Showing posts with label DSI. Show all posts
Showing posts with label DSI. Show all posts

Wednesday, May 18, 2016

Declaration of Spokesperson, Followers and Supporters of Wat Phra Dhammakaya

In accordance with special case no. 27/2559, Phrathepyanmahamuni was unjustly charged with abetting in money laundering and accepting stolen property.

1. In reference to the Klongchan Credit Union Cooperative (KCUC) case where 878 checks had been withdrawn which led to the problems related to their financial operations, the Department of Special Investigation (DSI) started with special case no. 146/2556, which they had submitted to the prosecutor with Phrathepyanmahamuni as a suspect. By law, once the findings by the DSI officials are submitted to the prosecutor, the authority to evaluate, or to further investigate, rests in the hands of the prosecutor. DSI officials are not permitted to investigate further and charge an additional individual using the same findings at this stage according to criminal code 141-143.

2. Later, the prosecutor requested that DSI officials obtain additional evidence related to the money trail for the 878 checks. DSI officials have already questioned Phrathepyanmahamuni about his role as a recipient of the 10 checks from the Credit Union as authorized by Mr. Supachai. DSI officials then submitted their additional findings related to special case no. 146/2556 on the 29th of October 2015, and recommended the prosecutor bring charges of money laundering and accepting stolen goods against Phrathepyanmahamuni.

3. The lead prosecutor reviewed case no. 146/2556 on the 29th of January 2016, without charging Phrathepyanmahamuni. If evidence emerged showing there were individuals who conspired to engage in this crime, then investigative officials were permitted to proceed with the case in accordance with the law. 

4. On the 18th of February 2016, DSI officials released a public statement that they would charge Phrathepyanmahamuni for accepting stolen property. The attorney representing Phrathepyanmahamuni filed a letter to the prosecutor asking if DSI officials were authorized to bring this additional charge. The prosecutor stated that DSI officials will have to obtain additional evidence and submit these findings to the prosecutor first. DSI officials cannot legally construct a new case on their own. 

5. The attorney, who was given Power of Attorney by Phrathepyanmahamuni, submitted documentation with responses from the Lead Prosecutor, to the Director-General of DSI on the 18th of February 2016. 

6. Mr. Thammanoon Attachoti filed a complaint against Phrathepyanamahamuni alleging he was an accomplice in laundering money and accepting stolen property in March 2016, which led DSI officials to open special case No. 27/2559. DSI officials then issued a summons on the 29th of March for Phrathepyanmahamuni to appear as the accused in conspiring to launder money and accept stolen property, which may be considered a misuse of authority (according to Judgement No. 9/2481). 

7. On the 16th of May 2016, Mr. Pathajak Thepsorn, a supporter of Wat Phra Dhammakaya, filed a complaint to the Office on Anti-Corruption Commission that DSI officials in special case no. 27/2557 had performed their duties dishonestly. They had broken Criminal Code Article 157 Sections 200, 83, and 86. He also filed a complaint against Mr. Thammanoon Attachoti as being the person behind these illegal activities.

8. The investigation carried out by DSI officials for special case no. 27/2559 is unjust on many accounts; for example, They rapidly opened a new case and subsequently issued a summons for the accused. Phrathepyanmahamuni had requested a postponement due to illness, with a medical certificate from clinic-based and public hospital-based physicians as supporting documentation. However, DSI officials did not permit the postponement and did not assign a physician from the government sector to examine his health, as to whether he is indeed ill or not. Instead, they immediately sought an arrest warrant from the court.

9. Supporters and followers of Wat Phra Dhammakaya question the basis of special case no. 27/2559 by the Department of Special Investigation and believe that it was illegal to begin with. Thus, the judicial process was not carried out in a fair and honest manner. This is akin to buttoning up the first button on a shirt in the wrong position. The rest will be in the wrong position as well. Supporters and followers would like to bring attention to every illegal action committed by each person involved with this case, in an attempt to prevent authorities from abusing their power. They should act justly, and in accordance with the law, in order to set proper standards for the rest of society.

