful supplies.

As far too many Asian countries have learned to their dismay, putting a subsidy in place is easy. Dismantling it is next to impossible. From Indonesia to Malaysia to the Philippines, government attempts to reduce or remove subsidies on items as diverse as cooking oil and petrol have often resulted in riots and badly damaged support for the government. The government has been forced to buy as much as 10 to 12 million tonnes of surplus rice at least US$100 per tonne over world prices. Nonetheless, a top Commerce Ministry official said earlier this month that the rice pledging program would continue.

With Thai government prices well above global prices, Thailand is no longer competitive, meaning trouble for the rice milling and other export operations that depend on the global trade.

India surpassed Thailand as the world's largest rice exporter, with overseas shipments of 3.61 million tonnes at the same time Thailand shipped 3.6 million tonnes, a Thai slump in exports of 45.8 percent. It appears likely that Vietnam will also surpass Thailand as well, having shipped 3.52 million tonnes as of July 10.

Whether India and Vietnam will continue to top Thailand is uncertain.

"Is this the end of the dominance of Thailand in the global rice market," asked Dr Samerendu Mohanty, an economist with the International Rice Research Institute in Los Banos, Philippines. "The answer to this question is not a categorical 'yes' or 'no.' It depends on developments on several fronts. If Thailand disbands its pledging program, it will keep its top post, at least in the immediate future."

However, Mohanty said, even if the country were to drop the pledging program, Thailand's stay at the top could be short-lived. Myanmar, which under colonial rule was perennially the world's top rice exporter, is emerging from its decades of disastrous socialist rule and is projected to begin modernizing its agricultural sector. Cambodia as well is endowed with fertile lands and a favorable natural environment. Both can expand their production and take away market share from Thailand, Mohanty said.

In particular, the government established the Myanmar Rice Industry Association in 2010 by merging producers, traders, and millers associations, aiming to speed up the development of the sector by attracting private investment and raising the sector's concerns to the government. It has also passed the right to export from government hands to private enterprise.

India has undertaken similar measures to rationalize its rice sector and shows no sign of giving up its primacy and a rice producer, and particularly has switched some of its production from basmati to milled white rice--Thailand's mainstay--although Thailand rice quality remains the best in the world.

Quoted prices for Thai white and parboiled rice were higher by nearly US$200 per ton than their Indian counterparts during the initial months after India's resumption of non-basmati rice exports. Although the price difference has narrowed with the steady decline in Thai price quotations in recent months, the price difference still remains around $100 per ton, Dr Mohanty said.

India, the economist continued, is emerging as the frontliner in agriculture in general and could become a global food basket, an astonishing accomplishment for a country that for decades, perhaps centuries, has been plagued with starving millions. However, India?s big problem seems not to be growing enough food but of distributing it to its poor. Stories have abounded of rotting tonnes of food while people starve in close proximity to the rotting produce.

Both Myanmar and Cambodia must overcome many obstacles, including poor infrastructure -- port facilities, roads, irrigation, rural electricity, etc., inadequate availability of credit, inputs, and quality seeds; and other supply chain constraints before the presence of either will be felt in the international rice market, Mohanty said.

"In the end, it all depends on how fast the global rice trade expands. If global rice trade volume follows the trend of the past two decades, it is possible to have enough maneuvering space for all exporters, including the new entrants," he continued. "Hence Thailand will continue to hold on to the top position. But irrespective of what happens to Thailand's status in the global rice market, it is exciting to see the prospect of new exporters in the rice market. This will definitely bring more stability to the market and improve global food security."

Despite 90 dead unarmed civilians Thai Army snipers claim: “We used fake bullets” | Asia News – Politics, Media, Education | Asian Correspondent

Despite 90 dead unarmed civilians Thai Army snipers claim: “We used fake bullets” | Asia News – Politics, Media, Education | Asian Correspondent
Andrew Spooner Aug 29, 2012

Whilst the Wall Street Journal, Financial Times and other associated bloggers and foreign media are fixated on the non-lethal lies of the Thailand’s finance minister, the leaders of Thailand’s Democrat Party and their allies in the Thai Army remain able to lie, scheme and threaten with complete impunity.

As discussed yesterday, the Democrat Party leader Abhisit Vejjajiva was reported to be making what can only be called “threats” to the democratically elected government of Yingluck Shinawatra. At the same time his former Deputy, Suthep Thaugsuban, was making remarkable claims that he had no knowledge of the Thai Army shooting at Red Shirts in April 2010.

A Thai Army sniper/marksman "not" shooting at anyone

Bizarre as that all may sound both Suthep and Abhisit were completely upstaged today by two Thai Army snipers who reported to an investigation panel at Thailand’s Department of Special Investigation to be questioned regarding the deaths of unarmed civilians, many of them shot in the head in marksman like fashion, during the Red Shirt protests in April and May 2010.

The reported response to questioning by the DSI from these snipers is that yes they shot at the Red Shirts but  that they only used “fake bullets“. So all those corpses piled up on the streets were just play acting I take it? Is the 16year old boy in this harrowing footage who was left to die on the street after being shot in the head, “faking” it as well?

Given the overwhelming and incontrovertible evidence that not only were Thai Army snipers/marksmen deployed against unarmed civilians in 2010 – the orders to do so are here and video footage is here – what is even more incredible is that these “lethal lies” have and will be completely ignored by the international media working in Thailand.

Given that this media has been an active part of the cover-up of the murders of Thai civilians in 2010 their on-going collaboration is to be expected.

But what is certain is that the international media in Bangkok, while they only report the “white non-lethal lies” told by the democratically elected government while allowing other elements to get away with murder,  cannot claim to be balanced, impartial or even honest.

Two Thai lèse majesté convicts released | prachatai.com

Two Thai lèse majesté convicts released | prachatai.com
prachatai, August 29, 2012

On 24 Aug, Warawut Thanangkorn, aka Suchart Nakbangsai, and Suriyan Kokpuey were released from Bangkok Remand Prison under the 2012 Royal Decree for Royal Pardon on the occasion of HM the Queen’s birthday on 12 Aug.

Warawut, an anti-coup activist, was sentenced to 6 years’ imprisonment, which was reduced by half due to his guilty plea.  He was imprisoned for about one year and 10 months.

Warawut

Suriyan, a shoe repairer, was sentenced to 6 years and one month in prison, and the jail term was also halved due to his guilty plea.  He was imprisoned for about one year and 11 months.

Suriyan and his parents

Suriyan’s parents Suwit and Surin arrived at the prison at 6am in anticipation of their son’s release, after having been disappointed the previous day due to a delay caused by bureaucratic paperwork.

Other people who also came to greet the two released prisoners included Warawut’s elder brother, Chairwoman of the United Front for Democracy against Dictatorship Thida Thawornsate and her husband Weng Tojirakan (a red shirt leader and Pheu Thai MP), Chulalongkorn University lecturer Suda Rangkuphan and some 40 red shirts.  Reporters from various news organizations were also present.

The pardoned prisoners were released in groups about 15 minutes apart, about 30 in each group.  A total of 304 prisoners were released on that day.
 
Warawut and Suriyan were released in the second group at about 9.30 am.  They came out and were met with the sound of greetings and were given garlands and flowers.

After his release, Warawut waited to visit other political prisoners still imprisoned there and ordered food for them, while Suriyan and his parents went to Lak Si Prison to visit political prisoners there.

Warawut told reporters that he would hold a talk show on 3 Nov to share the experiences of his anti-coup activities, prosecution and life in prison, with tickets priced at 112 and 2,000 baht.

(From left) Nat Sattayapornpisut, Suriyan Kokpuey and his parents at Amphon's funeral on 26 Aug

Warawut Thanangkorn, having been released a few days before the funeral

While Suthep obfuscates, Abhisit threatens: Democrat Party back to normal in Thailand | Asia News – Politics, Media, Education | Asian Correspondent

While Suthep obfuscates, Abhisit threatens: Democrat Party back to normal in Thailand | Asia News – Politics, Media, Education | Asian Correspondent
Andrew Spooner, Aug 28, 2012 


Thailand’s former Deputy Prime Minister, Suthep Thaugsuban, who was also the man directly in charge of CRES, the infamous Committee for the Resolution of Emergency Situation (the body which ordered snipers and soldiers on to the streets of Bangkok in 2010), has recently given 13 hours of testimony to Thailand’s Department of Special Investigations (DSI). The testimony was part of the DSI’s ongoing investigations into the deaths of 90+ civilians and 6 soldiers during Red Shirt protests in April and May 2010.

