The Bangkok Post reports:

The Criminal Court on Tuesday approved the Department of Special Investigation’s request for an arrest warrant for former prime minister Thaksin Shinawatra on terrorism charges.

The court approved the warrant after examining testimony given by DSI chief Tharit Pengdit, his deputy Pol Col Narat Savetanant and Pol Lt-Col Thawal Mangkhang, the DSI chief investigator, on Monday.

The three presented the court with additional documents and clips of Thaksin speaking from abroad via video link to red-shirt rallies.

The court examination on Monday was held in camera. No reporters were allowed in the courtroom.

BP: So was secret evidence presented?ThaiPBS late news showed one of the videos that the DSI presented as evidence. It was of Thaksin stating to the reds that if the army commits violence against the reds then they should gather at provincial halls.

BP: One hopes they have more evidence that that…

According to Matichon, the arrest warrant was issued as Thaksin likely committed offences against Sections 135/1, 135/2, and 135/3 of the Criminal Code. Below is BP’s translation of these provisions:

Section 135/1 A person commits an act which is a criminal offence [if they commit one] of the following:

(1) [The person] commits an act of violence, or commits any act which causes harm to [a person's] life, or serious harm to [a person's] body, or the liberty of any person,

(2) [The person] commits an act causing serious damage to a public transportation system, a telecommunications system, or to any infrastructure which has a public benefit, [or]

(3) [The person] commits an act causing damage to the property of any state, or of any person, or to the environment which has caused or is likely to cause significant economic damage.

If such acts are committed with the intention to threaten, or to compel the Thai Government, a foreign government, or an international organisation to do or abstain from doing any act which will cause serious damage or to cause disorder by creating widespread fear among the public [then] that person has committed a terrorist act.

[That person] shall be punished by death, life imprisonment or a term of imprisonment between three years to twenty years, and a fine between 60,000 Baht to 1,000,000 Baht.

Any act of demonstrating, rallying, protesting, opposing or [being part of a] movement to demand the state to assist or to obtain justice, which is an exercise of [a person's] liberty as prescribed in the Constitution, is not a terrorist act

BP: Not sure how they can sustain this charge. Does speaking by video link cause damage? One must actually commit the offence. It is hard to see what evidence they could possibly have. It also makes extradition very difficult per Financial Times:

Are other countries likely to extradite him?

The Thai government has so far failed to persuade any country to extradite Mr Thaksin under any of the pre-existing charges, and given that a number of countries have laws prohibiting the extradition of suspects to face charges that could result in the death penalty, these new charges could actually make Mr Thaksin safer from arrest.

The next charge:

Section 135/2 A person who:

(1) Threatens to commit a terrorist act by [showing] behaviour which is convincing enough to believe that the person will actually do as threatened, or

(2) Mobilises people or weapons, procures or collects property, gives or receives terrorist training, makes any other preparations or conspires with others to commit a terrorist act or any offence which is a part of plan to commit a terrorist act or incite the public [any person] to participate in a terrorist act, or knows that a person will commit a terrorist act [and] does some act to help to conceal it.

That person shall be punished with a term of imprisonment between two years to ten years, and a fine between 40,000 Baht to 200,000 Baht (emphasis added).

BP: It would likely be under Section 135/2(2). Now, this one is much easier to prove as incitement does not mean Thaksin has to be physically present, but they are going to need more than videos telling people to gather at provincial halls if the army is violent towards the reds. Alternatively, they could go after Thaksin for a general conspiracy charge, but they would need to have evidence of conspiring to commit terrorist acts and not just going to the rally in general.

Funny thing is if the prosecutors were to only go after Thaksin for this offence, they have the “terrorism” charge, but the death penalty is off the table hence seeking his extradition would be much, much easier. That is, of course, if they really want him to be extradited…

The next charge:

Section 135/3 A person who is a supporter [or accessory] of the commission of an offence in Section 135/1 or Section 135/2 shall receive the same punishment as the principal offender.

BP: This is even easier to prove although again you would need evidence that Thaksin knew of the principal offence at the time he was providing support.

In regards to the extradition generally, the Head of the Foreign Division of the Office of Attorney-General stated on the Dtorb Jot program on ThaiPBS that he is unsure whether this warrant will be sufficient. He says it is likely there will need to be an order from the Office of the Attorney-General first to proceed with the prosecution before they start the extradition process.

BP: Given this, the arrest warrant will only likely have a political effect for now until the Office of Attorney-General is able to review the case.

NYT:

The government said it believed that the terrorism charge would make it easier to gain the cooperation of foreign governments in sending Mr. Thaksin home.

Officials also appeared to be moving on several other fronts to tighten control over the government’s opponents.

Bloomberg:

 “For terrorism, it’s clearer and the international community sees it as an important issue,” the prime minister told reporters in Bangkok today. “It’s more understandable.”

The charge formalizes claims from several government officials that Thaksin orchestrated the two-month occupation of central Bangkok that ended May 19. Thaksin has denied direct responsibility for the rallies and clashes that led to at least 85 deaths, saying in a May 20 statement he “morally supports” the protesters.

Reuters has Thaksin’s denial:

Thaksin denied the terrorism charges on his Twitter page, http://twitter.com/thaksinlive.

“As a prime minister who won two landslide election victories, I was ousted in a coup,” Thaksin wrote in Thai. “As I was fighting peacefully for justice for the return of my robbed assets, I was slapped with terrorism charges.”

BP: Domestically in Thailand, am not so sure much will change. Many will raise questions on why the authorities were able to issue arrest warrants for Thaksin so quickly, but it is 18 months and no arrest warrants for terrorism offences have been issued for the PAD leaders in relation to the airport seizure. The quickness of the investigation could not be more stark.