Mr. Ongart Thammanita
Spokesperson, Followers and Supporters of Wat Phra Dhammakaya
17 May 2559 (2016)



Sunday, May 15, 2016

ABC News Slams Somdej Chuang with Bad Journalism

On March 29th 2016, ABC News published an article titled “Thailand's head monk to be summoned by police over luxury Mercedes-Benz”. Despite the fact that ABC News has a reputation of credibility, the article contains lots of inaccurate information that must be fixed before it can rightfully belong in the news section.

The journalist, Liam Cochrane, had already corrected one of the mistakes five hours after posting the article. The mistake was replacing the title “Somdej” with “Mr.,” a big no-no in the Thai and Buddhist culture. Thus, it would not be new if all the other mistakes should be corrected also.

The article lacks both the full facts and justness. This response is aimed to shed light to all this misinformation, so ABC News and Mr. Cochrane may have all the correct facts to enhance the credibility of their article.

By law, monks cannot be ‘summoned’

From the very first few paragraphs, the article has already picked a side: against Somdej Chuang. The article presents observations from only one side of the case without fully addressing the full rights and privileges of Somdej Chuang.
Somdej Chuang
Let’s first discuss the rights. The article failed to mention that Somdej Chuang is a witness in this DSI case, NOT a suspect. He must be treated accordingly, not as a criminal. His decision to not speak about the subject without the presence of a lawyer is his full rights, and should be respected. It is only the DSI that “prefers” to have the witness testimonials in speech. They do not have the authority to force Somdej Chuang to give any testimony. Though, Somdej Chuang did volunteer to cooperate, but in writing through the facilitation of proper lawyers, which is easy to keep record of for both parties and is a lawful decision.

Let’s now discuss the privileges. By Thailand’s civil procedure code, monks cannot be summoned as a witness. DSI must request for affidavit. It is the Thai law that 3 types of people may not be summoned as witnesses. These people have been granted special privileges that states they may only be invited in the circumstance that they are only witness to a case:

1. Royalty

2. Monks

3. Diplomats

The act of “summoning” Somdej Chuang is both undiplomatic and against the law. General Paiboon’s statement quoted in the article that “we have to issue the arrest warrant,” is based on his own ignorance of this lawful privilege. DSI’s gift of candles and incense to Somdej Chuang does not give them the free ticket to show that kind of disrespect.

Mr. Sulak and Mr. Mano have no facts, only opinions

On the topic of the article’s attempt to jump on to the train of defaming the Dhammakaya Temple, the following must be presented.

The Dhammakaya’s embezzlement case in 1999 has been settled long ago. The abbot was found innocent. To bring up this settled case is not only unethical, but very unprofessional. The case is way too old for a throwback. #tbt? Maybe it belongs on Twitter or Instagram instead.

Even an older throwback is to give credibility to Mr. Mano, who had been removed from the temple in the 80’s.
Mr. Mano

Both Sulak and Mano as cited in this piece have never presented any evidence in their allegations against either Dhammakaya temple or any people. They made oral and unsubstantial claims toward many people but none of those statements can be supported. It must be a mistake in the ABC’s source checking system, because such a credible news channel cannot possibly consciously choose them.
Mr. Sulak

Mr. Sulak’s quote, "[It's] teaching people that to be powerful is good, to have money is good, the more you spend money on the Dhammakaya you can even see the Buddha — and you can even live forever," carries absolutely no weight. The temple has never taught such ridiculous teachings. The quote was a blatant lie from Mr. Sulak. Just by making this one absolutely slandering and defaming statement is enough to complete discredit Sulak’s opinions about the temple, or even about Buddhism. How could someone comment on anything Buddhist, if he couldn’t even keep the five precepts?

*For anyone caring to know, the five precepts are the basic guidelines for all Buddhist to live by. One of them is to not tell a lie.

No proper reference to the scripture saying which teachings were wrong

The article also accuses the Dhammakaya temple for wrong teaching, while they have never attended any of the teaching sessions, but only offers a one sentence quote of the teachings.

The temple teaches the teachings of the Lord Buddha. The Tripitaka scripture has 84,000 entrances. Anyone can attend any of the teaching sessions and compare them to the entrances. However, to make such a claim that the teachings have been changed from the scripture, it requires reference to scripture. No such proper references have been made in the article by any of the “credible” people interviewed.

