Chalerm Vows To Help Get Fugitive Ex-PM Thaksin Pardoned

[webfact]

FUGITIVE EX-PM

Chalerm vows to help get Thaksin pardoned

By The Nation

Deputy Prime Minister Chalerm Yoobamrung yesterday vowed to rectify the conviction of former prime minister Thaksin Shinawatra, though he said he was not quite what action he would take.

"This is a big issue and I need time to think things through," he said.

Chalerm explained that Thaksin had not been found guilty of corruption and that the Supreme Court's verdict was about the violation of constitutional edicts.

However, he did not clarify how he deduced that the verdict was related to constitution-related offences when the judicial decision was based on conflict-of-interest provisions prescribed by the anti-graft law.

In 2008, Thaksin was sentenced to two years in jail in relation to the Ratchadaphisek land deal involving his now ex-wife Pojaman na Pombejra, he said.

The Civil Court later cancelled this deal, hence Thaksin's guilty verdict in connection with the deal deserved a new judicial review, he said. However, Chalerm admitted that he was uncertain if the high court would allow a fresh inquiry.

Reacting to Democrat MP Thaworn Senneam's fight against Thaksin being pardoned, he said he still believed a fugitive was entitled to clemency without having to serve time in jail.

Even though a classified report compiled by the Interior Ministry under Thaksin's rule said a fugitive could not be granted pardon, Chalerm insisted that this was not applicable to the former premier.

Past reviews on pardon and amnesty should be viewed on a case-by-case basis because no blanket standard can be applicable to every case, he said.

He reiterated that the 2007 and 2010 decrees on pardon did not specify that clemency was limited only to inmates, and blamed the previous Democrat-led government for putting the pardon petition on hold. He said the red-shirt movement had submitted a petition seeking Thaksin's pardon three years ago, but nothing had been done about it.

He reminded the Democrats that this government had not initiated the pardon review, but insisted that it would ensure that all legal principles are complied with when deciding its next move on the Thaksin case.

Chalerm also dismissed allegations that the government was following Thaksin's instructions to bring about his pardon.

Pheu Thai MP Apiwan Wiriyachai said he did not agree with the guilty verdict against Thaksin, adding that since the land deal had been cancelled, it should be the grounds for another judicial review and that the former PM should be acquitted as the deal never took place.

However, Thaworn said Apiwan was mixing up two separate judicial decisions. He explained that the high court had ruled to penalise Thaksin for conflict of interest and based on this decision, the lower court then cancelled the land deal. The deal collapsed with Thaksin's conviction and hence it was unjustified to use the subsequent decision to overturn the previous verdict, he said.

Rak Santi MP Purachai Piumsomboon said Thaksin had received an honorary doctorate on criminology and should be in a position to personally decide how he would face up to his legal wrangling. For instance, South African leader Nelson Mandela spent several years in jail in order to overcome his political adversity and become a great leader, he said.

The justice minister's secretary, Thirachai Wuthitham, said Thaworn had made misleading remarks when he claimed that only inmates could be entitled to a pardon.

Under Article 259 of the Criminal Procedural Code, convicts are allowed to seek royal clemency, Thirachai said, adding that this pardon process could also apply to convicts who are not in correctional facilities.

In addition, there is no law banning pardon for convicts, regardless of whether they serve the jail term, he said.

Thirachai said that granting a pardon was His Majesty's prerogative, adding that former attorney-general Komain Patarapirom had been granted a royal pardon following his suspended jail term.

Meanwhile, the 10-member committee appointed by Justice Minister Pracha Promnok to look into the red shirts' petition for Thaksin's royal pardon will meet this afternoon to set the framework of its mission, the panel's chairman Asst Prof Wuthisak Lapcharoensap said yesterday.

Wuthisak, who is rector of Ramkhamhaeng University's Faculty of Political Science, said the panel would study the Pracha's order to set up the committee and determine the scope of its work.

-- The Nation 2011-09-09

[patjem]

What a circus. The jugglers and clowns all do their tricks for you.....

[Siripon]

Every year on the King's birthday some prisoners are pardoned and gain early freedom.

2 categories of prisoner are denied the option of the pardon though- those convicted of drug or corruption offences.

[Moruya]

The snakes are running the zoo nowadays

[dominique355]

Considering Yingluck's promise that bringing home her brother Thaksin is not a priority, I wonder how fast the priority promises will be implemented.

Or maybe I just misunderstood the term "priority" .

Bringing home Thaksin not being a priority probably meant Bringing home Thaksin is the real and only goal of the government. Then step down and let him run he show.

