Thaksin Shinawatra

Educational policies

According to World Bank Thailand has recentralized rather than decentralized during his administration.

One of Thaksin's educational reforms was school decentralisation, as mandated by the 1997 Constitution. It was to delegate school management from the over-centralized and bureaucratised Ministry of Education to Tambon Administrative Organizations (TAOs), but met with massive widespread opposition from Thailand's 700,000 teachers, who would be deprived of their status as civil servants. Teachers also feared that TAOs lacked the ability to manage schools. In the face of massive teacher protests and several threats of school closure, Thaksin compromised and gave teachers whose schools were transferred to TAO management two years to transfer to other schools.

Other intended policy changes included learning reform and related curricular decentralisation, mostly through greater use of holistic education and less use of rote learning.

To increase access to universities by lower income people, Thaksin initiated the Student Loan Fund (SLF) and Income Contingency Loan (ICL) programs. He initiated the ICL program to increase access to higher education, whereby needy students could secure a loan to support their studies from vocational to university levels. Thai banks had traditionally not given educational loans. The ICL, however, required recipients to start repayments when their salaries reached 16,000 baht a month, with interest equivalent to inflation from the day the loan was granted. The SLF had an eligibility limit on family income, but interest was 1 per cent starting a year after graduation. The programs were merged and the income limit modified after Thaksin's government was overthrown.

Thaksin was one of the first supporters of Nicholas Negroponte's One Laptop Per Child (OLPC) project, with the Thai Ministry of Education committing to purchase 600,000 units. The junta later cancelled the project.

Thaksin also initiated the controversial "One District, One Dream School" project, aimed at developing the quality of schools to ensure that every district had at least one high-quality school. It was criticised, with claims that the only beneficiaries were Thaksin and companies selling computers and educational equipment. Many schools fell deeply into debt in implementing the project, receiving inadequate financial support from the central government.

In addition, he altered the state university entrance system, which had relied exclusively on nationally standardised exams. Thaksin pushed for greater weighting of senior high-school grades in the hope of focusing students on classroom learning rather than private entrance exam tutoring.

Academic rank

2007 – Visiting Professor of Takushoku University in Tokyo, Japan

Business career

Early ventures

Thaksin and his wife began several businesses while he was still in the police, including a silk shop, a cinema, and an apartment building. All were failures which left him over 50 million baht in debt, (£1 million). In 1982, he established ICSI. Using his police contacts, he leased computers to government agencies with modest success. However, later ventures in security systems (SOS) and public bus radio services (Bus Sound) all failed. In April 1986, he founded Advanced Info Service (AIS), which started as a computer rental business.

In 1987 Thaksin resigned from the police. He then marketed a romance drama called Baan Sai Thong, which became a popular success in theatres. In 1988, he joined Pacific Telesis to operate and market the PacLink pager service, a modest success, though Thaksin later sold his shares to establish his own paging company.

In 1989, he launched IBC, a cable television company. At that time, Thaksin had a good relationship with Chalerm Yoobumrung, the minister of the Prime Minister's Office, who was in charge of Thai press and media. It is a question whether Chalerm granted the right to Thaksin to establish IBC to benefit his close friend, seeing that the project had been denied by the previous administration. However, it turned out to be a money loser and he eventually merged the company with the CP Group's UTV.

In 1989, Thaksin established a data networking service, Shinawatra DataCom, today known as Advanced Data Network and owned by AIS and TOT. Many of Thaksin's businesses were later consolidated as Shin Corporation.

Advanced Info Service and later ventures

Advanced Info Service (AIS) was given a monopoly contract by Thaksin's military contacts in 1986 and used the GSM-900 frequency band. AIS grew rapidly and became the largest mobile phone operator in Thailand.

The Shinawatra Computer and Communications Group was founded in 1987 and listed in 1990.

In 1990, Thaksin founded Shinawatra Satellite, which has developed and operated four Thaicom communications satellites.