According to recent reports in Thai national daily Matichon Suthep stated that he had “never seen” the video footage of the Thai Army shooting at Red Shirt protesters in the afternoon of April 1o, 2010 at Kok Wua.



This is an astonishing claim by Suthep – video clips of heavily armed Thai soldiers attacking unarmed Red Shirts on the afternoon of April 1oth have been widely circulated for the last two years, including video of heavily armed, Thai Army tracked Armoured Personnel Carriers being driven directly towards obviously unarmed pro-democracy protesters.  Given that Suthep has a legal responsibility to act lawfully the simple fact that it has taken him this long to ascertain the facts of what happened on the ground is astonishing. Or maybe CRES, the Army and the Democrat Party had a plan to disperse the Red Shirts using lethal force already in place?

Of course there has been a sophisticated campaign conducted by, amongst others, the US Embassy-aligned human rights group, Human Rights Watch, to patly blame the deaths of the 90+ unarmed civilians on the Red Shirts themselves who, they claimed in their report into the violence in 2010, were allied with armed militias whom HRW call the Men in Black. However, HRW’s own citations show that these claims were based almost entirely on the dubious testimony of  CRES and government officials, one or two foreign journalists, and on that of the  Thai Army’s own PR machine, none of whom have ever been cross-examined (the WikiLeaks cables revealed that Human Rights Watch staffers in Bangkok had been secretively supportive of the Thai Army-led coup in 2006).  No other substantiating evidence has ever been produced by HRW relating to these armed militants (were HRW interfering in any subsequent investigation by producing such a badly substantiated document and claiming it as a “factual account”?). At least one prominent Thai journalist, the Bangkok Post’s well-connected Defence Correspondent, Wassana Nanuam has since stated that, in fact, the Men in Black were more likely a rogue element in the Thai Army. Furthermore, a report recently released by a group of Thai academics also suggests that “armed” attacks on the Thai Army were more likely “green” on “green” and a product of army in-fighting than anything to do with HRW’s fantasies of mysterious Men In Black.  Of the 90+ civilians who died in 2010 not one has proven to have been “armed”, never mind been proven to be the member of the kind of organised “terrorist” cell that might necessitate the kind of vicious military crackdown perpetuated by Suthep’s government in 2010.

As if to cement the Democrat Party’s position on military accountability, their leader  and the former unelected/army appointed PM, Abhisit Vejjajiva, today made statements attacking the present democratically elected PM, Yingluck Shinawatra, for attempting to bring the Army under democratic control.

What part of democracy and accountability does Abhisit fail to understand?

Yet Abhisit seemingly went further than just criticism. Thai national daily Thai Rath has quoted Abhisit making comments about Yingluck “ending up like Thaksin in 2006″ if she attempts to bring the Army under more democratic control.

Yingluck’s brother, Thaksin, was removed by an illegal military coup in 2006.

If Abhisit actually believed in democracy he’d do better putting together policies that might be attractive to Thai voters rather than making childish threats to an elected government.

Challenge to Singapore’s anti-gay law to go ahead | Asian Correspondent

Challenge to Singapore’s anti-gay law to go ahead | Asian Correspondent
Kirsten Han, Aug 26, 2012 

After almost a year of deliberation, the Court of Appeal overturned the High Court’s decision to dismiss the application to challenge the constitutionality of a law criminalising sex between men.

Section 377A of Singapore’s Penal Code says that “[a]ny male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to 2 years.”

In their judgement, Justice V K Rajah, Justice Andrew Phang and Justice Judith Prakash stated that the constitutionality of the law is of “real public interest” and “affects the lives of a not insignificant portion of our community in a very real and intimate way.”

The constitutional challenge was filed two years ago by Tan Eng Hong, who had been caught having oral sex with another man in a cubicle of a public toilet. Although he was first charged under 377A, the charge was later reduced to one of committing an obscene act in public.

The government has often justified retaining Section 377A by saying that it is in line with the general conservativism of Singaporeans who are not ready to accept homosexuality, but have also assured people that the law is not actively enforced. The Attorney-General argued against the challenge proceeding on the grounds that there is “no real and credible threat of prosecution”.

However, the Court of Appeal has pointed out that as long as 377A “remains in the statute books, the threat of prosecution under this section persists”.

This judgement from the Court of Appeal has once again revived discussions over whether Singapore is ready to get rid the anti-gay law. Despite the government’s assertion that people are not ready to accept homosexuality within Singapore’s society, the large amount of support enjoyed by LGBT movements such as Pink Dot may indicate that a shift is underway.

The date for the hearing for the application has not yet been fixed.

German expert's statement on SMS sender identification in Amphon's case | prachatai.com

German expert's statement on SMS sender identification in Amphon's case | prachatai.com
prachatai.com, August 25, 2012

Poonsuk Poonsukcharoen, lawyer for Amphon Tangnoppakul, has published a letter from an expert on telecommunication technology in Germany on her Facebook page.  The letter was intended to be used in the Appeals Court before the appeal was withdrawn.

000

SR Security Research Labs GmbH   Veteranenstr 25   10119 Berlin

Cross Cultural Foundation (CrCF)
111 Soi Sitthichon Samsennork Huaykhwang
Bangkok 10310
Thailand
Dr. Karsten Nohl
Chief Scientist
nohl@srlabs.de
+49-3089392996

Berlin, January 30th 2012

Expert statement on SMS sender identification

To whom it may concern:

Security Research Labs is a risk management think tank in Berlin, Germany that advises European telecommunication network operators and governments in mitigating risks arising from cell phone technology.

We were asked to provide a subject matter expert opinion on the reliability of mobile phones identifiers used in determining the sender of an SMS message.

The attached statement was prepared based on extensive knowledge of GSM standard, the operation of GSM networks in general, and measurements of the GSM networks in Bangkok, Thailand in particular. The statement reflects the current state of GSM security research and was prepared to the best of our knowledge.

Best Regards,

Dr. Karsten Nohl

-------------

Expert statement on SMS sender identification

This statement discusses the question of whether a mobile phone sending a text message can be identified reliably based on data records in the phone network. This question is to be investigated for the dtac GSM network in Bangkok, Thailand.

Question 1: Does an SMS identify a phone (IMEI)?

An SMS transaction contains multiple small data packets exchanged between a phone and the radio network. These packets negotiate encryption, establish the transaction type, and exchange data. One example SMS transition on the dtac network included 107 packets.
Phones are identified by their IMEI numbers, which act as serial numbers.
One packet, called the “Cipher Mode Command”, can ask the phone to send its IMEI number in the next packet. However, the dtac network does not use this option in SMS transactions as shown in Figure 1. This was verified at multiple locations in Thailand.
No other message in an SMS transaction can include the IMEI number.

Answer 1: An SMS transaction on the dtac network does not identify a phone (IMEI).
[See images below]

Figure 1. Partial trace of an SMS transaction on the dtac network in Bangkok, Thailand. The “Ciphering Mode Command” message does not ask the phone to send its IMEI number.


Question 2: How does the dtac network assign an IMEI to an SMS transaction?
The mobile network and phones execute different types of transactions including SMS messages and voice calls. The only type of transaction on the dtac network that include the IMEI number are “Location Update” transactions. These transactions are done when the phone is switched on, when it changes location significantly (ie, to a different part of a city), and also periodically.
The phone identity included in a dtac SMS record most likely is copied from the most recent “Location Update” the network observed for a given subscriber account.

Answer 2: The IMEI is most likely copied from an older transaction into the dtac SMS record.

Question 3: How does the dtac network assign a location to an SMS transaction?

Answer 3: The possibility exists that the location is copied from an older transaction into the dtac SMS record. Further information from dtac is needed for a conclusive answer.

Question 4:  Can an SMS message be sent without a phone?

Answer 4: SMS messages can be sent from the Internet with arbitrary spoofed sender numbers. If the dtac network creates delivery records for such transactions, it would likely include the IMEI number of the most recent “Location Update” message from the spoofed phone number. Further information from dtac is needed for a conclusive answer.


Question 5: Can individuals observe IMEI numbers on the GSM network?
“Location Update” transactions that include a phone’s IMEI number are sent encrypted over the air. The GSM standard uses outdated security that can be broken within seconds.
Software that has been available on the Internet since 2008 can be used to break the encryption of a “Location Update” message in less than one minute on a standard computer.
Since the release of the software, it has been installed in hundreds of locations around the world. Engineering students take less than one week to create a functioning intercept and decryption setup.