Political ties? Really?

Lastly, to make a link between the temple and a single political figure or party is quite weak. The temple has no political ties to Mr. Thaksin, or any political figures in Thailand. However, the temple is quite big, a fact that everyone knows. There is no denying that there are people from every walk of life attending the temple. Common sense says that some of them may be Yellow shirts, some Red shirts, some undecided; it is each person’s freedom. What ever political groups they identify with, when they are inside the temple’s premises, they are White shirts.

As juicy as the article was, ABC News and Mr. Cochrane must correct all these fallacies or move the article to the opinion section of the website. Failing to do so will only make ABC News and Mr. Cochrane less respectable.

For more information regarding this case, see "The Guardian Presents Incomplete Story Regarding Somdej Chuang."

T Gardner

from : http://www.dhammakayauncovered.com/home/2016/5/1abc-news-slams-somdej-chuang-with-bad-journalism

Saturday, May 14, 2016

An Open Letter to DSI

Most Venerable Phrathepyanmahamuni (Luang Por Dhammajayo), the abbot of Wat Phra Dhammakaya

An Open Letter to DSI from the Former Member of the National Reform Council’s Committee for Religious Policy Reformation and Protection of Buddhism

The Department of Special Investigation (DSI) is seeking an arrest warrant for the Most Venerable Phrathepyanmahamuni (Luang Por Dhammajayo) of Wat Phra Dhammakaya after he requested a postponement of appearance due to acute health issues. Although the official request was enclosed with a medical certificate and confirmation by his medical team, DSI has disregarded it and remains firm in its decision. As of now, the case against Ven. Dhammajayo is still under investigation. 

Ven. Dhammajayo is suffering from health issues

In requesting a postponement of appearance, the accused (Ven. Dhammajayo) has reasonable cause, that is, genuine health issues. In fact, a team of licensed medical doctors had confirmed that he was truly ailing and this official diagnosis was submitted as part of the request for postponement. DSI’s refusal to acknowledge the medical opinion in order to expedite the investigative process may arise from ulterior motives, as DSI is a government agency.

The spokesperson for Ven. Dhammajayo has stated that they are most willing to allow a team of medical officers appointed by the DSI to inspect and ascertain Ven. Dhammajayo’s physical condition, in the precinct of Wat Phra Dhammakaya if they so wished as the chief abbot is unable to walk. This will definitely enable them to establish a bona-fide conclusion of the chief abbot’s condition and remove any suspicions. However, against all lawful and humane procedures, DSI had ignored the medical certificate and requested the court issue a warrant for his arrest on April 26th, 2016. Also, no DSI medical officers were assigned to examine Ven. Dhammajayo to offer a professional opinion on his health status.

DSI may be subject to manipulation by the government in order to attack Buddhism

The government sector may be using DSI as a puppet to launch strategic attacks on the religious community. Keep in mind that Ven. Dhammajayo is not yet a defendant and the case is still in the inquiry process. Therefore, the expedition of the process without room for compromise signifies that DSI may have a hidden agenda. Regardless, this is causing an unnecessary, significant conflict that is catastrophic toward all Buddhists as a whole, not including political polarization.

Does this action promote peace and order?

The government’s National Council for Peace and Order initially declared that the government would protect and promote the peace of the nation. By engaging in this aggressive action against the Buddhist community, can the government still claim that it aims to provide for the peace and order of the country? 

With all due respect, I pray that the courts of justice take this case into fair consideration. With the possibility of the loss of faith in the government and kingdom in mind, I, on behalf of the entire religious community, plead for due process and consideration from the court of justice.

Sasinapa Nitidhampapon
Former Member of the National Reform Council’s Committee for Religious Policy Reformation and Protection of Buddhism

By Emma Lee

from : http://www.dhammakayauncovered.com/home/2016/4/25/open-letter-to-dsi

Wednesday, May 11, 2016

DSI Seeks Arrest Warrant: A Lawyer's Perspective

1. Why did DSI choose to release a written statement instead of an announcement via live press conference? This is highly unusual for a high profile case being followed closely by the public, particularly, when reporters from most of the Thai media outlets had been on standby outside of DSI headquarters for most of the day.


