What is the Point of Independent Organizations?
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What is the Point of Independent Organizations?

Well, the answer is easy, to get rid of the opponents of the elite. Their latest illogical decision is to take criminal action against Noppadol and Samak as the Bangkok Post reports:
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The Samak cabinet wrongfully passed a resolution allowing Mr Noppadon to sign the Thai-Cambodian communique supporting the listing of Preah Vihear as a world heritage site with the United Nations Educational, Scientific and Cultural Organisation (Unesco) without prior approval from parliament.
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For this offence, the NACC will ask the Constitution Court to remove Mr Samak and Mr Noppadon from the cabinet – even though they are no longer in government – as set down in Article 270.
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The anti-graft commission also found the two to have violated Article 157 of the Criminal Code and abused their authority.
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For this violation, they will be charged in the Supreme Court’s Criminal Division for Holders of Political Positions, Mr Klanarong said.
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The NACC investigated altogether 44 people in this case. They included serving cabinet members and government officials.  The commission resolved to dismiss the complaint against the others.
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Mr Noppadon was foreign minister in the Samak administration when he signed the communique with Cambodian Deputy Prime Minister Sok An on June 18 last year.
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The ministers investigated by the NACC who served under Mr Samak and are now in the present cabinet are Deputy Prime Minister Sanan Kachornprasart, Natural Resources and Environment Minister Suwit Khunkitti, Information and Communications Minister Ranongrak Suwunchwee and Deputy Finance Minister Pradit Phataraprasit.
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BP: Umm, what is the logic for just Samak and Noppadol? Was it because they knew what they were doing was wrong? (ie they had greater knowledge that there was breach of Article 190 of the Constitution). No. The Foreign Ministry saw no legal problem with signing the communique. So the staff in the Treaties and Legal Division escape liability based on their advice to the Foreign Minister because it it is the Cabinet resolution which the NACC sees as the problem. However, the only two Ministers are facing criminal charges, but how is this so, if it is the Cabinet resolution which is the illegal act? Surely, it has nothing to do with the fact that 4 of the Minsters are now Cabinet Ministers in the current government….
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So first, the judiciary decided to apply an extremely broad interpretation of Article 190 to the extent that no Minister will sign any document with a foreign country less they also get in trouble. Now, everyone agrees that Article 190 has to be amended, but no one realized there was a problem until the Constitution Court decision last year.  Now, the independent organizations are in on the act.
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