[virtualtraveller]

Incredible how politicians here twist the interpretation of the law to their own dodgy logic to support the 'innocence' of someone so obviously dodgy. This is the old way in Thailand and they overlook the fact that a burgeoning educated middle class will not have the wool pulled over their eyes any longer, in the same way the poor will no longer let themselves be ignored.

Let the courts decide, and that is, a court not stacked with friends of the accused.

The thing about Chalerm and Thaksin is they have doctorates in Law and Criminology, yet us mere graduates can see that their PhDs are more about how to skirt the law than apply it in the spirit of justice.

[hammered]

The realpolitik of this is Chalerm sends the message to the establishment that Thaksin is coming home unfettered and we dont care what way: court, legislative amnesty or pardon. Ibviously the establishment don not want a certain option so which will they choose or will they force a political accident?

I have taken to asking every Thai person I know the simple question of do you think Thaksin is coming home. Last night a small bunch of PAD likers gave a resounding yes. People expect it now

Edited September 9, 2011 by hammered

[jayboy]

The realpolitik of this is Chalerm sends the message to the establishment that Thaksin is coming home unfettered and we dont care what way: court, legislative amnesty or pardon. Ibviously the establishment don not want a certain option so which will they choose or will they force a political accident?

I have taken to asking every Thai person I know the simple question of do you think Thaksin is coming home. Last night a small bunch of PAD likers gave a resounding yes. People expect it now

I have to say I'm surprised by the unseemly haste and I have been assuming up to now it doesn't make sense politically for the government.And yet...and yet.I do see that from Thaksin's viewpoint it makes sense to take action when the moment is propitious (Bismarck and his galloping horse again!).The forces lodged against him are on the backfoot at present and they can only become stronger as time passes.On the other hand I think it's almost impossible to underestimate the hatred the elite feels for Thaksin, and its inability to negotiate a compromise.So something really stupid could be orchestrated..a coup, a Benny Aquino incident, a nutty court ruling etc etc.

But I could be completely wrong and perhaps the deal was worked out a long time ago.

[rametindallas]

Mr. Chalerm is on a roll and batting 1.000. He is supremely confident as the acting P.M. (Sorry, all you Yingluck fans; she is just window dressing). Dr. Thaksin has been planning/ orchestrating this since he left for the Olympics in China. He knows the mistakes he made during his last administration and this time he will leave nothing to chance. If he comes back a free man, mark my words, Thailand will not have free and fair elections again. No more NGO's complaining, no more bad press, no more checks and balances. He was so close last time and this time he will not fail. I'm glad I'm not Thai and I'm glad I don't live in Thailand. Chalerm is a ____________! You fill in the blank.

[Thaddeus]

Every year on the King's birthday some prisoners are pardoned and gain early freedom.

2 categories of prisoner are denied the option of the pardon though- those convicted of drug or corruption offences.

Welease Woderwick.

(well, previous replies have included the words snake and circus)

[jayboy]

If he comes back a free man, mark my words, Thailand will not have free and fair elections again.

Why should Thaksin have a problem with free and fair elections since the parties he's associated with are able to win them so comfortably?

[webfact]

Justice Spokesman: Thaksin Not Required to Serve Jail Term to Request Amnesty

Citing Article 259 of the Criminal Procedure Act, the spokesman for the Justice Ministry says convicted former Prime Minister Thaksin Shinawatra is not required to serve his sentence before requesting a royal pardon.

Justice Ministry Spokesman Theerachai Wutthitham countered the remarks of Democrat MP for Songkhla Thaworn Senniam on the red-shirt group's signature campaign to seek a royal pardon for ousted former Prime Minister Thaksin Shinawatra.

He said the Democrat only mentioned certain legal provisions, which misled the public into believing the government is doing wrong.

Theerachai insisted the government and his ministry never intended to make the news as the process of a royal pardon request involves His Majesty the King's individual authority.

However, so far, there have been attempts to involve the royal institution in politics and to misrepresent the facts.

The ministry spokesman clarified that the consideration of a royal pardon is generally based on the principles of clemency, fairness, criminology, and penology.

There are three types of pardons – the first is the King grants a pardon himself; the second is the convicted makes a royal pardon request for the King's consideration; and the last is when the King gives a general pardon on a special occasion.

All of these are stipulated in Article 191 of the 2007 Constitution.

There are two options for a request for royal pardon to be made.

The first option is, according to Article 259 of Criminal Procedure Act, the convicted submits a request to the Justice Minister himself, as he or she may or may not be serving the sentence at the time of the request.

The other option refers to Article 260, which stipulates that the convicted who remains in prison may submit the request addressed to the Justice Minister through a warden or prison chief.