In 1999, the Shinawatra family spent some one billion baht establishing Shinawatra University in Pathum Thani. It offers international programs in engineering, architecture, and business management, though it ranks quite low internationally.

In 2000, Thaksin acquired the ailing iTV television station from the Crown Property Bureau, Nation Multimedia Group, and Siam Commercial Bank.

PDP leader and Deputy Prime Minister under Banharn

Chamlong, strongly criticised for mishandling internal PDP politics in the last days of the Chuan-government, retired from politics and hand-picked Thaksin as new PDP leader. Thaksin ran for election for the first time for the constitutional tribunal and lost.

Thaksin joined the government of Banharn Silpa-Archa and was appointed Deputy Prime Minister in charge of Bangkok traffic. In May 1996, he and four other PDP ministers quit the Banharn Cabinet (while retaining their MP seats), prompting a Cabinet reshuffle. Many have claimed that Thaksin's move was designed to help give Chamlong Srimuang a boost in the June 1996 Bangkok Governor elections, which Chamlong returned from retirement to contest. But Chamlong lost to Bhichit Rattakul, an independent.

Chamlong's failure to buttress the PDP's failing power base in Bangkok amplified divisions in the PDP, particularly between Chamlong's "temple" faction and Thaksin's. Soon afterwards, Chamlong announced he was retiring again from politics.

Thaksin and the PDP pulled out of the Banharn-government in August 1996. In a subsequent no-confidence debate, the PDP gave evidence against the Banharn government, and in September 1996 Banharn dissolved Parliament.

Thaksin announced he would not run in the subsequent November 1996 elections but would remain as leader of the PDP. It suffered a fatal defeat in the elections, winning only one seat, and soon imploded, with most members resigning.

Deputy Prime Minister under Chavalit

On 15 August 1997, Thaksin became Deputy Prime Minister in Chavalit Yongchaiyudh's government, after the Thai baht was floated and devalued on 2 July 1997, sparking the Asian financial crisis. He held the position for only three months, leaving on 14 November when Chavalit resigned.

During a censure debate on 27 September 1997, Democrat Suthep Thaugsuban accused Thaksin of profiting from insider information about the government's decision to float the baht, but the next Democrat party-led government did not investigate the accusations.

During this period, Thaksin also served on the Asia Advisory Board of the Washington, D.C.–based Carlyle Group until he resigned upon becoming prime minister in 2001.

The Thai Rak Thai Party and the 2001 elections

Thaksin founded the Thai Rak Thai (TRT) ('Thais Love Thais') party in 1998 along with Somkid Jatusripitak, PDP ally Sudarat Keyuraphan, Purachai Piumsomboon, and 19 others.

With a populist platform often attributed to Somkid, TRT promised universal access to healthcare, a three-year debt moratorium for farmers, and one million baht locally managed development funds for all Thai villages.

After Prime Minister Chuan Leekpai dissolved parliament in November 2000, TRT won a sweeping victory in the January 2001 elections, the first held under the Constitution of 1997. At the time, some academics called it the most open, corruption-free election in Thai history. Thai Rak Thai won 248 parliamentary seats (more than any other party previously) and needed only three more seats to form a government. Nonetheless, Thaksin opted for a broad coalition to gain total control and avoid a vote of no confidence, with the Chart Thai Party (41 seats) and the New Aspiration Party (36 seats), while absorbing the smaller Seritham Party (14 seats). Thaksin became Prime Minister of Thailand on 9 February 2001.

Political crisis of 2005–2006

2005 re-election

Under the slogans "Four Years of Repair – Four years of Reconstruction" and "Building Opportunities", Thaksin and the TRT won landslide victories in February 2005 elections, winning 374 of 500 seats in parliament. The election had the highest voter turnout in Thai history. But his second term was soon beset by protests, with claims that he presided over a "parliamentary dictatorship".

