Former Thai Parliament President Ukrit: Give Amnesty To Coup-Makers, Political Prisoners

[webfact]

Ukrit: Give amnesty to coup-makers, political prisoners

THE NATION

BANGKOK: -- Former Parliament president Ukrit Mongkolnavin has recommended amnesty for the 2006 coup-makers and for political prisoners once a section of the Constitution that relates to them is changed, in order to create an atmosphere of reconciliation.

Rewriting the entire 2007 Constitution would result in the automatic cancellation of Article 309, which is the provision protecting the 2006 coup-makers. Therefore, amnesty should be given to them and to political prisoners, while the criminal justice process should go on, he said.

Ukrit, who was Parliament president ex-officio and is now chairman of the government-appointed Independent National Rule of Law Commission, |issued a statement saying the amendment of the 2007 Constitution is necessary as the charter was not linked to the people, who are the holders of political power.

A national referendum on whether a wholesale rewrite of the charter is necessary should also be held, he said. However, the third reading of the draft amendment to Article 291, which is now in the Parliament, should be dropped, he said.

Ukrit last week proposed that the new charter be based on the 1974 constitution.

Prime Minister Yingluck Shinawatra declined to discuss the government's stance on how to change the charter.

"Regarding the third reading [of the charter-amendment |bill] in Parliament, many |sides have asked about the government's stance; I am also waiting to hear. All the mechanisms must be resolved in Parliament. At the same time, we have to listen to the ruling of the Constitution Court. We haven't received it [as of] today, so we have to see that first and let the legal experts interpret it clearly," she said.

Pheu Thai party-list MP Watana Muangsook said yesterday that a national referendum is a choice being considered by the party, adding that changing the charter on an article-by-article basis is another option. There are only seven key issues that need changing - lawmakers would not have to amend all 300 or so articles of the Constitution, the MP said.

He said the issues are: checks and balances on the judicial branch; Article 67, which currently puts communities' interests over the public interest; Article 190, which requires parliamentary consideration before the government makes an agreement with a foreign country; Article 237 on political party dissolutions; the subjecting of independent agencies to scrutiny; the election of senators; and Article 309, which legitimises the coup-makers.

-- The Nation 2012-07-25

[Reasonableman]

Excerpts from an unofficial translation of the 2007 Constitution

http://www.asianlii....nst/2007/1.html

• checks and balances on the judicial branch (Section(s)?)
  

• Section 67. The right of a person to participate with State and communities in the preservation and exploitation of natural resources and biological diversity and in the protection, promotion and conservation of the quality of the environment for usual and consistent survival in the environment which is not hazardous to his health and sanitary condition, welfare or quality of life, shall be protected appropriately.
  

• Section 190. The King has the prerogative to conclude a peace treaty, armistice and other treaties with other countries or international organisations. A treaty which provides for a change in the Thai territories or the Thai external territories that Thailand has sovereign right or jurisdiction over such territories under any treaty or an international law or requires the enactment of an Act for its implementation or affects immensely to economic or social security of the country or results in the binding of trade, investment budget of the country significantly must be approved by the National Assembly. In such case, the National Assembly must complete its consideration within sixty days as from the date of receipt of such matter. Before the conclusion of a treaty with other countries or international organisations under paragraph two, the Council of Ministers must provide information thereon to the public, conduct public consultation and state information in relevant thereto to the National Assembly. In such case, the Council of Ministers must submit negotiation framework to the National Assembly for approval. Upon giving signature to the treaty under paragraph two, the Council of Ministers shall, prior to give consent to be bound, facilitate the public to get access to the details of such treaty. In the case where the application of such treaty has affected the public or small and medium entrepreneurs, the Council of Ministers must revise or render remedy to such effects rapidly, expediently and fairly. There shall be a law determining measure and procedure for the conclusion of a treaty having immense effects to economic or social security of the country or resulting in the binding of trade or investment of the country significantly and the revision or rendering of remedy to the effects of such treaty with due regard to the fairness among the beneficiaries, the affected persons and the general public. A matter arising from the provisions of paragraph two falls within the jurisdiction of the Constitutional Court and the provisions of section 154 (1)* shall apply mutatis mutandis to the referring of the matter to the Constitutional Court.
  

• Section 237. A candidate in an election who commits an act or causes or supports another person to act in violation of the organic law on election of members of the House of Representatives and acquisition of senators or regulations or notifications of the Election Commission which resulting in the election not to be honest and fair, his right to vote at an election shall be suspended under the organic law on election of members of the House of Representatives and acquisition of senators. If it appears convincing evidence, through an act of the person under paragraph one, that the President or an executive board of director of a political party connives or neglects at such commission or such commission is known to him but he fails to deter or revise such commission for the maintenance of honest and fair election, it shall be deemed that such political party doing an act for the acquisition of the power to rule the country by means which is not in accordance with the provisions of this Constitution under section 68. In such case, if the Constitutional Court orders to dissolve such political party, the right to vote at an election of the President or the executive board of directors of a political party shall be suspended for the period of five years as from the date such order is made.
  