2. Why is DSI so eager to expedite the process when the accused (Luang Por Dhammajayo) is not a flight risk. In fact, if the postponement request is due to genuine health issues or legitimate circumstances, he should be granted the request.







If DSI didn't find the medical certificate submitted by the lawyer to be credible, due process dictates they appoint a physician to examine him at the temple. If upon examination it is found that he is not ailing in accordance with the medical certificate, a request for an arrest warrant could be made.


In sum, DSI curtailed due process and reached a conclusion without expert medical opinion. It is this decision, amongst numerous others, which makes DSI appear biased against the abbot.


By Patrick Chan


: http://www.dhammakayauncovered.com/home/2016/4/25/dsi-seeks-arrest-warrant-a-lawers-perspective

Monday, May 9, 2016

A Perspective on the Klongchan Credit Union Cooperative Case

What Transpired and How It Can Be Rectified
Klongchan Credit Union Cooperative (KCUC) initially had a working capital of 21,000 M baht. The issue arose when it permitted 12,000 M baht in loans, making itself illiquid—a state of lacking sufficient funds to meet its obligations. This led to a deficit preventing the cooperative from having available funds for circulation, putting it at risk for bankruptcy. Potential approaches to rectify the situation and restore the cooperative are as follows: 
1. Negotiation with its creditors for leniency/grace period
2. Secure additional investment sources 
3. Collect debt payments
4. Increase its membership
The cooperative shouldn’t have permitted DSI to file money laundering charges. Doing so essentially suspends the cooperative’s financial operations and increases its likelihood of bankruptcy, as few financial institutions would risk lending to the cooperative, further exacerbating its situation.  
Supporters of Wat Phra Dhammakaya understood the gravity of the situation and raised over 600 M baht in funds to revitalize the cooperative and prevent the 53,000 members from going bankrupt. They recognized the current economic state would lead to difficulties in securing loans from other banking institutions. Moreover, as the cooperative weakens, competitors see it as a good sign that a sizable community bank will be eliminated from the market. The problem worsened when DSI in turn accuses the Abbot of Wat Phra Dhammakaya of money laundering, further troubling temple supporters who had generously raised funds in an act of goodwill. 
1. These supporters feel betrayed by the cooperative.
2. They feel DSI is specifically targeting Wat Phra Dhammakaya.
3. In addition, the cooperative’s members are being misled into believing the 12,000 M baht can be demanded from the temple.
The truth is 857 cheques worth 12,000 M baht were paid to seven groups. Five were cooperative debtors. Two others – Wat Phra Dhammakaya and various other temples – became victims when the donations received via cheque were drawn from borrowed cooperative funds.

What is most perplexing is DSI has not filed charges against any other group, but it has singled out the Abbot of Wat Phra Dhammakaya for money laundering charges. As stated earlier, the Abbot’s supporters have already raised funds to aid the cooperative’s members during this trying time.  
Please consider the following:
1. The cooperative lost 12,000 M baht through 857 cheques paid out to various groups, yet all money laundering accusations are directed only at the Abbot of Wat Phra Dhammakaya. Is this a fair way of exercising the law? 
2. Will DSI’s accusation of the Abbot of Wat Phra Dhammakaya for money laundering help restore the cooperative and recover 12,000 M baht from its debtors?
3. When accusations of money laundering occur down the line, one ultimately has to start at the front of the line – the cooperative by implication. Will financial institutions step in to assist the cooperative if it is accused of money laundering as well?
  4. If the cooperative went bankrupt as a result of money laundering accusations, will the DSI take responsibility for the bankruptcy of its members?
5. Among the 53,000 members are several thousand who are temple supporters. Some are deceased yet funds still cannot be withdrawn for those accounts; others have deposited millions yet withdrawals are on hold for those. Will the DSI take responsibility for these hardships? Will it secure funds to assist members who are also temple supporters? 
6. If the cooperative goes bankrupt, will DSI assume responsibility for returning 600 M baht in funds raised by temple supporters for the cooperative?
 7. If donations made to a Buddhist temple place the abbot at risk for money laundering charges and accepting stolen property, would any monk risk assuming the roles and responsibilities of a temple abbot? 
If this manipulation of the law leads to the abandonment of the 35,000 temples throughout Thailand, will DSI be accountable for Buddhism’s decline? When exercising the law, one must go beyond the scope of the law and examine potential repercussions. DSI’s actions will set a precedent for law administration regarding charges of money laundering and receipt of stolen property to be potentially applied against all Buddhist temples, as well as for methods used for revitalization of financial institutions in Thailand.
By Patrick Chan
from: http://www.dhammakayauncovered.com/home/2016/4/21/a-perspective-on-the-klongchan-credit-union-cooperative-case