The political crisis was catalysed by accusations published by media mogul and popular talk show host Sondhi Limthongkul, a former Thaksin supporter who had broken with him. These included accusations that Thaksin:

Restricted press freedom by suing Sondhi after he printed a sermon by a Luang Ta Maha Bua, a controversial monk.

Masterminded the desecration of the famous Erawan Shrine

Sale of Shin Corporation

On 23 January 2006, the Shinawatra family sold their entire stake in Shin Corporation to Temasek Holdings. The Shinawatra and Damapong families netted about 73 billion baht (about US$1.88 billion) tax-free from the sale, using a regulation that made individuals who sell shares on the stock exchange exempt from capital gains tax. Thaksin was the target of accusations of corruption for selling forbidden national assets such as national utility company to a foreign entity in exchange for personal profits and kickbacks. Thai laws at the time disallowed the sale of integral assets of national importance to the public or to any foreign entity, but Thaksin amended the laws to allow such sale.

Protests followed the Shin Corporation sale, led by the People's Alliance for Democracy (PAD), whose leaders included Chamlong and Sondhi. Numbers soon swelled to tens of thousands occupying the area around Government House in Bangkok.

House dissolution and election

Thaksin announced the dissolution of parliament on 24 February 2006. General elections were scheduled for 2 April.

Thaksin was attacked for calling for snap elections, which in effect prevented any member of parliament from changing parties. In an editorial, The Nation noted it that, "It fails to take into consideration a major fallacy of the concept [of democracy], particularly in a less-developed democracy like ours, in which the impoverished, poorly informed masses are easily manipulated by people of his ilk. And Thaksin's manipulation has been well documented."

Thaksin's TRT Party won the widely boycotted elections, gaining 462 seats in parliament, with a ratio of yes-voters to no-voters of 16:10, not counting non-voters.

However, by-elections were needed for 40 TRT candidates who failed to win the minimum 20 percent required by the 1997 Constitution in uncontested races. The Democrat Party refused to contest them and, along with the PAD, petitioned the Central Administrative Court to cancel them. Chamlong Srimuang declared that the PAD would ignore the elections and "go on rallying until Thaksin resigns and Thailand gets a royally appointed prime minister".

Thaksin had announced on 4 April 2006 that he would not accept the post of prime minister after parliament reconvened, but would continue as caretaker prime minister until then. He then delegated his functions to caretaker Deputy Prime Minister Chidchai Wannasathit, moved out of Government House, and went on vacation.

Elections were held on 25 April and resulted in the TRT winning 25 of the constituencies and losing two. Yet another round of by-elections on 29 April was scheduled for 13 constituencies. The Thai Rak Thai Party was later accused and found guilty of paying smaller parties to contest the election to fulfill the 20 percent rule, while the Democrat Party was accused of paying smaller parties not to. The by-elections were suspended by the Constitutional Court while it deliberated whether or not to annul the main elections. In press interviews in exile, Thaksin was to insist on his technical majority.

Invalidation of the elections

On 8 May 2006, the Constitutional Court ruled 8–6 to invalidate the April elections based on the awkward positioning of voting booths. The ruling was called a landmark case in "judicial activism". The Democrat Party, which had boycotted the April elections, said they were now ready to contest an October election.

A new election was ordered and later set for 15 October 2006. The court found the Election Commissioners guilty of malfeasance and jailed them. But the election was cancelled when the military seized power on 19 September.

The ouster

The Thaksin government faced allegations of corruption, authoritarianism, treason, conflicts of interest, acting non-diplomatically, and muzzling of the press. Thaksin was accused of tax evasion, lèse majesté (insulting King Bhumibol), and selling assets of Thai companies to international investors. Independent bodies, including Amnesty International, criticised Thaksin's human rights record. Thaksin was also charged for concealing his wealth during his premiership.

