Thai Charter Rewrite Should Not Grant Amnesty To Convicts: Democrats

[webfact]

Charter rewrite should not grant amnesty to convicts: Democrats

Kornchanok Rksaseri

The Nation

BANGKOK: -- The Democrats yesterday proposed that the Constitution amendment ensure there will be no amnesty for convicted criminals and there will be no change in the authority of the courts and constitutional independent organisations.

They also wanted to extend the time frame for the charter-drafting by the Constitution Drafting Assembly from 240 days to about one year.

"I propose a 360-day deadline so that there is time for the charter drafters to listen to the people's opinions. If the CDA can finish preparing the draft before the time, that's fine. But if not, we will waste billions of baht," Nipon Boonyamanee said.

The charter amendment draft says the CDA's term ends if it cannot finish writing the charter in time.

The parliamentary ad hoc panel led by Pheu Thai MP Samart Kaewmeechai had extended the duration from 180 days as in the government's draft to 240 days after the next day of the CDA's first meeting.

On the 11th day of the second reading of amendment to the charter stating establishment of the Constitution Drafting Assembly yesterday, the House-Senate joint meeting considered Article 291/11 which states various conditions and requirements for the CDA in drafting the new charter.

Many MPs wanted a clarification on whether the draft includes requirement of public hearing "in all regions" and whether it says the CDA can use any previous constitution as a model for the new charter.

Samart yesterday said the word "in all regions" is already suitable because it allows flexibility for the practice according to time and budget.

Democrat MP Wiratana Kalayasiri said a national referendum should be held both before the charter-drafting process begins - to see whether people want to change the charter and on what issues - and after the draft is finished.

The Parliament's ad hoc panel on the charter-amendment draft prohibits changing the political system from constitutional monarchy, the form of the state and the chapter on the monarchy in the new charter.

Wiratana proposed that the prohibition should also be widened to ensure there is no dilution in the power of the courts and independent agencies.

"There must be no amnesty for anyone convicted guilty of crime no matter at what stage the case proceedings," Wiratana said. Besides, he proposed that the new charter must not have any clause to whitewash convicted criminals in the cases already ruled by courts.

Although he did not mention any names of convicted people and suspects, Wiratana raised the legal cases against fugitive former premier Thaksin Shinawatra and the red shirts as examples.

Samart said setting too many conditions for the CDA could unnecessarily instigate disagreement in society.

"The CDA works under the scrutiny of the public, the media and society. Writing anything that would have a negative effect on existing agencies that are efficient would be impossible. If [the CDA] does that, you know the new charter draft needs to pass a national referendum, it won't make it," Samart said.

Article 291/11 gives immunity to the CDA to continue its work even though the House of Representatives is dissolved or reaches the end of its term. However, MP Warong Dechgitvikrom said the CDA's legitimacy also ends in that case.

During yesterday's debate, government MPs protested from time to time, saying the speakers were uttering redundant words or not speaking to the point.

The atmosphere became serious when Pheu Thai MP Prasit Chaisisa used the initial of Warong, who is a doctor or 'mor' in Thai, as 'ma' which means dog, saying that is what Warong is called in Prasit's constituency.

General Teeradej Meepien, the Senate speaker and chairman of the meeting, told Prasit to withdraw his remarks.

The Parliament on Wednesday passed the second reading of four articles, Articles 291/7-10, of the charter-change draft. They stated the status, allowance and benefits for the CDA members.

-- The Nation 2012-05-04

[drdoom6996]

AGREED-- No government should

[tragickingdom]

No there will be a separate law rubber-stamped by parliament as under the democrats granting coup makers amnesty If rapists of the democracy gets an amnesty and if people who set up live firing zones and who shoot on unarmed protestors get amnesty others can get too. Even better, cancel all amnesty laws so we can prosecute coup takers back to the times of Prem.

[rixalex]

No there will be a separate law rubber-stamped by parliament as under the democrats granting coup makers amnesty If rapists of the democracy gets an amnesty and if people who set up live firing zones and who shoot on unarmed protestors get amnesty others can get too. Even better, cancel all amnesty laws so we can prosecute coup takers back to the times of Prem.