Answer 5: Technologically-savy individuals can extract IMEI numbers from GSM messages.


Question 6: Can SMS be sent from a phone using somebody else’s identify?
The IMEI number on almost all phones can be changed using widely available software.
Answer 6: An individual can easily change the IMEI of his/her phone to the IMEI of somebody else’s phone.


Conclusion

The dtac SMS transaction records are not reliable in identifying a phone as the emitter of an SMS message. At least two possibilities exits where the data diverts from reality:

• SMS injected into the phone network from the Internet or SS7 network may be falsely linked to a “Location Update” message of somebody else’s phone
• Phone identities can be changed to the phone of somebody else in the same part of a city after observing a transaction of the other phone with the GSM network which requires only readily available hardware and software

Former Judge’s Views on the Case of Ah Kong | prachatai.com

Former Judge’s Views on the Case of Ah Kong | prachatai.com
prachatai.com,  August 24, 2012

Originally published on the Facebook page of Poonsuk Poonsukcharoen, lawyer for Amphon (Ah Kong); Republished on Prachatai


The below is from a lecture given by Professor Satit Phairoh, a former judge, during the 65th session of the Thai Bar Association. A senior colleague sent me a recording of the lecture and I have transcribed it so that other people can read it. Doing this case, I learned a lot of lessons. These included the difficulties with temporary release, detention, the demonstration of evidence, and the admissibility of evidence. I do not want to make excuses for myself as a lawyer, but what I want is for the judicial process to progress in a noble fashion.

The cremation of Ah Kong will be on 26 August at Wat Lad Phrao. All are invited to come bid Ah Kong farewell.

------------------------------------------------------
A question was raised about Ah Kong’s case:

Article 39 of the Constitution says that everyone is presumed innocent. It is a general principle that when a person is innocent, bail must be granted. This is simple, there is nothing profound about it. According to this principle, at the time one is charged, the court has not yet delivered a verdict of whether or not the law has been broken, and so bail must be granted. If bail is denied, a rationale for why not must be provided. And, the rationale must be a logical one. When I was assigned to dispose of case dossiers, I encountered illogical rationales.  When you dispose of dossiers, you have to read every one of them. I found many quite odd cases.  In one case, the defendant was charged with stealing an elephant. The Court ruled that “This is major theft. Bail can’t be granted.” This rationale is not in line with the Criminal Procedure Code. This is not how it is written in the law.  In another case, the defendant was accused of stealing a needle and thread. A minor theft from a house. The court ruled that, “Bail is not granted for petty theft.” It is not written in the law that bail is not granted for petty theft. There is no basis for this. 

In the case of Ah Kong, on the issue of bail, the court ruled that, “The facts concerning the offence as described in the plaint gravely impact public sentiment and national security.” They wrote in this fashion before there had been any investigation, at all. This indicates that the Court already believed that the accusation was true. If you already believe the charges when you read them, how can you be a judge? You have to listen to evidence before you can write that, “The facts of the alleged offence gravely impact public sentiment and national security.” Having only read the charges, without having heard evidence in the case, how can the judge talk about the impact? You have to investigate first. Making a decision without listening to the evidence is a definitive characteristic of how a judge should not act. No matter how terrible the indictment sounds, it is an allegation only. The facts have not yet shown whether it is true or false.

They guessed further that, “If the examination of evidence results in solid proof, the defendant may flee.”  The Court began by surmising that if the proof advanced was solid, then the defendant might flee. And if they surmised incorrectly, then who would be held responsible? Would they be jailed (instead of the defendant)? No. This decision was based on a guess. How do you know if the proof will be solid or not? By guessing. This conjecture had a disastrous effect for their defendant. An order like this is not characteristic of a Court that is supposed to be impartial.  The order violated the Constitution. The Constitution is procedural law, if you ask me.

The Court made another incorrect conjecture. Why is this? It is written in the judgment itself that, “Although the plaintiff is unable to present indisputable proof that the defendant is the person who sent the messages as charged.”  This indicates that the Court acknowledged that the plaintiff’s adduction of evidence was not indisputable.  This indicates that the ruling about bail was incorrect. But the Court committed a double fault by convicting the defendant. If the evidence is not indisputable, how can you convict a defendant?  This is a breach to Section 227 of the Criminal Procedure Code which clearly stipulates that in weighing the evidence, the Court must not render a judgment to convict until it is certain that the offence was committed and the defendant was the perpetrator. The word “certain” means indisputable.  When you say it is not indisputable, how are you able to render a conviction?

At the end of the judgment, they wrote even more incorrectly: “But it was difficult for the plaintiff to find eyewitness evidence.” Where in the law does it say that if it is difficult, then you can convict on speculation? There is only one principle here: the plaintiff must have evidence that the defendant committed the offence beyond doubt, whether it is eyewitness or circumstantial evidence. It cannot be that there is circumstantial evidence and so you can then convict on speculation.  This judgment will eternally stand and cannot be subjected to correction since Ah Kong is dead. This judgment will be eternally criticized because the Appeal Court and the Supreme Court have no chance to amend it.  I presume if this case went to a higher court, the higher court would not allow the decision to stand because it was unlawful. This decision contradicts Section 227 completely. It is a contradiction on the order of saying that the sun rises in the west. Jurists must have principles, and must not write arbitrarily. If you are a judge, do not do this. Don’t think you are powerful and can do anything at will. We are not the only ones who read the law. Professor Nidhi Eoseewong has written that the Court acts arbitrarily. He is correct.

-- Professor Satit Phairoh, lecture on criminal law, 65th session of the Thai Bar Association, 8 June 2012.

Translated by Tyrell Haberkorn and Pipob Udomittipong.

China's Navy Goes Global | Asia Sentinel

China's Navy Goes Global | Asia Sentinel
 Jens Kastner, 21 August 2012

And develops a cruise missile to supplement its seagoing arsenal
China is developing a ship-based cruise missile that has the capability to attack targets thousands of kilometers inland, snapshots published by a military enthusiast web site suggest. For the first time, that would give the People's Liberation Army Navy a weapon comparable to the US's hugely successful Tomahawk missile.

It is the newest chapter in Beijing's quest to be taken seriously as a global military power. While China has had land-based cruise missiles for perhaps a decade, the emergence of the new ship-launched ones, which are designed to carry out long-distance precision attacks against targets on land at the lowest risk to its own forces, is an indication of how far the Chinese has come since Mao Zedong was in charge.

Under Mao, China's navy was concentrated on coastal defense and for the possible invasion of Taiwan. It wasn't until Chinese military planners in the late 1990s realized that their rising country could quickly be brought to its knees by an enemy seeking to choke off the economy's supply of oil and other raw materials on the high seas.

Currently 74 destroyers and frigates as well as 63 submarines make up the Chinese blue-water navy. The new missiles, which in theory could be launched from either platform, are expected to do their share in beefing up the force. What ship-launched land-attack cruise missiles can achieve has been impressively demonstrated by the US Navy and its allies in the 1991 Persian Gulf War, the 1995 Bosnian War, the 2003 invasion of Iraq and the 2011 campaign against Libya, among others.

According to James R. Holmes, an associate professor at the US Naval War College, it's clear that the Chinese Tomahawk isn't meant for contingencies in East and Southeast Asia. Against China's opponents there, they are hardly needed.

“China's inventory of land-based ballistic missiles already gives Beijing an enormous asset to Chinese diplomacy vis-a-vis countries within the missile envelope strikingly depicted in the Pentagon's annual reports on Chinese military power,” Holmes told Asia Sentinel. But, he said, outside the range of the Second Artillery, the unit controlling the PLA's arsenal of land-based nuclear and conventional missiles, the picture is different.

“There a land-attack cruise missile grants the PLA Navy an option to project power from the sea, much as the US Navy has enjoyed since the Tomahawk debuted in the 1980s,” Holmes said. “This is part of China's coming-out party as a blue-water sea power.”

In order to evolve from a Mao-inspired naval force that kept its home ports pretty much in view to one that ensures free passage for Chinese merchant fleets tens of thousands of kilometers away, Beijing not only needs continuing breakthroughs in the acquisition of weapon systems but must also send the navy to practice. Farewell ceremonies in China's naval bases have been becoming more and more familiar to the Chinese blue-water fleets ever since 2008, when China became a participating member in the international anti-piracy patrols off Somalia, having marked the first time Chinese warships operated outside their own territorial waters.