Protests by the People's Alliance for Democracy massed in 2006, and on 19 September 2006 a military junta which later called itself the Council for National Security (CNS) replaced Thaksin's caretaker government in a coup while he was abroad. The Constitutional Tribunal dissolved the Thai Rak Thai party for electoral fraud ex post facto, banning him and TRT executives from politics for five years. The CNS-appointed Assets Examination Committee froze Thaksin and his family's assets in Thailand, totalling 76 billion baht (US$2.2 billion), claiming he had become unusually wealthy while in office. Thaksin and his wife had declared assets totalling 15.1 billion baht when he took office in 2001, although he had transferred many of his assets to his children and associates before taking office.

Thaksin returned to Thailand on 28 February 2008, after the People's Power Party, which he supported, won the post-coup elections. But after visiting Beijing for the 2008 Summer Olympics, he did not return to hear the final supreme court sentence and applied for asylum in the United Kingdom. This was refused, after which he had to move about from one country to another. In October 2008, the Thai Supreme Court found him guilty of a conflict of interest and sentenced him in absentia to two years imprisonment.

The People's Power Party was later dissolved by the Supreme Court, but party members regrouped to form the Pheu Thai Party, which Thaksin also supported. Thaksin is a supporter, and alleged bankroller, of the United Front for Democracy Against Dictatorship (aka "Red Shirts"). The government revoked Thaksin's passport for his role in the UDD's protests during Songkran 2009. On 26 February 2010, the Supreme Court seized 46 billion baht of his frozen assets, after finding him guilty of abnormal wealth. In 2009 it was announced that Thaksin had obtained Montenegrin citizenship through that country's economic citizenship program.

Criticism

Corruption

Thaksin was accused of "policy corruption", such as infrastructure and liberalisation policies that, while legal "...abuse the public's interest,..." Supannee Chai-amporn and Sirinthip Arun-rue of the National Institute of Development Administration (NIDA) claimed that policy corruption caused the state to spend 5 to 30 percent more than it otherwise should have spent, costing the state an additional 400 billion baht. Thaksin critics point to more examples of corruption: the Thailand Board of Investment's (BOI) granting tax breaks worth a total of 16.4 billion baht to Shin Satellite for its iPSTAR project in 2003, and the Transport Ministry's decision the same year to abolish the minimum air fare of 3.8 baht per kilometre when Shin Corporation was about to consummate a joint venture with low-cost carrier AirAsia.

After the 2006 coup, the military junta-appointed Assets Examination Committee froze Thaksin's assets based on charges of policy corruption.

Thaksin denied the allegations. "They just made up a beautiful term to use against me. There's no such thing in this government. Our policies only serve the interests of the majority of the people", he said. From 2002 to 2006, the stock price of Shin Corporation increased from 38 to 104 baht, up 173 percent, while the stock price of Shin Satellite fell. In the same period, the Stock Exchange of Thailand (SET) index rose 161 per cent, and the price of other major SET blue chip companies increased vastly more. Industry deregulation caused the market share of AIS to fall from 68 percent to 53 percent.

Transparency International reported that Thailand's reputation for transparency among business executives improved somewhat during the years of the Thaksin government. In 2001, Thailand's Corruption Perceptions Index (CPI) score was 3.2 (ranked 61), whilst in 2005, the CPI was 3.8 (ranked 59).

A study of governance indicators worldwide by the World Bank gave Thailand a lower score on "control of corruption" from 2002 to 2005 under Thaksin when compared to the Democrat-led government of 1998–2000.

In 2008 Thaksin was sentenced to two years' imprisonment in absentia over a corrupt land deal. In a ruling that made him the first Thai politician ever to be convicted of corruption committed while prime minister, Thaksin was found to have violated conflict of interest rules in helping his wife buy land from a state agency at a seemingly low price.

