Repeal the law on terror, says TRCT

The Nation on Sunday

BANGKOK:-- Commission criticises Thaksin govt for issuing a law that flouted democratic and legal norms

The Truth for Reconciliation Commission of Thailand (TRCT) has proposed repealing the terrorism law to pave the way for reconciliation and peace in the country.

TRCT chairman Kanit na Nakorn has sent the panel's latest report and proposal to the prime minister and the speakers of the Senate and House of Representatives. The TRCT argued that the law, issued during the tenure of Thaksin Shinawatra's government as a decree, was not based on the principles of democracy and law, or the rule of law.

The panel called on the government, Parliament, and the Opposition to ensure that the law is repealed so that justice can be restored and possible violence prevented. It suggested that if necessary, a new law on terrorism could be issued in the future, in a more careful and proper way.

"The legislature and the parties involved [in issuing such a law] must be more careful. The mistake in the past should be treated as a lesson," the TRCT said in its report, a copy of which was obtained by The Nation.

The panel said that the provision on terrorism was added to the Penal Code when Thaksin was prime minister. The legal amendment was done through an executive decree, and not through Parliament. The TRCT described that action as the Thaksin government's lack of respect for the minority in Parliament.

It also noted that when it issued the decree about terrorism, the Thaksin government certainly did not expect a severe political conflict to happen in Thailand.

The panel said repeal of the terrorism law was needed to ensure "transitional justice" and "restorative justice" to pave the way for national reconciliation and peace.

"The TRCT would like to ask the government, Parliament, the Opposition, and all political groups in Parliament to show political courage by jointly proposing an amendment to the Penal Code so as to repeal the terrorism provision. The country will then return to a good beginning," the report said.

It said that with the terrorism provision repealed, the charges against defendants in the terrorism-related cases would be dropped. People who allegedly committed criminal offences would be charged accordingly.

The report said in the many terrorism cases that were brought to court, blanket allegations were made with the relevant officials lacking a proper understanding of the terrorism offence.

Kanit's panel encouraged the government to apologise to the public for the mistakes committed by the Thaksin government in issuing the law without sufficient study and without going through the proper parliamentary process.

It also called on the different political groups to join hands in showing to the public that they are sincere in solving the country's problems with the national interest - and not personal benefit - as their ultimate goal.

"This is the way to overcome the conflict and lead the country towards peace," it said.

The TRCT was set up by the government of Abhisit Vejjajiva following the political unrest and riots in 2010.

Kanit, a former attorney-general, was a co-founder of the Thai Rak Thai Party along with then businessman-turned-politician Thaksin. Kanit later left the party, which was disbanded after a court order for electoral fraud after the 2006 coup that overthrew the Thaksin government.

-- The Nation 2012-05-13

"Hoist by their own petard" comes to mind.

Now lets have a new law is the call. Anybody see the word "retrospective"? Oh no, it's "People who allegedly committed criminal offences would be charged accordingly." Criminal association comes to memory, or something else minor with a definite SOL application, so that those rewarded with MP status can skate.

I have absolutely no idea what any of OzMick's posting might mean, but have to say the article itself seems for once to come from a quite balanced and reasonable POV.

Anything that can be done to reduce the increase in divisiveness in Thail politics over the past five years has to be a good thing for the country as a whole.

Unfortunately few in either camp seem to consider that as important as scoring points for their side.

Unfortunately, I don't think that Yingluck (will be told to) pay any more attention to these recommendations than Abhisit did.

I have absolutely no idea what any of OzMick's posting might mean, but have to say the article itself seems for once to come from a quite balanced and reasonable POV.

Anything that can be done to reduce the increase in divisiveness in Thail politics over the past five years has to be a good thing for the country as a whole.

Unfortunately few in either camp seem to consider that as important as scoring points for their side.

I shall try to explain in words of one syllable or less.

Quite a few PTP MPs are facing terrorism charges on a law instigated by the same person who instigated their terrorism. Hence "hoist....etc". Try Google.

It is suggested that a new law replace the old and more fitting charges laid. In the past, we have seen serious criminal charges reduced to a charge of "criminal association" which has a very low penalty.

The reason that these persons are currently not facing charges is that they were repaid for the criminal acts with a party list seat, and their immunity delays court action. By reducing the charges to a lesser with a Statute of Limitations, they can delay until it applies and never face a court for their actions.

You might call it point scoring. I believe the deaths of 91 people require ALL those involved to face a court and explain their actions, and then innocence or guilt and punishment decided. That seems fairer to me than allowing those who became millionaires leading people to their death a free pass, which is what they are getting from the current government who certainly doesn't want to have to explain their part in those proceedings.

Now sure how it is worded but it should have a special section and more severe punishment for the people who pay for the terrorism.