Illustrating the Somalia mission's importance to the navy’s coming-of-age are the numbers when added up: Since operations began, in stints that last about four months, Beijing has dispatched 11 naval escort task forces that usually consist of one or two destroyers or frigates and one supply ship. If deployment continues at this pace, each destroyer and frigate will have had its turn in about five years.

Because the task forces come with well over 600 sailors plus a few dozen special operations personnel, thousands of Chinese military men and women who rotate through the anti-pirate patrol operations are provided with the opportunity to get somewhere near to what could cautiously be described as real combat stations.

Chances to sail elsewhere for the odd operation and also to carry out friendly calls to far-away ports have been deriving from the Somalia mission: In 2010, Chinese warships visited Egypt, Italy and Greece. Last year, a missile frigate was diverted from the Somali coast to waters off Libya. In what amounted to the navy’s first-ever operation in the Mediterranean, it protected the evacuation of Chinese civilians amid the raging civil war. some 12,000 km from its home port.

In mid-August, also for the first time in history, the PLA navy paid a friendly visit to Israel and later made its maiden entry into the Black Sea, sailing with a destroyer and a frigate that are part of the 11th Chinese naval escort task force, to Bulgaria. The Chinese naval hospital ship Peace Ark has also been cruising Asian, African and Caribbean waters in the meantime, treating tens of thousands of afflicted people as part of a goodwill mission.

Although Chinese soldiers and sailors have fired hardly any shots during their stints off the African coast, let alone on excursions into the Mediterranean, the missions are hugely valuable because according to the PLA calculus, this hands-on experience would be badly needed if in future conflicts an enemy were to block the Suez Canal, the Strait of Hormuz or the Malacca Straits.

Professor Holmes says a Chinese “Tomahawk” fits neatly into the equation. He finds that although such a system is of concrete use mainly for powers like the US, which unlike China do not maintain an inventory of conventional, land-based ballistic missiles that can devastate most potential opponents, in China's case, it's a very plausible choice, if only to provide Beijing's foreign policy with powerful argumentative ammunition.

“Demonstrated capability confers diplomatic influence,” he said. “This adds luster to the PLA Navy's reputation outside East Asia and to China's reputation more broadly.”

Court withdraws bail for Yossawaris | Bangkok Post

Court withdraws bail for Yossawaris | Bangkok Post
Bangkok Post, August 22, 2012

The Criminal Court on Wednesday revoked the bail of Yossawaris Chuklom, alias Jeng Dokchik, for violating bail conditions but 17 other red-shirt leaders, including Jatuporn Prompan and Veerakan Musikhapong, remain free pending trial on terrorism-related charges.

The court announced its decision came after examining three new witnesses for Mr Yossawaris.  They were Thanis Thienthong, a deputy interior minister; Pol Col Krailert Buakaew, deputy chief of Metropolitan Police Division 1; and Jarin Suankaew, chairman of the December 5 Maharat Foundation.

The decision covers only 18 of the 19 defendants. Phumkitti "Pichet" Sukchindathong, the 11th defendant, submitted a doctor's letter certifying that he was sick and unable to attend.
The court will consider the future of Mr Phumkitti's bail, together with the five Pheu Thai MPs who are protected by parliamentary immunity, on Nov 29.

The court said that Mr Yossawaris was the only one of the 17 defendants found to have violated any of the conditions set for bail.

Mr Jatuporn did use harsh and impolite words in his speech, but what he said did not insult or threaten Constitution Court judges.  So, he had not violated his bail conditions.

As for Mr Yossawaris, the court said the way he gave out the telephone numbers of the judges to the audience and told them to make threatening calls, and his gestures, could be construed as a threat and applying pressure on the judges.

Therefore, the court decided to revoke Mr Yossawaris' bail.

Those remaining free on bail were prohibited from going up on the stage to make any speeches and from travelling abroad.

After the court delivered its decision, United Front for Democracy against Dictatorship spokesman Worawut Wichaidit asked the red-shirt supporters gathered outside the court to stay calm and accept the court's ruling, adding that the UDD would re-apply for bail for Mr Yossawaris.

Mr Yossawaris was taken to Bangkok Remand Prison after hearing the court's decision.
UDD lawyer Winyat Chartmontree said he would submit a new bail application, but did not say when.  After re-applying for bail, he would also seek Mr Yossawaris' transfer from Bangkok Remand Prison to a temporary detention centre for defendants in political cases at Bang Khen.

Deputy Agriculture Minister Nattawut Saikuar, one of the five MPs due to attend the court's bail hearing on Nov 29, said UDD core members must be more careful in making public speeches.

HK activists return in boat from disputed islands | Asia News – Politics, Media, Education | Asian Correspondent

HK activists return in boat from disputed islands | Asia News – Politics, Media, Education | Asian Correspondent
AP News Aug 22, 2012

HONG KONG (AP) — A group Hong Kong activists deported from Japan after landing on disputed islands in the East China Sea has returned home in their fishing boat to a hero’s welcome.

The seven activists who returned Wednesday were part of a 14-person group that evaded the Japanese Coast Guard to reach the islands a week ago. Their arrest and expulsion inflamed anti-Japan sentiment in China. The other seven were sent back by plane on Friday.

The uninhabited islands are known as Senkaku in Japan and Diaoyu in China. They’re surrounded by rich fishing grounds and may also be near underwater natural gas deposits. They’re controlled by Japan but also claimed by China and Taiwan.

The activists’ boat was greeted by throngs of supporters as it arrived on Hong Kong’s waterfront.

MILF: Politician brought ailing Kato to Cebu hospital in July I Philippine Daily Inquerer

MILF: Politician brought ailing Kato to Cebu hospital in July | Philippine Daily Inquerer

MANILA, Philippines – Moro rebel leader Ameril Umbra Kato of the Bangsamoro Islamic Freedom Movement was hospitalized in one of Cebu’s posh hospitals last month that was “facilitated and bankrolled” by a politician, the Moro Islamic Liberation Front said.

“This was the report received by Luwaran from a reliable source in Cebu City and corroborated by a government official in Maguindanao,” said the statement that was posted on the official website of MILF at luwaran.com

The report added that Kato’s hospitalization was “facilitated and bankrolled” by a politician, whose identity has not been disclosed yet, the MILF said.

“We knew of Kato’s presence in Cebu one day after he arrived, but we kept the information close to our heart for humanitarian reasons,” it also said quoting the source.

These information came from “a reliable source in Cebu City and corroborated by a government official in Maguindanao.”

Kato, the leader of the MILF’s breakaway group, was reported to have suffered a heart attack last year and was even reported dead.

During the height of clashes in Maguindanao early this month, Kato’s group was reportedly reinforced by armed men from Kalamansig, Sultan Kudarat, and Matalam, North Cotabato, who are not members of the BIFM. There were also patches, not BIFF’s, recovered by government troops when they occupied the various positions of the BIFM/BIFF in Mount Firis few days ago, MILF said.

Meanwhile, the MILF also called on the leadership of the BIFM “to rethink their position especially launching military attacks in civilian-populated areas.”

“This will not give you any political gain; instead will further delegitimize your organization,” said Muhammad Ameen, head of the MILF Secretariat, in response to the short-lived BIFM/BIFF offensive in Maguindanao.

Doctors find woman accused of lèse majesté insane | prachatai.com

Doctors find woman accused of lèse majesté insane | prachatai.com
prachatai.com, August 18, 2012

A 63-year-old woman, who was alleged to have committed lèse majesté during a protest in front the Constitution Court in July, has been diagnosed as mentally ill by psychiatrists.

On 16 Aug, Pol Lt Col Phiphob Sukkam, a Deputy Superintendent of Investigation at Thung Song Hong Police Station in Bangkok, said that the Galya Ratchanakharin Institute, where Thitinan Kaewjantranon had been held since her arrest, had already submitted its diagnosis of her mental health.

Thitinan was examined by a team of psychiatrists, psychologists and other specialists, led by a former Director-General and a Deputy Director-General of the Department of Mental Health under the Ministry of Public Health.

‘According to the diagnosis, Thitinan is mentally ill and is in need of at least a further two months’ medical treatment at the institute.  She is now incapable of giving any testimony and handling any legal action,’ the police officer said.

The case will be forwarded to Deputy Commander of Metropolitan Police Pol Maj Gen Parinya Chansuriya, the chief investigator in charge of the case, to consider what to do next, he said.