Other charges

Immediately after the events of March 2010, Abhisit Vejjajiva stated that he would talk to the red shirt leadership, but not to Thaksin. He criticised Thaksin's wealth and extravagance, contrasting the alleged opulence of the premier's house and the humbler, agrarian roots of many of his supporters. Shortly after, he condemned his opponent's self-proclaimed affinity with ordinary people, the "phrai" (Thai: ไพร่), arguing that Thaksin was far closer to the "ammart", or the traditional elites in Thailand's army, bureaucracy, and political parties.

Thaksin's government was accused of exerting political influence in its crackdown on unlicensed community radio stations, and Thaksin brought defamation lawsuits against critical journalists.

Legal charges

Thaksin's diplomatic passport was revoked on 31 December 2006 after the junta accused him of engaging in political activities while in exile. Thai embassies were ordered not to aid him in his travels.

A junta-appointed Assets Examination Committee (AEC) froze Thaksin's assets and attempted to bring charges against him. The AEC was criticised for being stacked with anti-Thaksin appointees. At one point, AEC Secretary Kaewsan Atibodhi claimed that "evidence and witnesses are useless", when an AEC panel recommended legal action without hearing 300 witnesses or considering 100 additional pieces of evidence. The AEC froze Thaksin's assets.

In January 2007, the Financial Institutions Development Fund (FIDF) complied with an AEC request to file a charge against Thaksin and his wife for their purchase of four 772 million baht plots of land from the FIDF in 2003. The charge was based on an alleged violation of Article 100 of the National Counter Corruption Act, which prohibits government officials and their spouses from entering into or having interests in contracts made with state agencies under their authority.

The AEC also accused Thaksin of issuing an unlawful cabinet resolution approving the spending of state funds to buy rubber saplings.

In March 2007, the Office of the Attorney-General charged Thaksin's wife and brother-in-law with conspiring to evade taxes of 546 million baht (US$15.6 million) in a 1997 transfer of Shin Corporation shares.

The AEC found Thaksin guilty of malfeasance for obstructing competition by imposing an excise tax on telecom operators. Thaksin's Cabinet had approved the relevant executive decree in 2003.

In May 2007, Prime Minister Surayud Chulanont said Thaksin was free to return to Thailand, and he would personally guarantee Thaksin's safety. In January 2008 Thaksin's wife Potjaman was arrested on arrival in Bangkok but released on bail after appearing at the Supreme Court, with orders not to leave the country. She was set to be tried for alleged violation of stock-trading and land sale laws.

On 28 February 2008, Thaksin arrived in Bangkok after 17 months in exile. Thaksin stated that he would not re-enter politics and wished to focus on his football interests. In March Thaksin pleaded not guilty before the Supreme Court in one of his two criminal corruption cases. He was ordered to report back on 11 April after the court granted a month-long trip to England.

In June the Supreme Court denied Thaksin's request to travel to China and Britain, since his corruption case was set for trial and was ordered to surrender his passport after arraignment. In July the court assumed jurisdiction over the fourth corruption charge against Thaksin concerning soft loans to Burma. The court also agreed to hear allegations that Thaksin, his former cabinet, and three members of the current government broke anti-gambling laws by setting up the new state lottery in 2003.

Potjaman was found guilty on 31 July and sentenced to three years imprisonment, then released on bail. The Bangkok Criminal Court also convicted her adopted brother Bhanapot Damapong and her secretary, who allegedly held assets for Thaksin by proxy, of tax evasion.

Request for asylum in the United Kingdom

On 10 August 2008, Thaksin and Potjaman violated their bail terms by attending the 2008 Summer Olympics Opening Ceremony in Beijing. Stating that he wished to return to Thailand but claimed it was not currently safe for him and his family. Thaksin sought political asylum in the United Kingdom, claiming his political enemies were interfering with the judiciary. There is no evidence that he proceeded with his request and his asylum case was neither approved nor declined.

The Thailand Supreme Court's Criminal Division for Holders of Political Positions issued a second arrest warrant on 16 September 2008 against Thaksin over another of the four pending corruption cases and ordered suspension of the trial. Several more arrest warrants were issued over his subsequent non-appearance at various corruption trials.

