Pardon For Thaksin: Thai Govt Takes Dangerous Path

[webfact]

ANALYSIS

Govt takes dangerous path

Piyanart Srivalo

Techawat Sukrak

Tulsathit Taptim

A secret Cabinet meeting, shockingly missed by the PM, debates amnesty decree, seen as a ruse to secure a pardon for Thaksin while the country is plunged in battling its worst floods

Who says the timing was bad? With the Yingluck government's rating threatening to nosedive, will "later" be better than "now"? In other words, if you were the prime minister, being attacked left and right, the most controversial thing you wanted to pull off should probably be done while you still could.

And the floods would make it difficult to mobilise street protests. To add to that, there's a pressing deadline issue as well. His Majesty the King's birthday anniversary is only about three weeks away. It's now or never for Yingluck Shinawatra, or Thaksin Shinawatra to be exact.

What the Thai public know as of now is that there was a closed-door discussion on Tuesday among certain ministers and high-ranking officials. At that meeting, the government pushed for some special clauses for this year's amnesty to mark the King's birthday. Those clauses, which reportedly would qualify people convicted of corruption and drug trade for the amnesty, would mark a break from tradition and certainly would be scrutinised for possible violation of the charter.

What happened on Tuesday was mostly shrouded in mystery. The secret Cabinet meeting was not chaired by Yingluck, who happened to be "stranded" in Sing Buri because the helicopter that had taken her there during the day was allegedly not well-equipped to fly in the dark. Assigned to chair the Cabinet meeting on her behalf was Deputy Prime Minister Chalerm Yoobamrung, who happened to be the government's front man spearheading moves to seek amnesty for those affected by years of political turmoil.

The draft amnesty decree must be vetted by the Council of State, which faces the unenviable task of plugging any legal loophole, especially when it comes to the Constitution that prohibits making the laws for any individual. The Council of State also encounters the challenge of overcoming the highly sticky point about Thaksin never serving a single day of his two-year jail sentence.

"The pardon issue is confidential although I can say the government will not do anything illegally [to rescue Thaksin]," Chalerm said yesterday. He side-stepped a direct question on whether the Cabinet had approved and forwarded the draft decree for royal endorsement. He only said there was no conclusion drawn on the issue.

According to Chalerm, Yingluck did not plan in advance to be absent from the crucial Cabinet meeting, although her presence would have put her on the spot. Chalerm's claims were countered by still-unconfirmed reports that Government House had sought a "two-day" service of a military helicopter for her trip to Sing Buri.

Issuing the amnesty decree would be just clearing the first obstacle. Once the decree is in place, there will be the issue of how to put Thaksin in the scheme. To sum it up, the whole process involves the Justice Minister forming a panel, comprising more than 20 members, to recommend the scope and details of the pardon, the Cabinet finalising the draft, the Council of State vetting any controversial provisions, and last but not least, the government deciding who will be the 26,000 convicts who will benefit.

Chalerm declined to say whether the pardon would be applicable to Thaksin, although he lashed out at an unnamed Cabinet member for leaking the news about the secret meeting to the media. He said he was in no position to speculate on the issue because the granting of pardon was the exercise of royal power.

He said the government would comment on the decree only after the provisions were enacted and enforced. "The decree for pardon is not entirely under the government's jurisdiction and the final outcome might not be in line with what the government said at a time," he said.

Under the Criminal Procedural Code and legal precedents, past cases of pardon applied to convicts serving time in prison. The pro-Thaksin camp has argued there is no law banning the pardon from being extended to those who have been convicted but have eluded punishment. It will be up to the Council of State to make sure controversial provisions wanted by the Cabinet won't embarrass the government or become a legal time bomb later.

Justice Minister Pracha Promnok and a number of Cabinet members reportedly said they would await the royal discretion on whether to grant a pardon to Thaksin rather than force the royal decision on the issue. In the draft proposed by Pracha, those eligible for pardon would include convicts aged more than 60 with less than three-year jail term and no prior offence.

The Cabinet decided to delete certain clauses enforced in 2010 in order to extend the pardon to those convicted for drug trade and corruption.

