Reconciliation For Thailand Or Just Thaksin And Sonthi?

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THAI TALK

Reconciliation for Thailand or just Thaksin and Sonthi?

Suthichai Yoon

The Nation

BANGKOK: -- It's officially called the "Reconciliation Bill" and it's supposed to offer amnesty to all parties concerned in the political conflicts that have affected the country over the past seven years. But it's hard not to be cynical about it when it's being rushed through Parliament in such a hurry.

The fact that the bill is being proposed by former coup-maker General Sonthi Boonyaratglin, now leader of the Matipoom Party, makes it even more controversial. Is he doing this to free himself of past guilt and also to clear former premier Thaksin Shinawatra in one sweep? How can anyone explain the growing suspicion that Sonthi, who ousted Thaksin in the 2006 coup, alleging some serious offences, is now trying to curry favour with his ex-arch enemy?

The opposition Democrat Party is obviously sceptical about the whole exercise, pointing to collusion between the ruling Pheu Thai Party and General Sonthi. There is, they claim, no need for the bill to be submitted to the House for today's debate. It should wait for the next parliamentary session, to allow a more comprehensive review.

Even within the ruling party, opinions are split. One faction wants to delay the debate so the government can clear the air with red-shirt members who have reservations about Thaksin's statement in his latest video link that he's patching things up with the military and other elements in Thai society so that he can come home. Thaksin insisted the bill would benefit the red shirts, yellow shirts and multicoloured shirts alike.

Another faction within Pheu Thai argues that it doesn't matter when the bill is submitted to Parliament since resistance from certain quarters will be inevitable anyway. So why wait? These MPs want the bill to be debated as soon as the 2013 Budget Bill is given its first reading - and before constitutional amendments are approved in the House in their third and final reading on June 5.

Key points of the National Reconciliation Bill:

Article 3: Any conduct related to political assembly or expression of political opinions between September 15, 2005, and May 10, 2011, that were deemed illegal will no longer be illegal and the wrongdoers will be freed from responsibility for their misconduct.

The term "misconduct" includes:

1. Misconduct caused by political assembly or expression of political opinion, including violation of the law prohibiting anti-government gatherings, statements or advertisements, or disobedience of government officials, as well as protests that affect other people physically or their assets.

2. Any conduct by government officials or anybody involved in the prevention or suppression of political assembly, expression of political opinions or any related conduct.

Article 4: Once this law is put into force, investigation and legal action against any person as per Article 3 must be stopped. If the case is in court, then the court must dismiss it. If the person is already convicted, then the person must be deemed as never having been convicted. If the person has been serving a penalty, then the penalty must end and the person released.

Article 5: People affected by the conduct or operation of an organisation or group of people appointed under orders of the Council for National Security, or the council's chairman, which seized power on September 19, 2006, will not be considered suspects or wrongdoers. The statement in Article 4 shall be applied and all related organisations will treat the people according to the rule of law.

Article 6: The revocation of the voting rights of former executives of a dissolved political party will be ended and those persons will be deemed as those whose voting rights had never been revoked, once this law is effective.

Article 7: Any conduct according to this law will not be considered as a reason to end one's right to take civil action and seek compensation for any damages caused by people whose penalty has been lifted as per this law.

In specific terms, Pheu Thai MPs have interpreted the clauses to mean that Thaksin would be given a retrial and the two-year jail term handed down earlier by the court would be nullified. As well, coup leader Sonthi would be absolved from any guilt for overthrowing the Thaksin government.

Is that, in fact, the "real" reconciliation story? Can history really be rewritten in one fell swoop, just like that?

-- The Nation 2012-05-31

[moe666]

Since the killing of 90 some people will not be illigal with the passing of this bill no need to pay out huge sums of money.

[JohnAllan]

"Article 3: Any conduct related to political assembly or expression of political opinions between September 15, 2005, and May 10, 2011, that were deemed illegal will no longer be illegal and the wrongdoers will be freed from responsibility for their misconduct."

At what point does something deemed illegal - usually because there is a law stating that to be the case - become unillegal? Especially when the illegal conduct still recognises wrongdoers and misconduct.

And presumably the same illegal conduct will continue to be amended to unillegal for the foreseeable future? Unless they p . . s off the government.

[ramrod711]

Sonthi has become the "go to guy" when one is discussing CYA changes to Thai law and the constitution.