Meanwhile, Justice Minister Pracha Phromnok has appointed a team to investigate the facts behind the royal pardon campaign and whether it is conducted according to the law.

The team was also asked to make recommendations on the matter, including a guideline for officials whose duties are related to the royal pardon process.

The team is also given the authority to call in individuals for questioning

-- Tan Network 2011-09-09

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[Buchholz]

Justice Ministry Spokesman Theerachai Wutthitham countered the remarks of Democrat MP for Songkhla Thaworn Senniam on the red-shirt group's signature campaign to seek a royal pardon for ousted former Prime Minister Thaksin Shinawatra.

The first option is, according to Article 259 of Criminal Procedure Act, the convicted submits a request to the Justice Minister himself, as he or she may or may not be serving the sentence at the time of the request.

Everything written after the 2nd comma above, ("as he or she may or may not be serving the sentence at the time of the request"), is pure fabrication.

The Article doesn't say that all.

It states only what was written before the 2nd comma above.

.

[SICHONSTEVE]

"Pheu Thai MP Apiwan Wiriyachai said he did not agree with the guilty verdict against Thaksin, adding that since the land deal had been cancelled, it should be the grounds for another judicial review and that the former PM should be acquitted as the deal never took place".

OK!!!! So if a burglar breaks into a house, gets disturbed and escapes from the house only to be caught red-handed with a jemmy and leaving muddy footprints matching his shoes on the living room carpet then he is not guilty of an offence because he didn't steal anything!!!

Thaksin logic epitomised!!!:jap:

What a joker - just like all the red shirts and those red shirt supporters on this forum!!!!!!

[Buchholz]

"Pheu Thai MP Apiwan Wiriyachai said he did not agree with the guilty verdict against Thaksin, adding that since the land deal had been cancelled, it should be the grounds for another judicial review and that the former PM should be acquitted as the deal never took place".

OK!!!! So if a burglar breaks into a house, gets disturbed and escapes from the house only to be caught red-handed with a jemmy and leaving muddy footprints matching his shoes on the living room carpet then he is not guilty of an offence because he didn't steal anything!!!

Thaksin logic epitomised!!!:jap:

What a joker - just like all the red shirts and those red shirt supporters on this forum!!!!!!

Pheu Thai MP Apiwan is a Red Shirt Leader with a long history.

Check out how long he's been out on bail on his still-pending criminal case... in addition to his other more recent pending criminal cases.

His opinion on the guilt or innocence of any one else means absolute squat.

6 PTV Leaders Released on Bail

The Criminal Court releases the six detained PTV leaders on bail today from the Bangkok Remand Prison after they each posted 200,000 baht in cash as bond.

The Criminal Court granted bail to the six PTV leaders on Monday afternoon, including Weera Musikkapong, Jakkrapob Penkair, Jatuporn Prompan, Natthawut Saikua, Apiwan Wiriyachai and Wiputalaeng Pattanapumthai.

2007-08-06

[Insight]

If he comes back a free man, mark my words, Thailand will not have free and fair elections again.

Why should Thaksin have a problem with free and fair elections since the parties he's associated with are able to win them so comfortably?

Historically, people who go to the lengths Thaksin has gone through to obtain power never seem to keep hold of it legitimately. It's not as if "being legitimate" is something this man prides himself on so far.

And to many Thais the man is utterly unacceptable.

[SICHONSTEVE]

Considering Yingluck's promise that bringing home her brother Thaksin is not a priority, I wonder how fast the priority promises will be implemented.

Or maybe I just misunderstood the term "priority" .

Bringing home Thaksin not being a priority probably meant Bringing home Thaksin is the real and only goal of the government. Then step down and let him run he show.

Yingluck and the red shirts have done nothing but lie, lie, lie about everything before the election, and since they got elected purely on unimplementable promises. Deceit should be her middle name!!!!. Has there been ANY truth in her given objectives??? She should be ashamed of her blatant and unapologetic actions but I bet she isn't as she is a Shinawatra and this behaviour is natural and normal to this pathetic family that is the "enemy of Thailand and the Thai people".

Edited September 9, 2011 by SICHONSTEVE

[SICHONSTEVE]

If he comes back a free man, mark my words, Thailand will not have free and fair elections again.

Why should Thaksin have a problem with free and fair elections since the parties he's associated with are able to win them so comfortably?

Historically, people who go to the lengths Thaksin has gone through to obtain power never seem to keep hold of it legitimately. It's not as if "being legitimate" is something this man prides himself on so far.

And to many Thais the man is utterly unacceptable.

"And to many Thais the man is utterly unacceptable".