Reports about the upcoming amnesty overshadowed the flood disaster, with opposition MPs, critics and anti-Thaksin elements in the social media in a major uproar. Demcrat Party leader Abhisit Vejjajiva said the opposition would not condone the hasty and suspicious move to help Thaksin elude the law. He and other opposition MPs warned that letting Thaksin walk free despite his continuous contempt for the Thai justice system that convicted him would set a destructive precedent. "A pardon should only be granted to those who are incarcerated and show remorse," Abhisit said, insisting that the government was about to undermine the rule of law by granting pardon to a convict like Thaksin who refuses to serve time or show remorse.

The opposition will do its utmost to object to the Thaksin pardon, he said, threatening to block every step of the pardon process.

Law lecturer Kaewsun Atibodhi said the government had seriously erred by trying to seek a pardon for Thaksin who is a fugitive. He said he was puzzled why the government would want to pardon convicts on corruption and trafficking, offences deemed Thailand's biggest problems even when Thaksin was PM. Pardon is an issue under the sole jurisdiction of the government, he said, reminding Cabinet members they might face impeachment even though the judicial and legislative powers could not stop them from pardoning Thaksin.

-- The Nation 2011-11-17

[sparebox2]

I rather let all others murderers and rapist in Thailand walk free than to see this man return to Thailand.

After all those money he stole from us Thais.

[hedonist44]

"The pro-Thaksin camp has argued there is no law banning the pardon from being extended to those who have been convicted but have eluded punishment."

Quote:

I'm at a loss for words.....

[toenail]

Sadly this proves that "Ying-bad-luck" is not a strong,indepedent woman but IS being a puppet to her brother Thaksin; for, what other person of good moral values and ethics would allow this to happen, especially now when the Thais are taking a beating with mother-nature?

[moskito]

I rather let all others murderers and rapist in Thailand walk free than to see this man return to Thailand.

After all those money he stole from us Thais.

OK, I understand, BUT... maybe you will enlighten us which former PM or other politican hasnt steel any money from Thaipeople?

What hast changed in the years with Khun Abhisit? are there free shools? Free health care for Thais? (visit an Emergency room at 2 o clock in the morning, where 1 24year old woman doc is playing with her telephone instead taking care for the 30 (Phuket) older and younger patients waiting for a doc )

We all know Khun Thaksin is not the best solution for Thailand but he is by far not the worst!

[bdenner]

Ya gotta wonder, has does Thaskin have his sister so brainwashed that she will spend this much time and energy committing political suicide rather than focus on more pressing issues?

[Reasonableman]

abscondverb escape, flee, get away, bolt, fly, disappear, skip, run off, slip away, clear out, flit (informal), make off, break free or out, decamp, hook it (slang), do a runner (slang), steal away, sneak away, do a bunk (Brit. slang), fly the coop (U.S. & Canad. informal),skedaddle (informal), take a powder (U.S. & Canad. slang), go on the lam (U.S. & Canad. slang), make your getaway, make or effect your escape

absquatulate - run away; usually includes taking something or somebody along; "The thief made off with our silver"; "the accountant absconded with the cash from the safe"<

Edited November 17, 2011 by Reasonableman

[GeorgeO]

Unbelievable ... this could mark the start of a very dark era for Thailand

[gregb]

I rather let all others murderers and rapist in Thailand walk free than to see this man return to Thailand.

After all those money he stole from us Thais.

OK, I understand, BUT... maybe you will enlighten us which former PM or other politican hasnt steel any money from Thaipeople?

What hast changed in the years with Khun Abhisit? are there free shools? Free health care for Thais? (visit an Emergency room at 2 o clock in the morning, where 1 24year old woman doc is playing with her telephone instead taking care for the 30 (Phuket) older and younger patients waiting for a doc )

We all know Khun Thaksin is not the best solution for Thailand but he is by far not the worst!

