Is new amnesty law the path to political reconciliation in Thailand?

[webfact]

 

Legal amnesty for people charged with political crimes has been a hot potato for the past decade in Thailand.

 

An attempt in 2013 by Yingluck Shinawatra’s Pheu Thai government to pass an amnesty law covering anyone charged in connection with political conflicts led to massive street protests that culminated in a military coup in May 2014. Later moves to push for an amnesty law all failed.

 

Now, Pheu Thai’s return to power has sparked fresh efforts by parties and civic groups to pass a blanket pardon for political cases. However, a heated debate has emerged over whether the legislation should cover lese majeste cases under Article 112 of the Criminal Code.

 

The House of Representatives on February 1 resolved to set up a 35-member ad hoc committee tasked with studying the prospective amnesty law, proposed by the ruling Pheu Thai party. The panel was given 60 days to complete its mission.

 

‘Amnesty should be for everyone’

 

Olarn Thinbangtieo, a lecturer at Burapha University’s Faculty of Political Science and Law, insists that to secure full political reconciliation, a new amnesty law must cover all criminal cases of a political nature. For him, that includes lese majeste cases.

An amnesty that excludes lese majeste suspects and convicts would be “incomplete and lacking legitimacy”.

 

He believes amnesty should be granted in all political cases except those involving corruption or the masterminding of violence.

Meanwhile leaving out lese majeste cases would represent a failure to address the “root cause” of the problem, he said.

 

“We must acknowledge that people are being persecuted with Article 112. This clause has been used as a political tool to destroy political enemies,” the academic said.

 

He added that the monarchy is being damaged by allegations that lese majeste is being used as a political weapon.

 

Threats to the monarchy is “why everyone doesn’t want Article 112 cases to be included in the amnesty law. But in fact, if we leave it out, the problem will remain unsolved,” Olarn said.

 

The amnesty bill supported by Yingluck’s Pheu Thai government also covered corruption and murder cases, which angered many people who took to the streets. Suspicion arose that the draft law had been designed to benefit Yingluck’s brother, Thaksin Shinawatra, who faced numerous corruption charges stemming from his time as prime minister before his government was ousted in the 2006 military coup.

 

Full story: Thai PBS 2024-02-20

 

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[ikke1959]

Section 112 should be in it indeed.. The former Government has abused it to get rid of protestors and even now still being used to minor offences. If section 112 is not able the get amnesty it will damage more than it will do good 

[mark131v]

9 hours ago, webfact said:

“We must acknowledge that people are being persecuted with Article 112. This clause has been used as a political tool to destroy political enemies,” the academic said.

 

A very brave move to bring up this hot potato! it's still being used to neuter dissent, even teflon Tony is not immune and we all know how slippery he is! I reckon this is exactly how they will control him till he shuffle's off this mortal coil 

 

It really needs to go but the establishment is never ever going to let such a potent muzzle go to waste, seems fear and coercion is just about all they can do with any degree of skill...

[hotchilli]

18 hours ago, webfact said:

Now, Pheu Thai’s return to power has sparked fresh efforts by parties and civic groups to pass a blanket pardon for political cases. However, a heated debate has emerged over whether the legislation should cover lese majeste cases under Article 112 of the Criminal Code.

The next step to get Yingluk back into Thailand.

[klauskunkel]

19 hours ago, webfact said:

An attempt in 2013 by Yingluck Shinawatra’s Pheu Thai government to pass an amnesty law covering anyone charged in connection with political conflicts led to massive street protests that culminated in a military coup in May 2014

No it didn't. Greedy General was approached to make a coup, set back the country and then become untouchable Privy Council member. Which also is an amnesty of sorts.

Edited February 21 by klauskunkel

[herfiehandbag]

33 minutes ago, klauskunkel said:

No it didn't. Greedy General was approached to make a coup, set back the country and then become untouchable Privy Council member. Which also is an amnesty of sorts.

A first rate summary in less than thirty words!

[newbee2022]

1 hour ago, hotchilli said:

The next step to get Yingluk back into Thailand.

That might be but not the initial idea to change the amnesty law.

[mfd101]

Apart from 112, it would be interesting to know how 'political crime' is defined.

 

Basically not a concept in Western democracies. Your acts as a government Minister are either criminal under the same criminal law that applies to everyone else or they're not.

 

Perhaps Trump could advise.

Edited February 21 by mfd101

[herfiehandbag]

16 minutes ago, mfd101 said:

Apart from 112, it would be interesting to know how 'political crime' is defined.

 

Basically not a concept in Western democracies. Your acts as a government Minister are either criminal under the same criminal law that applies to everyone else or they're not.

 

Perhaps Trump could advise.

It's legal advice? If he is involved you'd better be prepared to pay up front 😉!

[Srikcir]

22 hours ago, webfact said:

political conflicts led to massive street protests that culminated in a military coup in May 2014.

Just to be clear, it was not the street protests nor the amnesty efforts that caused the coup.

It was in essence the royalist & military establishment's expectations that PM Yingluck would be re-elected in the re-scheduled election for May 2014 after the Constitutional Court declared the February 2014 election results null and void. The Election Commission as such refused to reveal the February 2014 election results.

 

As I recall Army Gen. Prayut attempted to have Yingluck agree to something like an appointed communist mini-prolitburo composed of Democrats, PTP, etc. and (perhaps) selected pro-military elitists to govern the country. Yingluck refused on the grounds that creation of such a "committee" to govern the nation was a violation of the Constitution (correct). Thereafter, in May 2014 just prior to the scheduled election, Gen. Prayut overthrew the caretaker government, took control of the nation and abolished the Constitution.

 

My point is that subsequent to the military's unconstitutional overthrow, it granted itself amnesty in a new constitution written by the military. And here the nation is again despite amnesty, in an unresolved national political conflict.

If anything in the form of political amnesty takes place now, it should begin first with the repeal of the Prayut coup's amnesty and prosecution of those who torched the 2007 Constitution, followed by a reconstitution of the judicial system to assure fair and open rule of law without political bias. Part of such process would be the recognition that the Thai military is not sovereign but under sovereignty of the Thai People through their elected leadership.

 

Just my thoughts to begin amnesty negotiations.

 

[NoshowJones]

5 hours ago, hotchilli said:

The next step to get Yingluk back into Thailand.

She already is going by the photo in a previous thread. Unless it's an older photo taken when she was in Dubai in which case I hope she wasn't complaining about neighbour's noisy parties.

Edited February 21 by NoshowJones