Ratchadaphisek land verdict

On 21 October 2008, the Supreme Court's Criminal Division for Holders of Political Positions ruled that Thaksin, while prime minister, abused his power to help his wife buy public land at auction, and sentenced him to two years in jail.

Soon after, Thaksin told Reuters, "I have been informed of the result. I had long anticipated that it would turn out this way", and added that the case was politically motivated.

Chief prosecutor Seksan Bangsombun called on Britain to extradite him. Thaksin now denied he was seeking political asylum in Britain.

Self-imposed exile

On 10 November 2008, a Philippine spokesman said his government would "politely" turn down any request for political refuge from Thaksin due to Manila's "friendly" relations with Bangkok.

The British Government Home Office, meanwhile, revoked Potjaman and Thaksin's visas due to their convictions, while the Bangkok British Embassy e-mailed airlines asking them to disallow either of them to board flights to Britain. In late 2008, Arabian Business reported that the UK froze US$4.2 billion of his assets in the UK. The UK government did not confirm or deny this claim.

Thaksin had reportedly considered sanctuaries such as China, the Bahamas, Nicaragua, and several other countries in South America and Africa. Reports said the Shinawatras were granted honorary citizenship by the Bahamas and Nicaragua, and were building a £5.5 million home in China. As of late-May 2009, he reportedly remained in Dubai. A spokesman claimed Thaksin was travelling on six passports, none of them Thai. In December 2008 Thaksin obtained a residency permit for Germany which was subsequently withdrawn on 28 May 2009 when the German government became aware of the arrangement. Thaksin then obtained status as a diplomat of Nicaragua. Guido Westerwelle, German foreign minister, lifted the travel restriction banning Thaksin from entering Germany on 15 July 2011 after the election victory of Thaksin's proxy party.

In a November 2009 interview, Thaksin told The Times that he was living in Dubai, still had access to about US$100 million of his money outside of Thailand, and was investing in gold mines, diamond polishing, and lottery licenses in various countries.

Songkran unrest

In mid-April 2009, violent protests of mostly Thaksin supporters calling themselves the National United Front of Democracy Against Dictatorship (UDD) led to the cancellation of the ASEAN summit in Pattaya and a declaration of a state of emergency in Bangkok. Thaksin had given encouragement at UDD rallies via satellite and phone-in link, at one point calling for a "people's revolution". Following suppression of the protests he claimed to have merely been offering "moral support".

Thaksin supported protests by the UDD against the Abhisit Vejjajiva government, demanding Thaksin be allowed to return free from all the earlier corruption charges. Thaksin denied leading the UDD, claiming he only gave them "moral support".

Money laundering allegations

In April 2009, Privy Councilor General Pichitr Kullavanijaya reported he had been informed by former US ambassador to Thailand Ralph L. Boyce that Thaksin had laundered 100 billion baht (US$2.8 billion) through Cayman Island bank accounts to organise the anti-government protests. Boyce himself said that he had "...no idea why he was cited as a knowledgeable source about where Thaksin may or may not have made deposits, and that he has no such information."

Economic advisor to Cambodia

On 4 November 2009, it was announced that Thaksin had been appointed as special advisor to the Cambodian government and Hun Sen and stated that Cambodia would refuse to extradite Thaksin because it considered him a victim of political persecution. On 5 November 2009, both countries recalled their ambassadors.

Thai Prime Minister Abhisit Vejjajiva stated this was "the first diplomatic retaliation measure". Stating Cambodia was interfering in Thailand's internal affairs and as a result all bilateral agreements would be reviewed. Sok An, a member of the Council of Ministers and Deputy Prime Minister of Cambodia, said Thaksin's appointment is a decision internal to Cambodia and "conforms to international practice". The mutual withdrawal of ambassadors is the most severe diplomatic action to have occurred between the two countries.