• the subjecting of independent agencies to scrutiny (Section(s)?)
  
• the election of senators (Part 3: Section(s)?) [having graduated with not lower than a Bachelor’s degree or its equivalent?]
  

• Section 309. Any act that its legality and constitutionality has been recognised by the Constitution of the Kingdom of Thailand (Interim), B.E. 2549, including all acts related therewith committed whether before or after the date of promulgation of this Constitution shall be deemed constitutionally under this Constitution.
  

*Section 154. After any bill has been approved by the National Assembly under section 150 or has been reaffirmed by the National Assembly under section 151, before the Prime Minister presents it to the King for signature:(1) if members of the House of Representatives, senators or members of both Houses of not less than one-tenth of the total number of the existing members of both Houses are of the opinion that provisions of the said bill are contrary to or inconsistent with this Constitution or such bill is enacted contrary to the provisions of this Constitution, they shall submit their opinion to the President of the House of Representatives, the President of the Senate or the President of the National Assembly, as the case may be, and the President of the House receiving such opinion shall then refer it to the Constitutional Court for decision and, without delay, inform the Prime Minister thereof;

Edited July 25, 2012 by Reasonableman

[Reasonableman]

Constitution 2007

Section 67 (in full), with apologies for the truncated version above

The right of a person to participate with State and communities in the preservation and exploitation of natural resources and biological diversity and in the protection, promotion and conservation of the quality of the environment for usual and consistent survival in the environment which is not hazardous to his health and sanitary condition, welfare or quality of life, shall be protected appropriately. Any project or activity which may seriously affect the quality of the environment, natural resources and biological diversity shall not be permitted, unless its impacts on the quality of the environment and on health of the people in the communities have been studied and evaluated and consultation with the public and interested parties have been organised, and opinions of an independent organisation, consisting of representatives from private environmental and health organisations and from higher education institutions providing studies in the field of environment, natural resources or health, have been obtained prior to the operation of such project or activity. The right of a community to sue a government agency, State agency, State enterprise, local government organisation or other State authority which is a juristic person to perform the duties under this section shall be protected.

Edited July 25, 2012 by Reasonableman

[LuckyLew]

oh common, Thailand should just give amnesty to everyone

Let all people in prison go free, expunge their records and set them free

As long as the promise to be good people, set them free

[Reasonableman]

Amendment of the Constitution

Section 291. An amendment of the Constitution may be made only under the rules and procedure as follows:

(1) a motion for amendment must be proposed either by the Council of Ministers or members of the House of Representatives of not less than one-fifth of the total number of the existing members of the House of Representatives or members of both Houses of not less than one-fifth of the total number of the existing members thereof or persons having the right to votes of not less than fifty thousand in number under the law on the public submission of a bill;

A motion for amendment which has the effect of changing the democratic regime of government with the King as Head of State or changing the form of State shall be prohibited;

(2) a motion for amendment must be proposed in the form of a draft Constitution Amendment and the National Assembly shall consider it in three readings;

(3) the voting in the first reading for acceptance in principle shall be by roll call and open voting, and the amendment must be approved by votes of not less than one-half of the total number of the existing members of both Houses;

(4) in the consideration section by section in the second reading, consultation with the people who submit a draft Constitution Amendment shall be held;

The voting in the second reading for consideration section by section shall be decided by a simple majority of votes;

(5) at the conclusion of the second reading, there shall be an interval of fifteen days after which the National Assembly shall proceed with its third reading;

(6) the voting in the third and final reading shall be by roll call and open voting, and its promulgation as the Constitution must be approved by votes of more than one-half of the total number of the existing members of both Houses;

(7) after the resolution has been passed in accordance with the above rules and procedure, the draft Constitution Amendment shall be presented to the King, and the provisions of section 150 and section 151 shall apply mutatis mutandis.

Edited July 25, 2012 by Reasonableman

[Moruya]

Good work Reasonable man.

Some VERY interesting stuff

[jonclark]

If everyone is given an amnesty where is the deterent (i.e. punishment) to prevent this happening again ten, fifteen years down the road? A simple solution which reflects the simplicity of the voting people.

I think with artcicle 291 being changed PTP long term aim is to have taksin to return as presdient of a republic. Ahh well good luck to them and Thailand I will have no sympathy for them as they wallow in their self pity when it all goes tits up.

[chotthee]

oh common, Thailand should just give amnesty to everyone

Let all people in prison go free, expunge their records and set them free

As long as the promise to be good people, set them free

Agree, amnesty to everyone, EXCEPT THAKSIN.

The big bad wolf of Asia.

[Skywalker69]

Good work Reasonable man.

Some VERY interesting stuff

+1

[nurofiend]

Good work Reasonable man.

Some VERY interesting stuff

+1

any opinions on it you two?

[Skywalker69]

Prime Minister Yingluck Shinawatra declined to discuss the government's stance on how to change the charter.

She doesn´t have what it takes to be a PM.

[nurofiend]

oh..

1 down

that was insightful...

