THAI POLITICAL UPDATE: SUPREME COURT DISSES

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 003348 SIPDIS SIPDIS DEPT FOR EAP/MLS PACOM FOR FPA (HUSO) E.O. 12958: DECL: 06/02/2016 TAGS: PREL PGOV TH SUBJECT: THAI POLITICAL UPDATE: SUPREME COURT DISSES ELECTION COMMISSION REF: BANGKOK 03277 Classified By: ACTING POLITICAL COUNSELOR JAMES F. COLE. REASON 1.4 (B, D) ¶1. (C) Summary. The deadlock over the much-maligned Election Commission (EC) worsened June 1, with the Supreme Court refusing to appoint two new EC members. Instead, the Supreme Court President, in a public letter, called the EC unfit for office. A group of former Senators are preparing to petition the Constitutional Court to remove the EC from office. The EC remains in reality-avoidance mode, as questions over the preparations for the October 15 vote swirl about. One of the lawsuits against Prime Minister Thaksin has been dismissed. Defense Minister Thammarak is getting the cold shoulder from his Thai Rak Thai (TRT) colleagues despite his statements of innocence in the videotape scandal (ref). End Summary. PRESSURE INCREASES FOR EC TO RESIGN -------------- ¶2. (SBU) The Supreme Court announced on June 1 that it will not move to fill the two vacancies on the controversial Election Commission (EC) and called the current EC unfit for office. Supreme Court President Chanchai Likhitjitha rejected the request by former Senate Speaker Suchon Chaleekrua to appoint two new EC members. According to a publicly leaked letter from Chanchai to Suchon, the Court voted 72 to 4 against the appointments, which would have given the EC a new lease on life. (Note. The EC lacks the four members needed for a quorum following the death and resignation, separately, of its other two members. End Note.) The Court President went even further, stating that the remaining EC members are not politically neutral and not qualified to fulfill their duties. In a separate move, 37 former Senators have asked Suchon to petition the Constitutional Court to remove the three EC commissioners from office, citing their mismanagement of the April 2 vote. BUT EC FOCUSED ON DECK CHAIR ARRANGEMENTS -------------- ¶3. (C) The EC, meanwhile, is set to conclude next week its internal investigation over the leak of an EC report detailing efforts by a "big" political party to pay "small" political parties to participate in the nullified April 2 vote. In a stunning show of cojones, EC Chairman Wassana Permlap told reporters yesterday that the EC will not complete the original inquiry into alleged TRT payoffs in the April 2 vote until a host of cases related to the March Senate campaign are concluded. COURT DISMISSES (ONE) CASE AGAINST THAKSIN -------------- ¶4. (SBU) The Administrative Court, meanwhile, has dismissed the case accusing caretaker Prime Minister Thaksin of improperly taking leave and then returning to office in early April. In its decision, the Court stated that it did not have jurisdiction on this manner, but opened the door to a new case by saying that the Constitutional Court does. THAMMARAK TWISTS IN THE WIND -------------- ¶5. (C) Defense Minister Thammarak took to his defense in a press conference late Tuesday (originally scheduled for Friday),explaining that he did not meet with representatives of the "micro-parties" at the Ministry, as alleged by the Democrat Party (ref). According to Thammarak, the person in the photo that resembles him is actually his photographer. The Defense Minister challenged reporters to "blow up his head" to confirm this fact. Despite his strong denials, anonymous TRT officials have been quoted in the press as saying that Thammarak was on his own, and that his actions were not sanctioned by the party or PM. A political cartoon in Krungthep Thurakit captured this perfectly, showing a rock-climbing Thaksin reaching down to cut the rope connecting him to Thammarak. COMMENT -------------- BANGKOK 00003348 002 OF 002 ¶6. (C) While much of the debate over "solutions" to the current political impasse focus on Thaksin's future (see septel on the Ambassador's lunch with the PM),the EC remains the near-term obstacle to resolution. Accused by the political opposition of favoring TRT in the April 2 vote, the current EC lacks the quorum--and increasingly the legitimacy--needed to prepare for the next election; a contest that the body politic hopes will bring clarity to the situation. The Supreme Court's decision not to revitalize the panel may not be enough to oust this body. The EC is the arm of government that starts the formal efforts to dissolve a political party for wrongdoing. While it is far from clear that a new commission would agree to begin dissolution proceedings against TRT, that threat may be enough to inspire further EC intransigence. Even if the current EC commissioners stay in office, however, they may have to offer up a sacrificial lamb to assuage public opinion (and their survival). Defense Minister Thammarak is beginning to smell very savory right now. BOYCE