On the same day, Criminal Court Director-General Thawee Prachuablarb told reporters that in cases where the accused claimed during police investigation that they were mentally ill [in committing alleged crimes], police investigators were obliged to send them to be examined by psychiatrists. 

If the accused are found to be permanently mentally ill, having committed the alleged crimes without being able to control themselves, they will probably be acquitted.  But, if found to be temporarily mentally ill, they will probably be sentenced to punishment less severe than that prescribed in the law, he said, citing Section 65 of the Criminal Law:

Whenever any person commits an offence at the time of not being able to appreciate the nature, or illegality of his act or not being able to control himself on account of defective mind, mental disease or mental infirmity, such person shall not be punished for such offence.

But, if the offender is still partially able to appreciate the nature or illegality of his act, or is still partially able to control himself, such person shall be punished for such offence, but the Court may inflict less punishment to any extent than that provided by the law for such offence.

As Section 112 of the Criminal Code prescribes a penalty of lèse majesté of from 3 to 15 years’ imprisonment, those who are found to be ‘partially able’ to control themselves might, for example, be sentenced to one or two years’ imprisonment, he said.

If investigators or the courts view that the accused are mentally ill and not capable of handling their legal cases, they are authorized by law to suspend any legal proceedings and send the accused to receive medical treatment at mental institutes or hospitals until they are considered able to account for themselves, he said.

Thitinan, a New Zealand resident, was accused of lèse majesté for her allegedly improper actions against a picture of HM the King in front of the Constitution Court on 13 July.
Having been held under medical care by the institute since her arrest, she has been officially forbidden go abroad by the police. 

Nitirat members file police complaint against potential threats | prachatai.com

Nitirat members file police complaint against potential threats | prachatai.com
prachatai.com, August 18, 2012

On 17 Aug, members of the Nitirat group, which consists of young Thammasat University law academics who have proposed amendments to the lèse majesté law and the rewriting of the constitution, went to Chanasongkhram Police Station to file a complaint after mysterious men had been seen at their offices taking photographs of their schedules to meet students.

Some Thammasat University staff took notice of their presence and shot video clips of their activities.  So the Nitirat members decided to file a police complaint, so that the police would conduct further investigations, Worachet Pakeerut, a leading member of the group, told Prachatai.

He said that similar incidents had seemed to happen more frequently lately at the campus in Tha Phrachan.

On 10 Aug, Theera Sutheewarangkul, another member of the group, posted on his Facebook page that a cleaner at the Faculty of Law had told him that earlier that month a man of medium build with short hair, a little over 20 years old, claiming to be a student, had come around to ask about the Nitirat group, and after failing to see any of them, had taken photographs of the front of their offices.

Pol Lt Col Phanusak Samersri, an investigator at Chanasongkhram Police Station, said that he would make an entry in the daily police log and would ask the university to provide its security surveillance video footage for the police to investigate and consider whether the men in question had meant any harm.  

Troops involved in red-shirt crackdown had no sniper rifles: Thai army | The nation / Thailand

Troops involved in red-shirt crackdown had no sniper rifles: Thai army | The nation / Thailand
News Desk, The Nation, August 18, 2012

Thailand's Army spokesman yesterday denied that troops deployed to the crack down on red-shirt protesters were armed with sniper rifles.

Col. Sansern Kaewkamnerd, the army spokesman, said troops were only using M16 assault rifles equipped with a telescope to monitor the situation.

Kaewkamnerd was reacting to a comment by Pol. Col. Prawet Moonpramuk, deputy director-general of the Department of Special Investigation (DSI). Moonpramuk has displayed a picture of troops captured from a video clip, saying he would summon the troops with sniper rifles to testify.

Kaewkamnerd also complained that the Army had handed over evidence to the DSI proving that men in black were the ones who fired at troops and demonstrators.

He said the men in black and others with malicious intent mingled with the demonstrators to attack troops and the people, so troops had to assign some of them to be guards armed with M16 rifles with telescopes to watch out and monitor the moves.

Kaewkamnerd asked Moonpramuk to interrogate DSI Director-General Tharit Pengdit about the operations of troops during the red-shirt protests because Pengdit was on the Centre for Resolutions under Emergency Situation. Kaewkamnerd said Pengdit was present when the CRES held meetings and made decisions on how to deploy troops to control the situation.

Kaewkamnerd said police and the DSI had always ignored evidence handed over by the Army. He cited the case of a firing on an Army helicopter on April 10, 2010 as an example. He said three suspects were arrested with M16 and AK-47 assault rifles and more than 1,000 rounds of ammunition but the court acquitted them on grounds of lack of evidence although the Army had submitted documents and evidence to investigators.

Kaewkamnerd wondered why investigators did not use the evidence to file charges.

The Army spokesman also complained that the DSI was dragging its feet in the cases of attacks on troops but was speeding up the cases where troops were suspects.

He said the Army had provided details of a white van, used by men in black, to investigators but so far no arrests have been made related to the van.

Meanwhile, Deputy Agriculture Minister Natthawut Saikua, a red-shirt leader, said he believed former prime minister Abhisit Vejjajiva and former deputy prime minister Suthep Thaugsuban would be summoned this month for questioning over their alleged orders for troops to fire at the people.

China demands Japan release activists | China Daily

China demands Japan release activists | China Daily
Li Xiaokun, Zhang Yunbi and Zhou Wa, China Daily, August 16, 2012

Beijing urged Tokyo yesterday to immediately and unconditionally release 14 Chinese nationals held over a landing on islands belonging to China.

In a meeting with Japan's ambassador to Beijing and a phone call with a Japanese official, Vice-Minister of Foreign Affairs Fu Ying "demanded that Japan ensure the safety of 14 Chinese nationals and immediately and unconditionally release them", the Foreign Ministry said on its website.

Fu also "made solemn representations on Japan's unlawful detention of Chinese nationals on the Diaoyu Islands", the ministry website said.

Tension between Japan and its Asian neighbours rose sharply yesterday, the 67th anniversary of Japan's World War II surrender, after Japanese ministers visited a shrine in Tokyo, against the advice of their prime minister, that honours war criminals.

As news broke yesterday of the arrests and the shrine visit, a group of swimmers from the Republic of Korea (or South Korea) made it to the Dokdo Islands. The islands are called Takeshima in Japan and Tokyo disputes their sovereignty.

How Tokyo handles the detained activists will determine if the situation escalates, experts said.

It seems the administration of Japanese Prime Minister Yoshihiko Noda is trying to avoid triggering a more serious response from Beijing, they said.

Japan arrested the activists on suspicion of "illegal entry" after they landed on the Diaoyu Islands, according to Okinawa police.

Two activists, who also landed on the islands, returned to their fishing boat before they were arrested, the police said. Hong Kong-based Phoenix TV said the vessel is now under the control of the Japanese coastguard.

"Those arrested may be transferred to the Immigration Bureau of Japan later and sent back to Hong Kong by the Immigration Bureau," a spokesman from the coastguard told Xinhua.

Despite the detention, the Hong Kong-based Action Committee for Defending the Diaoyu Islands which arranged the trip, said "this is the most successful attempt in a decade" to reach the Diaoyu Islands.

Several of the 14 men on board the vessel, which departed from Hong Kong over the weekend, jumped into the sea and made it ashore at 5:30 p.m. local time. As soon as they reached land they sang the national anthem.

Waiting for them on the island were about 40 members of the Japanese Maritime Self-Defence Force. They took down national flags that the activists had planted firmly.

The group said its boat had been rammed by the coastguard and subjected to water cannon. The front of the vessel had been damaged, they said.

Hong Kong's Chief Executive Leung Chun-ying said yesterday that the Hong Kong SAR government has been watching developments closely. He pledged to provide all possible assistance to Hong Kong residents involved in the action.

"Our nation and the people of Hong Kong always held a clear and sharp position on the sovereignty of the Diaoyu Islands. The islands have belonged to China for centuries," he said.

Chen Miau-tak, chairman of the Hong Kong-based Action Committee for Defending the Diaoyu Islands, said he believed the smooth departure of the Hong Kong boat reflected an "attitude of support" from the Hong Kong government.

The last time Hong Kong vessels entered waters off the Diaoyu Islands was in 2006.

Hong Kong political parties and social groups protested yesterday against Japan's claim on the islands and tore apart paper Japanese flags.

There are also similar protests on the mainland and in the South Korea against Japan.