Friday, April 29, 2016

Phra Thepyanmahamuni (Luang Por Dhammajayo), el abad del templo Wat Phra Dhammakaya es acusado de un delito falso. (DSI กับขอเลื่อนนัดครั้งที่ 2 ของหลวงพ่อ ภ.สเปน)

Phra Thepyanmahamuni  (Luang Por Dhammajayo), el abad del templo Wat Phra Dhammakaya es acusado de un delito falso. 

El departamento de Investigaciones Especiales de Tailandia (DSI) ha convocado a Phra Thepyanmahamuni (Luang Por Dhammajayo) a comparecer ante las autoridades este 25 de abril de 2016 con razón a un supuesto lavado de dinero.

Sin embargo, Phra Thepyanmahamuni (Luang Por Dhammajayo) ha sufrido de numerosos problemas de salud, debido a su participación en numerosas actividades religiosas, en especial este 22 de Abril día que celebraron su cumpleaños. 
Entre los síntomas que manifiesta se encuentran un vértigo paroxismal benigno, -que le causa extremo dolor en su espalda y en su pierna izquierda-, una trombosis severa en sus venas, junto con una úlcera crónica que le ha causado una inflamación severa en su pierna izquierda.
Por lo tanto su condición de salud le ha impedido comparecer ante el departamento de investigaciones especiales, ya que su equipo de médicos ha acordado de manera unánime que Phra Thepyanmahamuni (Luang Por Dhammajayo) debería mantener reposo por un lapso de 15 días. 
Mientras tanto, el equipo legal de Phra Thepyanmahamuni (Luang Por Dhammajayo), han intentado aplazar esta reunión para el día 10 de Mayo de 2016, no obstante la corte estaba por emitir una orden de arresto. 
El representante de Venerable Phra Thepyanmahamuni (Luang Por Dhammajayo) afirmaba que este se encontraba dispuesto a permitir que un equipo médico de la DSI lo inspeccione para ratificar su estado de salud, en las inmediaciones de las instalaciones de Wat Phra Dhammakaya, (ya que el abad no es capaz de moverse). Con el objetivo de eliminar cualquier sospecha en su contra.
Los seguidores de las enseñanzas de Dhammakaya, y sobre todo del liderazgo de Phra Thepyanmahamuni (Luang Por Dhammajayo), creemos que esta situación no respeta los derechos humanos de nuestro abad. Además, que creemos irrazonable el hecho de arrestar a una persona que tanto se ha dedicado a beneficiar a otros; ya que es gracias a las enseñanzas de los maestros de Dhammakaya, que el budismo en Tailandia ha prosperado, y que cientos de personas alrededor del mundo han encontrado la paz y la felicidad. 
Vivimos tiempos turbulentos, pero estamos dispuestos a aclarar cualquier situación que afecte tanto a Wat Phra Dhammakaya como a nuestro abad Phra Thepyanmahamuni (Luang Por Dhammajayo), ya que como practicantes de las enseñanzas del Buda, nuestro único objetivo es beneficiar a los seres a través de nuestros actos altruistas. 

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Spain language (español) by Julenne Esquinca Tapia

https://www.facebook.com/dhammakayainter/posts/1730413480536445?__mref=message_bubble

https://www.facebook.com/permalink.php?story_fbid=1001596839878078&id=688402127864219


Referencia : http://www.mindfulnews.net/2016/04/dhammakaya-uncovered-apr-25-dsi-seeks.html
                  : https://www.facebook.com/sanitwong/media_set?set=a.10201649180666617.1073742170.1692178767&type=3&pnref=story.unseen-section



su pierna izquierda.