Your personal opinion, and it is not an informed one. I have met the man, and been wronged by him. All politicians are corrupt, but I have never met any other government official as malevolent as Thaksin, nor anyone who is so impossible to negotiate with. Words and people mean nothing to him. He will tell you whatever you want to hear, and then commit whatever scandalous, hideous atrocity benefits him the most completely disregarding anything he said and even denying he said it. His public persona is simply an extension of who he really is. Nobody can effectively work with him except those who venerate him and defer to him completely. He is a dictator by virtue of his character because he defers to nobody. I am not a psychiatrist, but I would not be surprised if someone told me he was a sociopath.

Yes, he is absolutely the worst solution for Thailand. Give him time and he will become Hitler. He is a demagogue and extremely dangerous. He must be resisted at all costs.

[kevbap]

I personally like Mr. Thaksin, it was under his leadership Thailand looked to be going forward with a lot of farangs ploughing money into Thailand, i know for a fact the tourism industry went through a 'Boom' time whilst he was in power and i was never short of work here (i work within the travel and tourism industry) but now for the past 3/4 years i have struggled to find any work, and tourism no matter which figures you read, is definitely down and i mean way down !

So Thaksin was slightly corrupt....erm excuse me, but which government is not? Someone on TV.com quoted 'he stole the Thai's money' isn't that what all governments do?

I for one look forward to his return to his beloved country, it wasn't so long ago he returned to an absolute heroes welcome with the media and the people cheering him as he walked out of the airport? it was live on most tv channels here as well.

Good luck Thailand **Comments removed**

Edited November 17, 2011 by metisdead

[glegolo]

They hade a secret meeting without Yinglack.... she "missed it" and her ride the helicopter was not equipped to fly in the dark (???)... How lucky was that?????

No guys... this is just another scen created to take back Thaksin, and the best way of doing it is to exclude Yinglack from the meeting of course..... Nobody can now say they she was the one created this meting for this sole purpose, Thaksin is soon back here. the biggest criminal in Thailands history!!!

uaiiiihhhhh!!!!!

[gregb]

I personally like Mr. Thaksin, it was under his leadership Thailand looked to be going forward with a lot of farangs ploughing money into Thailand, i know for a fact the tourism industry went through a 'Boom' time whilst he was in power and i was never short of work here (i work within the travel and tourism industry) but now for the past 3/4 years i have struggled to find any work, and tourism no matter which figures you read, is definitely down and i mean way down !

So Thaksin was slightly corrupt....erm excuse me, but which government is not? Someone on TV.com quoted 'he stole the Thai's money' isn't that what all governments do?

I for one look forward to his return to his beloved country, it wasn't so long ago he returned to an absolute heroes welcome with the media and the people cheering him as he walked out of the airport? it was live on most tv channels here as well.

Good luck Thailand & Long Live his majesty the King of THailand

Many people liked Hitler too, and Thaksin's evil goes far beyond being slightly corrupt. If you actually like him it is only because you don't know who and what he truly is. I urge you to reconsider your position.

[Samuian]

"The pro-Thaksin camp has argued there is no law banning the pardon from being extended to those who have been convicted but have eluded punishment."

Quote:

I'm at a loss for words.....

Shrewd at least!

One get's a little glimpse of how much those at the helm right now really care for this country, the lawenforcement, the constitution and it's people... wonderful - TiT!

[MikeyIdea]

I hope the world see the moral at work here

Pardon a convicted criminal who hasn't even started to serve his sentence

[skorchio]

Only this week I was thinking why is Thaksin so silent during a period of such distress for Thailand. If he is so concerned over the welfare of Thais, why the silence? Well it is clear now that he has been staying under the radar as he is cooking his plans for his own benefit, and using the national distraction of the crisis to re-enter via the back door. This is as low as he has ever gone. I find it disgusting, up there with the Americans bombing their own embassies abroad during Clinton sex scandal. Thais need to react strongly to this, and ensure it goes no further and also need to discredit the Govt for allowing this to happen. You are living in misery and see how they rub your noses in it? This is disgusting behaviour.

[ThaiOats]

Funny for those who support this government. They're treating you like dummies who'd believe anything they say ie: Yingluck couldn't attend the secret meeting because the helicopter wasn't equipped to fly at night. I'm surprised people don't come into realization yet that it's not the Democrats or anyone on this site who's insulting their intelligence, but rather the very people they support.

