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ResourcesThailand Criminal LawCriminal Jurisprudence ThailandWas "Big Joke's" Removal From The Royal Thai Police Procedurally Correct?

Was "Big Joke's" Removal From The Royal Thai Police Procedurally Correct?

Transcript of the above video: 

As the title of this video suggests, we are discussing "Big Joke" yet again. We have talked about him for some time now; this is Surachate "Big Joke" Hakparn formerly Deputy National Police Chief, presently I guess you could say on suspension although it's been said that he has been removed from the Thai Police while this sort of pending investigation is going on. But he is making the assertion that he is incorrectly, from a procedural standpoint, removed from the Thai Police. Let's get into this. First of all let's be clear, I got this from bangkokbiznews.com that is bangkokbiznews.com and this is in Thai. So we had the team translate this so we are sort of doing this as best we can based on a translation. I am going to go with the English language version. The translated title is: "The 'Prime Minister' meets with the Police Commission regarding the interpretation of the Decree Big Joke Retired From Government Service. Quoting from the translation here: Quote: "During the meeting of the Police Commission tomorrow, it will be interesting to see if the Council of State have anything to say about the temporary removal of “Big Joke”, specifically that this issue should be relayed to the King before removing anyone from duty because this removal does not fall into normal categories wherein one ceases to be in one's position because of death or retirement or because of a punishment thereby temporarily needing the removal from position which was not considered a punishment according to article 1156.“ Quoting further: “And if there was agreement that “Big Joke” should be temporarily removed, if the Committee agrees, in order to be just, this needs to be brought before the King according to article 140 para. 1. It remains to be seen with (I think they mean ‘whether’) this whole issue will be discussed during the Committee Meeting or not. Also, previous to this, “Big Joke” had made a complaint to the Committee that protects the police from unfair practices (and then my translator who I greatly appreciate the help on this noted in here, 'can't find an English name', so whatever) “The Committee that protects the Police from unfair practices" -  I went over here to nycpba.org, under Who We Are; so again this is not an apples to apples analogy here, not an apples to apples comparison, but I would for Americans, especially those that have any knowledge in sort of American Law enforcement, I think that this, again this Committee to protect Police from unfair practices would be akin to, and I'll quote from this: “Who We Are, the Police Benevolent Association the City of New York, (NYC PBA) is the largest municipal Police Union in the world. NYC PBA represents the approximately 24,000 sworn NYPD members who hold the rank of Police Officer and wear a Silver Shield like the one above - the front-line police officers in radio cars now foot posts in your neighborhood, as well as those in specialized units and administrative divisions throughout the city. The NYC PBA is a labor union that seeks to protect and advance its members' rights and interests." So I would say that that's analogous again to what we are quoting from this translation. "The Committee that protects the Police from unfair practices." Again, I don't think it's necessarily correct call that a Union per se, like the PBA, Policeman's Benevolent Association, is back in the United States or similar bodies similar thereto. Again this isn't a union thing, this is a Committee but it's a Committee designed to make sure that Police Officers are not unfairly treated within the Police Force. So I don't think it's fair to call it a Union, I don't think that's the analogous thing over here in Thailand, but it's something similar. It's maybe not an apples to apples comparison but you can make some kind of comparison thereto. Quoting further: “In order to make an appeal about the order removing him temporarily from his position which was signed by Police General Kittirat Phanpet acting Police Chief, which he considered as a wrongful Act (What the translator is saying there is “Big Joke” thinks it was a wrongful act. That’s “Big Joke’s” assertion. That is the way we are reading it from this translation.) Quoting further: “Also it was found that the order had been written on the 17th of April and signed on the 18th of April which could indicate that there was a “conspiracy” to remove him from office. (or they are trying to adjudicate whether or not that occurred).  “Big Joke” is also preparing to bring a case to court against the acting Police Chief and anyone concerned regarding misconduct.”

So what are we talking about here? It appears that his assertion is in order to have removed him as a duly appointed member, high ranking member of the Royal Thai Police, it was required procedurally to put this through a sort of method of due process which would have involved basically Royal Assent if you will. It would have involved the King having to sign off on his removal and what "Big Joke" is asserting is that did not happen and this incorrectly occurred from a procedural standpoint. That is the best thing that we can ascertain from this translation. 

As is the case, I do not like to make videos where we rub up against anything that has to do with sort of Royal Assent. That’s not generally the purpose of these videos. We like to talk about legal news, legal information here in Thailand and that is going to continue to be the thrust of this channel. But this is interesting, it provides interesting insight into due process matters pertaining to Law Enforcement Officers hence the reason we're making this video. I'm not sure if "Big Joke's" assertions are true or not. I just find it interesting from a procedural standpoint insofar as it provides insight to those who want to know "How do firings work within the Police Department? How exactly do these things come to be from a procedural standpoint?" The fact that this does have implications to the revered Institution here in Thailand means we are turning off in comments on this particular video because quite honestly it's not appropriate. That being said, again we will keep folks updated on this channel regarding this news as the situation evolves.