The landing on the islands was a major topic, forwarded more than 4,000,000 times, on weibo. "How Japan deals with the activists will reveal Tokyo's attitude," said Yang Bojiang, a professor of Japanese studies at the University of International Relations in Beijing.

"It seems that Japan does not want to trigger a full-scale conflict with China on the issue."


But if Japan brings charges against the activists then that would signal an escalation, Yang said.

Jia Xiudong, a senior researcher on international affairs at the China Institute of International Studies, said Japan should deal with the situation maturely.

There has been a marked increase in tension since outspoken right-wing Tokyo Governor Shintaro Ishihara released his plan in April to "purchase" the islands.

The situation escalated yesterday in Tokyo when two cabinet ministers visited the controversial Yasukuni Shrine.
Yuichiro Hata, Japan's transport and tourism minister and Jin Matsubara, the president of Japan's National Public Safety Commission, snubbed their prime minister by attending ceremonies at the shrine honouring Japan's war dead, including 14 Class-A World War II war criminals. Noda said when he took office last year that no cabinet members would visit the shrine.

China and the South Korea, both victims of Japan's aggression during World War II, harshly slammed the move. More than 35 million Chinese people were killed or wounded by the Japanese military during its invasion from 1937 to 1945.

Chinese Foreign Ministry spokesman Qin Gang urged Japan to keep its promise of reflecting on its history.
He said the crux of shrine situation is whether Japan respects the feelings of people in Asia.

Seoul earlier criticised the visit. South Korean President Lee Myung-Bak said recently the Japanese emperor had to apologise for wartime atrocities if he wants to visit.

On Aug. 10, Lee became the first South Korea president to step on the disputed islands in the Sea of Japan. Japan recalled its ambassador in Seoul immediately. A group of South Korean protesters swam across the sea to the islands yesterday.

The resentment toward Japan's war crimes was also echoed in Japan, with a group of family members of war dead protesting against the shrine visit and also against Ishihara yesterday.

The visit was the first by cabinet members of a Democratic Party government. The party came to power in 2009.
Analysts say the move will embarrass Noda.

"We have caused tremendous damage and pain to many countries, particularly the Asian people, during the war. We deeply regret that and sincerely mourn for those who were sacrificed and their relatives," Noda said yesterday at a sombre official ceremony. "We will not repeat the same mistake."

Kahon Chan in Hong Kong contributed to this story.

Burma Navy Chief Selected as New Vice President | THE IRRAWADDY

Burma Navy Chief Selected as New Vice President | THE IRRAWADDY
SAW YAN NAING, THE IRRAWADDY, August 15, 2012

Nyan Htun, the commander-in-chief of Burma’s navy, was selected as the country’s new vice president at about 10 am in Parliament in Naypyidaw on Wednesday.

Nyan Htun, 59, was nominated by military appointees, who hold 25 percent of the seats in Parliament. The state-run television station MRTV4 broadcast on Wednesday that Nyan Htun swore an oath at the Parliament immediately after being appointed as the new vice president.

Nyan Htun, a graduate of the 16th Intake of the elite Defense Services Academy, is believed to be loyal to Vice Snr-Gen Min Aung Hlaing, the commander-in-chief of Burma’s armed forces. He and Min Aung Hlaing were close to the now-retired Snr-Gen Than Shwe, who ruled the country’s former military regime.

Admiral Nyan Htun replaced Tin Aung Myint Oo, the ex-vice president who resigned from his position after being diagnosed with cancer in May. Tin Aung Myint Oo was widely regarded as a hardliner.

Nyan Htun has visited foreign countries, mostly on navy-related business. He paid an official trip to Bangladesh in December 2011 to open an avenue for greater maritime cooperation between the two neighboring countries. He also met with Bangladesh Naval Chief Vice Adm Zahiruddin Ahmed and observed the Bangladesh Naval Headquarters and the Chittagong Naval Area.

In February 2010, he visited India, where he met with AK Antony, India’s Defense Minister, along with chiefs of Army Staff and Navy Staff and the Vice Chief of Air Staff.

As the new vice president, Nyan Htun will join another vice president, Sai Mauk Kham, who is an ethnic Shan. Burma has two vice presidents and one president. The current president is Thein Sein who took power in March 2011 after general elections. Burma will hold another general election in 2015.

Former general Myint Swe, the chief minister of Rangoon Division, was originally nominated as vice president on July 10, but was later disqualified after it was learned that one of his children lives in Australia and has become an Australian citizen.

It is understood that a committee led by Upper House Speaker Khin Aung Myint said Myint Swe was disqualified because of his family connection. Thus, the military appointees finally picked Nyan Htun as their candidate for vice president.

American Muslims Launch ‘Burma Task Force USA’ | The Irrawaddy Magazine

American Muslims Launch ‘Burma Task Force USA’ | The Irrawaddy Magazine
LALIT K JHA / THE IRRAWADDY, August 14, 2012

WASHINGTON DC—Prominent Muslim American groups have come together to launch Burma Task Force USA with the objective of raising the profile of the Rohingya issue while speaking out against alleged atrocities and human rights violations which have forced thousands to flee and seek refuge in neighboring Bangladesh.

“We demand that those responsible for the mass rapes and mass murder of thousands of Rohingyas be charged with crimes against humanity and genocide by the International Court of Justice,” Imam Abdul Malik Mujahid, chairperson of Burma Task Force USA, demanded on Monday.

The Burma Task Force is based on a previous successful effort of American Muslims, the Bosnia Task Force, where its members worked with the interfaith leadership and women’s rights organizations against the genocide of Muslims in the former Yugoslavia.

Mujahid said the objective of the group is to stop perceived ethnic cleansing in Burma. “We will be working with leaders of other faith groups, interfaith groups, women’s rights organizations and peace movements to put pressure on the US government and the American business community to warn the Burmese government to stop the ethnic cleansing,” he said.

American Muslims are taking their cue from the previous efforts of Coalition Against Genocide, wherein Muslims of Indian origin living in the US worked with other communities to revoke the diplomatic visa of Narendra Modi, the chief minister of the western Indian State of Gujarat, for his alleged role in communal riots there some 10 years ago.

Many of the founding members of Burma Task Force USA have been actively working to stop this new violence in western Burma ever since it first flared in June, said Mujahid.

Dr. Shaik Ubaid, who has been advocating the cause of Rohingyas since 1992, was instrumental in getting the Indian Muslims to rally India’s interfaith community to put similar pressure on the government of India. Other leaders have been active in putting pressure on Bangladesh’s government to open its borders, he said.

“Rohingya Muslims were shorn of their citizenship and have suffered sustained and horrific persecution for decades. The campaign by Suu Kyi to obtain the help of the West for the democracy movement in Burma gives us an opportunity to use the American and the world community’s influence to stop the waves of ethnic cleansing,” said Dr. Ubaid, a board member of the task force.

“Aung San Suu Kyi had promised to support the citizenship rights of the Rohingya Muslims in 2005; she gave [a] statement in response to my query on a BBC program. We will hold Suu Kyi accountable,” he said.

The Burma Task Force said its New York chapter is currently planning a rally in front of the Burmese mission there. The communal violence in western Burma has claimed at least 77 lives and left more than 90,000 displaced, according to official figures.

Meanwhile, Saudi Arabia’s King Abdullah has ordered US $50 million in aid be sent to Rohingyas in Burma. A report on the Saudi state news agency said the Muslim community had been “exposed to many violations of human rights including ethnic cleansing, murder, rape and forced displacement.”

Furthermore, the Organization of Islamic Cooperation announced on Saturday that it received the green light from Burmese President Thein Sein to visit Arakan State and assist Rohingya Muslims displaced by sectarian violence.






 

Vietnam jails second dissident blogger in a week | Inquirer.net

Vietnam jails second dissident blogger in a week
Agence France-Presse, August 11th, 2012

HANOI – A Vietnamese blogger who posted online calls for democracy has been jailed for five years, official media said Saturday, the second web dissident imprisoned this week in an ongoing crackdown on activists.

Le Thanh Tung was convicted of “propaganda against the state” by a Hanoi court over Internet articles for the banned Vietnam Freedom and Democracy Movement, said the ruling Communist Party’s mouthpiece, Nhan Dan newspaper.

The court, which found him guilty Friday of distorting the policies of the state and the party, also handed down a subsequent sentence of four years’ house arrest.

The 44-year-old had called for pluralism, multi-party democracy and constitutional amendments in the online posts, which were published between August 2009 and October 2011, the report said.