[Xonax]

Unbelievable ... this could mark the start of a very dark era for Thailand

The start of this new dark era for Thailand started already, when the majority of people voted Pheua Thai party to form the government. Unfortunately democracy always has a bad side.

The only way to save Thailand is to fight corruption with all means. The politicians, government officials and police are all corrupt and greedy, so a special corruption force would have to be formed. But as all politicians (maybe except one) are corrupt, it is hard to see, how Thailand will ever get a government, who are willing to fight corruption. Abhisit claimed to be willing to fight corruption, but could not do it alone. The poor people, the voters for the Pheua Thai party, do not understand, that when they don´t mind politicians being corrupt, they will never get at better life. Fighting corruption is the only way to get a better life for these people, as corruption basicly is rich people stealing loads of money, that could have been used for benefit of the poor people.

Edited November 17, 2011 by Xonax

[wans]

what did people expect? thats what they were voting for, if they couldnt see that maybe they will now but Im sure most could. it was a forgone conclusion. what happens next will be the fun part

Edited November 17, 2011 by wans

[BOBBYTIN]

I rather let all others murderers and rapist in Thailand walk free than to see this man return to Thailand.

After all those money he stole from us Thais.

OK, I understand, BUT... maybe you will enlighten us which former PM or other politican hasnt steel any money from Thaipeople?

What hast changed in the years with Khun Abhisit? are there free shools? Free health care for Thais? (visit an Emergency room at 2 o clock in the morning, where 1 24year old woman doc is playing with her telephone instead taking care for the 30 (Phuket) older and younger patients waiting for a doc )

We all know Khun Thaksin is not the best solution for Thailand but he is by far not the worst!

chuan leekpai,lived in a modest house in trang,

[AleG]

Ya gotta wonder, has does Thaskin have his sister so brainwashed that she will spend this much time and energy committing political suicide rather than focus on more pressing issues?

Why would she mind ruining her political career? She doesn't have one at all!

The sooner she gets over with being Big Brothers puppet and moves on to some other cushy, do nothing head position in another of her brothers companies, raking in millions and away from the public, the better.

[Trentham]

I personally like Mr. Thaksin, it was under his leadership Thailand looked to be going forward with a lot of farangs ploughing money into Thailand, i know for a fact the tourism industry went through a 'Boom' time whilst he was in power and i was never short of work here (i work within the travel and tourism industry) but now for the past 3/4 years i have struggled to find any work, and tourism no matter which figures you read, is definitely down and i mean way down !

So Thaksin was slightly corrupt....erm excuse me, but which government is not? Someone on TV.com quoted 'he stole the Thai's money' isn't that what all governments do?

I for one look forward to his return to his beloved country, it wasn't so long ago he returned to an absolute heroes welcome with the media and the people cheering him as he walked out of the airport? it was live on most tv channels here as well.

Good luck Thailand **Comments removed**

Who are you, for God's sake???

[Sateev]

Only this week I was thinking why is Thaksin so silent during a period of such distress for Thailand. If he is so concerned over the welfare of Thais, why the silence? Well it is clear now that he has been staying under the radar as he is cooking his plans for his own benefit, and using the national distraction of the crisis to re-enter via the back door. This is as low as he has ever gone. I find it disgusting, up there with the Americans bombing their own embassies abroad during Clinton sex scandal. Thais need to react strongly to this, and ensure it goes no further and also need to discredit the Govt for allowing this to happen. You are living in misery and see how they rub your noses in it? This is disgusting behaviour.

I, too, find it disgusting. Nearly as much so as morons making unfounded accusations (off-topic accusations, I might add) about Americans bombing their own.

Grow up, stop blaming the US for whatever failures you have incurred, and stay on topic.

[MunterHunter]

There will be blood on the streets before this is finished... mark my words!

[hellodolly]

I personally like Mr. Thaksin, it was under his leadership Thailand looked to be going forward with a lot of farangs ploughing money into Thailand, i know for a fact the tourism industry went through a 'Boom' time whilst he was in power and i was never short of work here (i work within the travel and tourism industry) but now for the past 3/4 years i have struggled to find any work, and tourism no matter which figures you read, is definitely down and i mean way down !