INCLUDING many red shirted people I hasten to add!!!!!:jap:

[SICHONSTEVE]

I think I am right in saying that "the king does not have to grant a pardon to anyone he deems unworthy of receiving one". As Thaksin clearly falls into this category then any recommendations as to this ludicrous pardon to a cowardly convict should be deposited in the garbage bin and discarded for his life-time!!!:jap:.

He should never be allowed back into the Kingdom as he is an undesirable and should be banished forever!!!

If anyone on TV thinks that I dislike Thaksin and EVERYTHING he stands for, intensely, then they are ABSOLUTELY right about this!!!

Edited September 9, 2011 by SICHONSTEVE

[scorecard]

What a circus. The jugglers and clowns all do their tricks for you.....

And what chalerm is saying is the law can / should be flexible according to who the main player is.

He should know, he's had experience with this before!

[Buchholz]

Justice Ministry Spokesman Theerachai Wutthitham countered the remarks of Democrat MP for Songkhla Thaworn Senniam on the red-shirt group's signature campaign to seek a royal pardon for ousted former Prime Minister Thaksin Shinawatra.

The first option is, according to Article 259 of Criminal Procedure Act, the convicted submits a request to the Justice Minister himself, as he or she may or may not be serving the sentence at the time of the request.

Everything written after the 2nd comma above, ("as he or she may or may not be serving the sentence at the time of the request"), is pure fabrication.

The Article doesn't say that all.

It states only what was written before the 2nd comma above.

.

It's a shame we can't hold Theerachai to the same standard...

Forum Rules

15) Not to use ThaiVisa.com to post any material which is knowingly or can be reasonably construed as false, *truncated*

[jayboy]

If he comes back a free man, mark my words, Thailand will not have free and fair elections again.

Why should Thaksin have a problem with free and fair elections since the parties he's associated with are able to win them so comfortably?

Historically, people who go to the lengths Thaksin has gone through to obtain power never seem to keep hold of it legitimately. It's not as if "being legitimate" is something this man prides himself on so far.

And to many Thais the man is utterly unacceptable.

I'm not sure that makes much sense.If one can win power legitimately why should one want it illegitimately? It's more of an issue for Thaksin's opponents with their coups, judicial interventions and failure to win popular support.

We know that many Thais find Thaksin unacceptable but that doesn't give them a veto power.In essence that's what the political struggle is about.

[rixalex]

If he comes back a free man, mark my words, Thailand will not have free and fair elections again.

Why should Thaksin have a problem with free and fair elections since the parties he's associated with are able to win them so comfortably?

That's a bit like, why should Thaksin get involved with corruption since he is already so rich?

Sometimes people do things just because they can.

[hyperdimension]

the former PM should be acquitted as the deal never took place.

That is technically incorrect. The deal took place and was later cancelled.

I thought Pheu Thai promised that they would not work for the benefit of any one person.

[pedro01]

I think I am right in saying that "the king does not have to grant a pardon to anyone he deems unworthy of receiving one". As Thaksin clearly falls into this category then any recommendations as to this ludicrous pardon to a cowardly convict should be deposited in the garbage bin and discarded for his life-time!!!:jap:.

You may of course be right. The King could grant or deny the pardon.

The problem is that this is in his hands at all.

If he doesn't grant a pardon, will we see red-shirt protesters coming out against the King?

My own concern is not what happens if the pardon is granted but what action the red shirts will take if it isn't granted.

[gl555]

To get a pardon, you first need accept responsibility and repent for your crimes. If Thaksin doesn't admit to any wrongdoing and serve at least a day in jail then how can a pardon be granted to someone who doesn't admit any wrongdoing?

[Insight]

I'm not sure that makes much sense.If one can win power legitimately why should one want it illegitimately? It's more of an issue for Thaksin's opponents with their coups, judicial interventions and failure to win popular support.

We know that many Thais find Thaksin unacceptable but that doesn't give them a veto power.In essence that's what the political struggle is about.

His path to power may be legitimate (and what's "legitimate" in Thai politics is a very grey area indeed, as the news shows us every day). His path to riches however, which enabled his path to power, certainly has its clouds.

You nail it when you say "struggle" though. This is going to be anything but a smooth transition.

[Insight]

INCLUDING many red shirted people I hasten to add!!!!!:jap:

It will be very interesting to see if a real anti-Thaksin faction of the red shirts emerges from all this...

[SICHONSTEVE]

To get a pardon, you first need accept responsibility and repent for your crimes. If Thaksin doesn't admit to any wrongdoing and serve at least a day in jail then how can a pardon be granted to someone who doesn't admit any wrongdoing?

I pointed this fact out on a different thread!!!