Charges of spreading anti-state propaganda and attempting to overthrow the regime are routinely laid against dissidents in authoritarian Vietnam, where the Communist Party forbids political debate.

On Thursday, dissident blogger Dinh Dang Dinh, a 49-year-old former teacher, was sentenced to six years in prison for similar charges in central Dak Nong province.

New York-based Human Rights Watch accused Vietnam of an “intolerance for free speech” in a statement in response to Dinh’s conviction.

The group says at least 11 activists have been convicted and given long prison terms so far this year, with at least a further seven bloggers and activists awaiting trial.

Authorities recently delayed the trial of well-known bloggers Nguyen Van Hai, Phan Thanh Hai and Ta Phong Tan, who are accused of “denigrating the party and state”, after authorities launched a probe into the death of Tan’s mother, who set herself on fire in front of a local authority building late last month.

China willing to ease ASEAN rift on disputed sea | The Jakarta Post

China willing to ease ASEAN rift on disputed sea | The Jakarta Post
Bagus BT Saragih, The Jakarta Post, August 11 2012

The government once again looked to be playing it safe with China, a country currently in the world spotlight over a number of important regional and global issues, such as the South China Sea and the civil war in Syria.

Following recent discord among member states of the Association of Southeast Asian Nations (ASEAN), which was inflamed by maneuvers from Chinese forces in the region’s disputed waters, President Susilo Bambang Yudhoyono opted not to openly defend the interests of
Indonesia’s Southeast Asian partners when he met with Chinese Foreign Minister Yang Jiechi on Friday.

Foreign Minister Marty Natalegawa was tight-lipped when asked about the details of his discussion with Jiechi concerning the same issue.

“The [South China Sea] issue that we discussed took place in a private setting, so I have no right to disclose the details of the discussion,” Marty told reporters following the meeting with Jiechi at his office late on Friday.

However, Marty did maintain that any approach adopted to resolve the South China Sea issue had to be “special”, particularly given the complexities involved and the number of countries affected.

“Regarding the South China Sea, we all need to be wiser now, in the sense that we should not conduct ‘megaphone diplomacy’ or make unilateral public statements,” the minister said.

“The issue needs to be managed within the confines of calm and steady diplomatic efforts. Our approach must be measured and effective. It will need all of us to adopt that kind of mind-set.

“I hope in the months to come there will be fewer public statements that could have a detrimental effect,” he added.

Marty did, however, claim that his meeting with Jiechi had resulted in positive progress. “Having met and enjoyed a very positive discussion with Minister Jiechi, I feel much better this afternoon than I did this morning, as I have been assured that diplomatic channels are now open,” he said.

“Our discussion was useful for me in order to ascertain where China stands [on the issue] and to better understand China’s world view, so that we can put ourselves in their shoes. In that way, we can try to build bridges between the parties with vested interests in the South China Sea,” Marty added.

Jiechi only briefly referred to the South China Sea in his statement, which was delivered during a joint press briefing with Marty.

“To maintain regional peace and stability in the South China Sea is the shared of responsibility of all the countries in the region. China is willing to work with Indonesia and other ASEAN countries to fully and effectively implement the Declaration on the Conduct of Parties in the South China Sea,” Jiechi said.

Yudhoyono, meanwhile, reiterated to Jiechi his concerns over the long-running Syrian crisis, which has resulted in the deaths of thousands of civilians.

The President had delivered a statement two weeks ago, only hours after Russia and China vetoed for the third time a Western-backed UN Security Council resolution that threatened Syrian authorities with sanctions if they did not desist in using heavy weapons or withdraw their troops from towns and cities.

Yudhoyono slammed the failure, which he put down to “debates about who will lead [Syria] in the future”, while the situation in the Middle Eastern country continued to worsen.

Marty, who accompanied Yu-dhoyono in the meeting with Jiechi, said the President had been blunt with the Chinese minister .

“The President conveyed his views regarding this matter in a decisive and straightforward way. He impressed upon the Chinese minister the necessity for the UN Security Council to take concrete action to establish peace in Syria,” he said.

Also on Friday, Marty and Jiechi co-chaired a second meeting of the Indonesia-China Intergovernmental Joint Committee on Bilateral Cooperation at the Foreign Ministry in Central Jakarta.

Youths tried for torching Central World | Prachatai English

Youths tried for torching Central World | Prachatai English
8 August 2012

On 6 Aug, the Central Juvenile and Family Court held a hearing in the case of Attaphol and Phasakorn (family names withheld), who were accused, among other charges, of setting fire to the Central World shopping complex two years ago.

Both were 16 years old when they were arrested in the late afternoon of 19 May 2010.
They were charged with robbery, violating the Emergency Decree and committing arson resulting in the death of Kittipong Somsuk whose body was found inside the shopping mall.

Pol Capt Piya Raksakul, investigator from the Department of Special Investigation in charge of the case, testified as a prosecution witness that security staff of the Central World had identified the defendants from photographs as accomplices in the arson.

They were seen running and firing catapults into the mall, and the mall was later burned down.  As the defendants denied the charges, but could not produce any witness to support their claims, he considered the case valid for prosecution.

During cross-examination by the defence, he said that the arson occurred after the red-shirt rally had been dissolved and the defendants were arrested at about 5pm on the 4th floor, Zone C, inside the mall. 

They resisted arrest by the authorities, and were initially charged with robbery.  Only later were they further charged with arson after witnesses identified them through photographs, he said.

The Police’s Office of Forensic Science and the Ministry of Justice’s Central Institute of Forensic Science examined the scene after the incident, when the area had already been secured by the military.  Examination of video recordings showed no photographic evidence of the defendants ‘carrying gas containers or behaving in a manner to commit arson’, he said.

The trial will continue on 7 and 8 Aug.

Two others have been charged with burning down Central World; Saichol Phaebua, 29, a resident of Chainat, and Phinit Channarong, 27, from Chaiyaphum.  They have been detained at Laksi Political Prison. 

In the case of the robbery at Central World, in which the two juveniles have been implicated, on 1 Dec 2011, the South Bangkok Criminal Court acquitted Phinit and other 5 defendants of the charge, citing a lack of evidence to show that they had stolen 18 items worth 95,430 baht.

Only one defendant Khomsan Sudchanham, who was found to have illegally acquired mobile phones and batteries from the shops by Central World security personnel, was sentenced to 3 years in prison.

The court sentenced all defendants to one year in jail for violating the Emergency Decree, but reduced the term by half as they had pleaded guilty.

The court dismissed the charge of using firearms against the authorities, as there was no evidence showing that they had possessed firearms and used them against the authorities.

Cambodia recalls its ambassador to Philippines | Asia News – Politics, Media, Education | Asian Correspondent

Cambodia recalls its ambassador to Philippines | Asia News – Politics, Media, Education | Asian Correspondent
AP News, Aug 10, 2012

MANILA, Philippines (AP) — Philippine officials say Cambodia is recalling its ambassador to Manila. No reason was given for the departure.

Philippine Foreign Secretary Albert del Rosario said Friday that a diplomatic note from Phnom Penh said Ambassador Hos Sereythonh will be replaced and leave Manila next week.

Cambodian officials could not immediately be reached for comment.

The ambassador stirred controversy when he said in letter published in a Philippine newspaper last month that Manila and Hanoi tried “to sabotage and hijack” the foreign ministers meeting of the Association of Southeast Asian Nations in Phom Penh in July by insisting on mentioning the South China Sea dispute in the joint communique.

He accused the Philippines and Vietnam of playing “dirty politics” in their territorial row with China.

The Philippines protested his remarks.

Vietnamese teacher jailed after criticizing Hanoi | Asia News – Politics, Media, Education | Asian Correspondent

Vietnamese teacher jailed after criticizing Hanoi | Asia News – Politics, Media, Education | Asian Correspondent
AP News, Aug 10, 2012

DANANG, Vietnam (AP) — A court in central Vietnam has sentenced a high school chemistry teacher to six years in prison after he criticized the government.

Judge Nguyen Van Uy says Dinh Dang Dinh was sentenced in a half-day trial Thursday on charges of conducting propaganda against the state.

The official Vietnam News Agency reported Friday that police in central Dak Nong province arrested Dinh last October, confiscating his computer and documents calling for multi-party democracy.

U.S.-based Human Rights Watch said Thursday that Dinh is a former army officer who wrote online commentaries alleging police harassment and signed a petition opposing a planned Chinese-led bauxite mine in Vietnam’s restive central highlands.