So Thaksin was slightly corrupt....erm excuse me, but which government is not? Someone on TV.com quoted 'he stole the Thai's money' isn't that what all governments do?

I for one look forward to his return to his beloved country, it wasn't so long ago he returned to an absolute heroes welcome with the media and the people cheering him as he walked out of the airport? it was live on most tv channels here as well.

Good luck Thailand **Comments removed**

What a load of crap.

The whole world was doing good then..

I suppose you want to give him credit for that to.

The whole world is not doing good now.

I suppose you want to say that is because Thaksin is not the PM of Thailand.

[pattayaorganic]

Unbelievable ... this could mark the start of a very dark era for Thailand

What did you expect??? Surprised? I think not.

I just hope the opposition does not just say, OK, time for another coup.

It is best for Thailand that legal protests are organized, a grass roots movement started so that either by parliamentary process or by general election, this administration is brought down legally and democratically.

[IMA_FARANG]

To be quite honest about it, I don't really care if Thaksin returns or not.

As far as I am concerned all Thai politicians are crooks and theives anyhow...whether one or another one is the biggest thief or crook is immaterial.

As a farang...it really doesn't matter to me who is the head crook.

All I really want to know is if we can look forward to the excitement of a military coup, street riots, or such events in the next three months or so.

Edited November 17, 2011 by IMA_FARANG

[MikeyIdea]

Unbelievable ... this could mark the start of a very dark era for Thailand

The start of this new dark era for Thailand started already, when the majority of people voted Pheua Thai party to form the government. Unfortunately democracy always has a bad side.

The only way to save Thailand is to fight corruption with all means. The politicians, government officials and police are all corrupt and greedy, so a special corruption force would have to be formed. But as all politicians (maybe except one) are corrupt, it is hard to see, how Thailand will ever get a government, who are willing to fight corruption. Abhisit claimed to be willing to fight corruption, but could not do it alone. The poor people, the voters for the Pheua Thai party, do not understand, that when they don´t mind politicians being corrupt, they will never get at better life. Fighting corruption is the only way to get a better life for these people, as corruption basicly is rich people stealing loads of money, that could have been used for benefit of the poor people.

A dark era it is but fighting corruption is not the most important thing to tackle, EDUCATION is

The biggest problem Thailand has is that the middle-class is running away from the working class

[Longtooth]

I hope the world see the moral at work here

Pardon a convicted criminal who hasn't even started to serve his sentence

What would happen if a fugitive who would be pardoned under the Royal Pardon if he or she were actually residing in a Thai slammer, returned a couple of days before His Majesty's Birthday

(or whenever the Royal Pardon would actually be enacted), served a day or two, and then became eligible for pardon under the decree? Just a legalistic, hypothetical question.

[ratcatcher]

I personally like Mr. Thaksin, it was under his leadership Thailand looked to be going forward with a lot of farangs ploughing money into Thailand, i know for a fact the tourism industry went through a 'Boom' time whilst he was in power and i was never short of work here (i work within the travel and tourism industry) but now for the past 3/4 years i have struggled to find any work, and tourism no matter which figures you read, is definitely down and i mean way down !

So Thaksin was slightly corrupt....erm excuse me, but which government is not? Someone on TV.com quoted 'he stole the Thai's money' isn't that what all governments do?

I for one look forward to his return to his beloved country, it wasn't so long ago he returned to an absolute heroes welcome with the media and the people cheering him as he walked out of the airport? it was live on most tv channels here as well.

Good luck Thailand **Comments removed**

Are all Shrewsbury fans as naive?

[MikeyIdea]

I hope the world see the moral at work here

Pardon a convicted criminal who hasn't even started to serve his sentence

What would happen if a fugitive who would be pardoned under the Royal Pardon if he or she were actually residing in a Thai slammer, returned a couple of days before His Majesty's Birthday

(or whenever the Royal Pardon would actually be enacted), served a day or two, and then became eligible for pardon under the decree? Just a legalistic, hypothetical question.

He would not be pardoned of course, unless he has powerful friends or lot's of money

Edited November 17, 2011 by MikeyIdea