Since Sondhi has started cosying up with PTP, i think the chance of the "coup takers" facing any punishment has become even slimmer. More likely that it will simply be used as a bargaining chip: whitewash Thaksin and we will forget about your "misdemeanours". One should remember that Thaksin himself has been happy to do deals with "coup takers" in the past - and done very well out of them - so he is not fundamentally opposed to them, nor indeed is he opposed to them on principle... just opposed to them when they happen to adversely affect him.

[renaissanc]

I wish Thaksin happiness, but he has a lot of negative karma coming his way. No one escapes it.

[whybother]

No there will be a separate law rubber-stamped by parliament as under the democrats granting coup makers amnesty If rapists of the democracy gets an amnesty and if people who set up live firing zones and who shoot on unarmed protestors get amnesty others can get too. Even better, cancel all amnesty laws so we can prosecute coup takers back to the times of Prem.

You really should stop making things up.

[ratcatcher]

No there will be a separate law rubber-stamped by parliament as under the democrats granting coup makers amnesty If rapists of the democracy gets an amnesty and if people who set up live firing zones and who shoot on unarmed protestors get amnesty others can get too. Even better, cancel all amnesty laws so we can prosecute coup takers back to the times of Prem.

Since Sondhi has started cosying up with PTP, i think the chance of the "coup takers" facing any punishment has become even slimmer. More likely that it will simply be used as a bargaining chip: whitewash Thaksin and we will forget about your "misdemeanours". One should remember that Thaksin himself has been happy to do deals with "coup takers" in the past - and done very well out of them - so he is not fundamentally opposed to them, nor indeed is he opposed to them on principle... just opposed to them when they happen to adversely affect him.

In nature it is referred to as a nest of vipers or a snake pit.

[bigbamboo]

But that's why the government want the charter re written in the first place!

[tukkytuktuk]

Durrrh! So they can bring home Thaksin who is sick of Dubai shopping malls, Montenegrian beach cafes and the arndale centre in Manchester.

[metisdead]

A nonsense post has been removed.

[rubl]

No there will be a separate law rubber-stamped by parliament as under the democrats granting coup makers amnesty If rapists of the democracy gets an amnesty and if people who set up live firing zones and who shoot on unarmed protestors get amnesty others can get too. Even better, cancel all amnesty laws so we can prosecute coup takers back to the times of Prem.

A misconception which needs correction I think:

The '2006 coup makers granting amnesty' was incorporated into the 2007 constitution which was put in a countrywide referendum and adopted under the PM Surayut government. That government was appointed by the Junta.

After the December 2007 elections we had PM Samak, PM Somchai, PM Abhisit and now PM Yingluck and none of those governments have seen fit to cancel this amnesty. Moreover the current government seems bent on amnesty and has the co-operation of 2006 coupleader Gen. Sonthi.

The remarks on the 2010 May riots I'll ignore as not related to the current topic. There are more than enough topics where that not only can be discussed ad nauseam and is done as well.

Edited May 4, 2012 by rubl

[hellodolly]

No there will be a separate law rubber-stamped by parliament as under the democrats granting coup makers amnesty If rapists of the democracy gets an amnesty and if people who set up live firing zones and who shoot on unarmed protestors get amnesty others can get too. Even better, cancel all amnesty laws so we can prosecute coup takers back to the times of Prem.

As usual you are confused it was the red shirts who set up the live firing zone and they were armed. Are you Calgaryll's twin?

[hellodolly]

Durrrh! So they can bring home Thaksin who is sick of Dubai shopping malls, Montenegrian beach cafes and the arndale centre in Manchester.

Are you insinuating he is wanting to come home to Thailand where he can enjoy the tempting offers of Pattaya?

[waza]

I believe there should be no amnesty for anyone. All accused people should face justice and be judged by the rule of law. Its the only way to discover the truth and to remove the morally bankrupt from positions of influence. Reconcilliantion through arbitration I say, not amnesty through blackmail.

[Roadman]

No there will be a separate law rubber-stamped by parliament as under the democrats granting coup makers amnesty If rapists of the democracy gets an amnesty and if people who set up live firing zones and who shoot on unarmed protestors get amnesty others can get too. Even better, cancel all amnesty laws so we can prosecute coup takers back to the times of Prem.

A nonsense post has been removed.

No, its still there.