Vietnam is a one-party state that does not tolerate challenges to its authority. Dissidents frequently receive long prison terms for speaking out.

Thai court delays bail ruling for top Red Shirts | Asia News – Politics, Media, Education | Asian Correspondent

Thai court delays bail ruling for top Red Shirts | Asia News – Politics, Media, Education | Asian Correspondent
AP News Aug 09, 2012

BANGKOK (AP) — A Thai court Thursday postponed a verdict that could put some Red Shirt leaders back in jail for violating the terms of their bail two years after the group’s street protests paralyzed the Thai capital.

Hundreds of Red Shirt supporters had gathered peacefully outside the Criminal Court in Bangkok to await the ruling.

Delaying the case until Aug. 22 will allow defendant Yoswarit Chooklom to add more witnesses and evidence to defend himself, a judge said.

Yoswarit is among 24 Red Shirt leaders and key members being tried on terrorism charges in connection with the 2010 protests, which deteriorated into violence that left at least 91 people dead and more than 1,700 injured. Five of them are lawmakers now and have parliamentary immunity.

The conditions of their releases on bail had barred the defendants from instigating chaos through speeches or creating disturbances in Thai society.

A political opponent filed a complaint alleging Yoswarit threatened Constitutional Court judges in political speeches made to crowds in front of Parliament in June. Another Red Shirt leader, Jatuporn Prompan, also is accused of violated his bail terms by speaking at the same rally.

The comments were made as the Constitutional Court was deliberating on the legitimacy of efforts to amend the charter, and the court could have ruled to dissolve the Red Shirt-backed ruling party just a year after it won landslide elections.

Yoswarit admitted to the court he was “negligent” in giving out home addresses and phone numbers of the judges and their families members to the Red Shirt supporters although quickly apologizing and discouraging the crowds from calling the numbers.

“I never intended to instigate any disturbances,” said Yoswarit.

The Red Shirt movement mostly consisted of supporters of former Prime Minister Thaksin Shinawatra, who was ousted in a 2006 coup. Some of the leaders have become cabinet ministers in the current government, led by his sister, Yingluck Shinawatra.

The court is closely identified with a conservative, elite establishment that sees Thaksin’s popularity as a threat to its own power and influence. The court’s members have removed two Thaksin-allied prime ministers in the last four years, and they have dissolved major political parties and banned top politicians from politics.

Seven Dead in Southern Philippines Clashes | The Irrawaddy Magazine

Seven Dead in Southern Philippines Clashes | The Irrawaddy Magazine
JIM GOMEZ / AP WRITER, August 8, 2012

MANILA, Philippines—Philippine troops were pursuing Muslim rebels on Tuesday after their attacks on multiple army outposts in the south left seven people dead and paralyzed a major highway that was in the path of rebel sniper fire.

More than 200 fighters from the Bangsamoro Islamic Freedom Movement launched simultaneous attacks on army camps and detachments in four towns in Maguindanao province and two outposts in North Cotabato province late on Sunday.

The fighting continued on Monday and into Tuesday as troops tried to track down the gunmen. The pursuit was complicated by rebel snipers taking aim at soldiers. MG-520 helicopters fired rockets toward the retreating rebels and killed an unspecified number of gunmen, the army said.

Maguindanao Governor Esmael Mangudadatu, citing military reports, said two attackers were killed during the initial clashes. Eight people, including five soldiers and militiamen, were wounded.

Army Col Mayoraldo dela Cruz said one of his soldiers was killed and two others were wounded when the gunmen fired grenades on his brigade headquarters in Maguindanao late on Monday.

Two off-duty and unarmed soldiers were stopped and killed by rebels Monday on a highway near Maguindanao’s Datu Unsay town and a third soldier was abducted, said army spokesman Maj Harold Cabunoc. Two villagers were found dead on the same highway.
“One of the soldiers was repeatedly struck on the face with rifle butts before being shot in the head, while the other had many hack wounds,” said Cabunoc.

The rebel group, led by commander Ameril Umbra Kato, broke off last year from the larger Moro Islamic Liberation Front, which is involved in peace talks with the government brokered by Malaysia. Kato’s group has opposed the negotiations.

Kato has vowed to continue fighting for an independent homeland for minority Muslims in the south of the predominantly Roman Catholic nation. He had a stroke in November, plunging his group into uncertainty.

Abu Misri Mammah, a spokesman for the breakaway rebels, said they were avenging the death of a fellow militant who was killed when army troops advanced on a guerrilla stronghold in Maguindanao last June.

“This is our revenge and this is part of our jihad [holy war],” Mammah told The Associated Press by telephone on Monday, adding his group has no further plans to carry out attacks unless government forces assault its hinterland strongholds.

The 11,000-strong Moro Islamic Liberation Front ordered its rebels to remain in their encampments as government forces battled the breakaway guerrillas. Spokesman Von Al Haq said his group did not want to be accidentally drawn into the fighting.

The Philippine government said the attacks by Kato’s forces were meant to derail the negotiations but added the violence would not affect the peace talks with the larger Moro group. The talks resumed Tuesday in Malaysia, said presidential peace talks adviser Teresita Deles.

The fighting is among the worst since 2008, when the peace talks bogged down, igniting clashes between Moro Islamic Liberation Front forces and government troops in Maguindanao and outlying provinces. That fighting killed hundreds and displaced 750,000 people before the two sides agreed to a ceasefire.
 

Condemnation increases against Israeli bully-boy tactics | The Jakarta Post

Condemnation increases against Israeli bully-boy tactics | The Jakarta Post
Margareth S. Aritonang, The Jakarta Post, August 07 2012

Reactions against Monday’s move by the Israeli authorities to stop Foreign Minister Marty Natalegawa and his fellow envoys from Non-Aligned Movement (NAM) nations entering Ramallah have piled up, with lawmakers calling for the Indonesian government to bring the case to the United Nations.

“Indonesia and 12 other members of NAM condemn the Israeli government for arbitrarily disbanding the Ramallah meeting of the NAM committee on Palestine, on Sunday. The meeting was to review Israel’s policy on occupied Palestine, and to express solidarity with the suffering of the Palestinian people,” the NAM committee on Palestine said in a statement made available to The Jakarta Post on Monday.

The committee said that NAM accused Israel of violating international principles by refusing to allow the NAM delegation to enter Ramallah.

The move has confirmed that Palestinians, who have been fighting for independence since 1967, have indeed been through great suffering under the Israeli occupation, the statement said.

“NAM will not bow down to Israel. We will discuss the matter with our New York-based coordination bureau before deciding on further action,” the statement said.

Separately, members of the House of Representatives called upon the Indonesian government to bring the issue to the UN and put pressure on the Israeli government.

“We cannot accept such humiliating treatment of our officials by the Israeli government. The country should respect representatives from all countries, despite their bilateral relations. The NAM representatives came to Ramallah for peace,” Deputy House Speaker Priyo Budi Santoso told reporters on Monday.

Chairman of House Commission I overseeing foreign affairs, Mahfudz Shiddiq, encouraged the government to deliver a strongly worded statement against the Israeli government.

“Such a protest is important to highlight the fact that Israel has no political intention of promoting peaceful solutions in its dispute with the Palestinian government. Indonesia must encourage fellow NAM members to appeal to the United States, a close ally of Israel, to put pressure on the Israeli government, and find a peaceful solution to the problem,” Mahfudz told The Jakarta Post.

Mahfudz also said that it would be an opportunity for the US to prove its commitment to world peace by convincing Israel to drop its iron-fist policy toward the Palestinian people.

The Prosperous Justice Party (PKS) politician encouraged the government to continue with its plan to open a representative office in Ramallah.

“I hope the incident will not impact on our plan to open a representative office or a honorary consulate in Ramallah in the near future,” he said.

Separately, political analyst Dewi Fortuna Anwar of the Indonesian Institute of Sciences (LIPI) said that Israel’s refusal to grant entry to the NAM representatives reflected the country’s refusal to interact with NAM members, an important part of the global community.

“Israel has obviously failed to express any intention to build peaceful relations with countries that have ties to Palestine. It has besmirched its image in the eyes of the countries with the largest Muslim populations in the world, such as Indonesia.

“Indonesia could have built ties with Israel in the future, but the recent incident has closed all doors. As the country with the largest Muslim population in the world, Indonesia is really important for Israel, as well as for its ally, the US,” Dewi said.