Spy controversy

On 11 November 2009, Sivarak Chutipong was arrested by Cambodian police for passing the confidential flight plans of Thaksin and Cambodian prime minister Hun Sen to Kamrob Palawatwichai, First Secretary of the Royal Thai Embassy in Cambodia. Sivarak was a Thai engineer working in Cambodia for Cambodia Air Traffic Service, the private firm which managed air traffic control in Cambodia. Sivarak denied that he was a spy, and the Thai government claimed that he was innocent and that the incident was a Thaksin/Cambodian plot to further damage relations between the two countries. The Thai First Secretary was expelled from Cambodia. Sivarak demanded that former First Secretary Kamrob speak out and restore his damaged reputation by confirming he was not involved in a spy ring. Kamrob refused to provide comment to the press throughout the controversy, and Kasit's secretary, Chavanond Intarakomalyasut, insisted that although that there was no misconduct on the part of the First Secretary or Sivarak, there would be no statement from Kamrob.

Sivarak was later sentenced to jail for seven years. Thaksin requested the Cambodian government to pardon Sivarak, and he was soon pardoned by King Norodom Sihamoni and expelled. Deputy Prime Minister Suthep Thaugsuban later accused Sivarak of staging his own arrest in order to discredit the Abhisit government. Former Thai spy chief and Foreign Minister Prasong Soonsiri concurred, claiming, "It has been a set-up from the beginning.

Frozen asset seizure

Prior to the verdict

On 26 February 2010, the Thai Supreme Court was scheduled to render its verdict on whether to seize Thaksin's Thai assets, worth 76 billion baht frozen by the AEC after the coup. The AEC froze the assets under the authority of Announcement No. 30 of the military junta. Tensions ran high throughout Thailand. Tens of thousands of government security forces were deployed, particularly in routes leading to Bangkok. However, the UDD denied that it would rally on the date of the verdict. The nine Supreme Court judges had to make a judgment on accusations of abnormal wealth through policy corruption. Policy corruption, was defined by the court as the abuse of powers by implementing economic policies that, while in themselves legal and of potential benefit to society and the economy, also aided companies that were owned in part by the policy maker. The prosecution claimed that Thaksin abused his powers five times while premier.

The verdict

The court first ruled that Thaksin and Potjaman were the real owners of the assets, rather than his children and relatives. The court also ruled that it had the authority to seize assets, based on the announcements of the junta. The court found Thaksin guilty of four out of five policy corruption, and ordered that 46 billion baht be seized. The remaining 30 billion was to remain frozen.

Count 1: Conversion of telecom concession fees into excise charges. Previously, telecom operators had to pay TOT/CAT a percentage of their revenue as a concession fee (TOT/CAT are state-owned enterprises, although they were going through the process of privatisation). The Thaksin government modified this into a system wherein all operators would instead directly pay the government an equivalent excise tax. The imposition of excise tax here would eventually be passed on to consumers. Thaksin claimed that all operators continued to pay the same total costs. The judges ruled that this benefited AIS while harming TOT, and thus was an abuse of power.

Count 2: Modification of a revenue sharing agreement on pre-paid mobile services. Previously, telecom operators had to pay TOT a percentage of their revenues for post-paid mobile services. To offer pre-paid services, which generally cost the consumer less, AIS negotiated with TOT to design a revenue sharing agreement for pre-paid services that offered less revenue to TOT, an estimated loss of 14.2 billion baht (revenue reduced from 25 to 20 percent) from 2001 to 2006 and another estimated loss of 56 billion baht (revenue reduced from 30 to 20 percent) from 2006 to 2015. The judges ruled that the terms of the pre-paid agreement harmed TOT while benefiting AIS. The judges did not dispute the fact that TOT's total revenue actually increased substantially as a result of the agreement, but noted that the rise in pre-paid revenue came about while harming TOT's post-paid revenue. The massive growth in Thai mobile penetration from 13 percent in 2001 to 80 percent in 2007, due almost completely to pre-paid services, and the reduction in AIS market share from 68 to 53 percent in the same period were not taken into account by the court.

Count 3: Modification of mobile roaming agreement. Previously, there were no roaming agreements between mobile operators – subscribers from one operator were not allowed to use services on another operator's network, thus limiting the growth of the mobile industry. Under the Thaksin government, roaming was allowed, with roaming fees deducted from the revenue that AIS and other operators had to share with TOT and other state enterprises. Essentially, TOT helped AIS shoulder the costs of its subscribers roaming on the mobile networks of other operators. This reduced TOT and CAT's income while benefiting the operators. However, the judges ruled that it while benefited AIS, it did so to the benefit of AIS's new owners (Temasek Holdings) rather than Thaksin, and hence was not an abuse of power.

Count 4: Replacement of ThaiCom 4 with iPSTAR. A previous government had originally contracted with ShinSat to launch and operate ThaiCom 4 as a backup satellite for ThaiCom 3. Instead, ShinSat negotiated with the Thaksin government to launch iPSTAR, at the time the largest commercial satellite in history, which it claimed could offer commercial internet services while also providing backup for ThaiCom 3. However, the claim is not technically possible since iPSTAR does not have C-band transponders as Thaicom 3. Shin Corp's ownership in ShinSat was subsequently reduced from 51% to 40%. The judges found that the changes in ownership and satellite specification change reduced Thailand's communications security by not having the backup satellite for ThaiCom 3 on the one-to-one basis. It also noted that the negotiations allowed ShinSat to launch a satellite with much greater commercial potential than ThaiCom 4 without having to bid for a separate concession agreement.

Count 5: EXIM Bank loan to Myanmar to pay for ThaiCom services. Thaksin was scheduled to meet with Burmese leaders to negotiate trade deals between the two countries. One of the deals negotiated gave Myanmar a Thai EXIM Bank loan to purchase 376 million baht in satellite services from ShinSat. Thaksin noted that many deals were struck in the negotiations, and that 16 other companies also benefited from the EXIM Bank's loans. The judges ruled that the loans gave preferential treatment to Thaksin, and hence were an abuse of power.

The judges decided to seize 46 billion differences in value of Shin Corp. shares from the date when he came to office and the value when the shares were sold to Singapore's Temasek Holdings in early 2006. Note that, Thaksin had declared around 500 million baht in assets and Pojaman had 8 billion to 9 billion baht while Thaksin served as prime minister. Nevertheless, during that period, Shin shares gained 121%, compared with a 128% gain in the benchmark SET index, while Siam Cement, one of Thailand's premier blue chip companies, gained 717%. The judges did not find that Thaksin was guilty of malfeasance. They also noted that any benefit to the government from Thaksin's policies was irrelevant to the ruling. The government reaped approximately 100 billion baht in increased revenue from changes in the concession agreements alone.

Aftermath

In an email to his supporters, Thaksin claimed that the court was used as a tool. He also noted how the Thai stock market rose to the benefit of many companies, not just his, and claimed that all charges against him were politically motivated. He thanked his supporters for not protesting while the verdict was being read, and implored them to use non-violent means in the future. Pojaman na Pombejra insisted that tens of billions of baht of her wealth had been given to her children and relatives well before Thaksin took office in 2001 and denied that her children and relatives were nominees of her and her husband. She also denied having any control over Ample Rich and Win Mark, two firms that the AEC had accused of being her nominees. In spite of Pojaman's claim, Thaksin was the authorised signature for Ample Rich through 2005, making him the only individual authorised to withdraw funds from the company's account until he transferred the authority to his children, four years after he took office in 2001.

Some UDD members held a small protest in front of the court, but did not disrupt the ruling as the government had predicted they would. The UDD leaders announced that a large-scale protest was scheduled to be held on 14 March 2010.