[h90]

"saying the amendment of the 2007 Constitution is necessary as the charter was not linked to the people, who are the holders of political power."

I don't understand that?

Does USA or Germany amend their constitution because it is not linked to the holders of political power?

In my opinion the holder of political power only need to obey it......no need for any links.

[h90]

Prime Minister Yingluck Shinawatra declined to discuss the government's stance on how to change the charter.

She doesn´t have what it takes to be a PM.

She has all it takes to be a PM.

You need to be from the Shinawatra family and be super rich to buy the votes. There is nothing else necessary.

[h90]

And at the end it will be twisted till Thaksins corruption is getting the amnesty...

[OzMick]

Thailand has political prisoners? Really?

Or persons who committed criminal acts and claim that prosecution is politically based?

[jerrysteve]

Heck just abolish the constitution.....abolish the courts too.

Let Pandermonium and chaos ring thru and thru.

[chotthee]

Coup is still a MUST for countries like Thailand.

[nurofiend]

Thailand has political prisoners? Really?

<snip

[Buchholz]

Pheu Thai party-list MP Watana Muangsook said yesterday that a national referendum is a choice being considered by the party, adding that changing the charter on an article-by-article basis is another option.

Sorry to spoil Watana's intrigue, but something tells me that now Thaksin has announced he prefers the article-by-article change process that that is what the Pheu Thai Party will decide to do.

http://www.thaivisa....25#entry5511319

btw, Chalerm has come out to endorse that avenue and has listed a number of radical changes for the specific articles to be changed, such as stripping the Election Commission of its authority to issue yellow and red cards to candidates caught out cheating. Also he proposes eliminating the Constitution Court and the Auditor-General position.

Details of the proposed dramatic changes are listed in the other paper today.

.

.

Edited July 25, 2012 by Buchholz

[jerrysteve]

Yep give amesty to every crook, rapist, child molestor, and every murderer. Give amesty to everyone.

I have Thai friends in the U.S.A. Many are American citizens...Many are not American Citizens, but they have work permits.

Both the ones who are American citizens and the ones with valid work permits have absolutely no desire to return to their Native Thailand

even in the economic flux that continues to plague the western world.

[rubl]

"Regarding the third reading [of the charter-amendment bill] in Parliament, many sides have asked about the government's stance; I am also waiting to hear. All the mechanisms must be resolved in Parliament. At the same time, we have to listen to the ruling of the Constitution Court. We haven't received it [as of] today, so we have to see that first and let the legal experts interpret it clearly," she said.

The PM is waiting to hear her governments stance on all this? In full control, with faith in her handpicked cabinet, selected on promise, knowledge, potential, and since the January reshuffle even adding suitability. Why, all this explains why she doesn't even need to be present

[GentlemanJim]

Thailand has political prisoners? Really?

<snip

Any opinions on it?

There is no internationally recognised definition of a 'Political Prisoner', A de facto defintion is provided by the human rights organisation Amnesty International: "Any prisoner whose case has a significant political element: whether the motivation of the prisoner's acts, the acts themselves, or the motivation of the authorities."

So who are Thailand's political prisoners? As far as Thaksin is concerned all of the crimes and alleged crimes he committed of a financial nature were in no way politically motivated. They were motivated by self interest and greed. As for the 2500 extra judicial killings, well they were certainly ordered by a man who was a politician, but an intent or indeed the act, of hurting or killing innocent civilians can in no way be considered to be covered under a 'political crime', it is a crime, plain and simple. Thaksin is an A -list criminal,, who's acts can in no way be classed as political crimes. There can be/should be no amnesty for Thaksin, or Jatuporn, or other red leaders who authorised the invasion of a hospital, ordered the burning of Bangkok etc etc. The rest I don't care about.

[Thailand]

Yep give amesty to every crook, rapist, child molestor, and every murderer. Give amesty to everyone.

I have Thai friends in the U.S.A. Many are American citizens...Many are not American Citizens, but they have work permits.

Both the ones who are American citizens and the ones with valid work permits have absolutely no desire to return to their Native Thailand

even in the economic flux that continues to plague the western world.

And on the reverse tack. I guess that changes in the constitution will see a mass exodus of American expats back to the states?

[nurofiend]

Thailand has political prisoners? Really?

<snip

Any opinions on it?

There is no internationally recognised definition of a 'Political Prisoner', A de facto defintion is provided by the human rights organisation Amnesty International: "Any prisoner whose case has a significant political element: whether the motivation of the prisoner's acts, the acts themselves, or the motivation of the authorities."

So who are Thailand's political prisoners? As far as Thaksin is concerned all of the crimes and alleged crimes he committed of a financial nature were in no way politically motivated. They were motivated by self interest and greed. As for the 2500 extra judicial killings, well they were certainly ordered by a man who was a politician, but an intent or indeed the act, of hurting or killing innocent civilians can in no way be considered to be covered under a 'political crime', it is a crime, plain and simple. Thaksin is an A -list criminal,, who's acts can in no way be classed as political crimes. There can be/should be no amnesty for Thaksin, or Jatuporn, or other red leaders who authorised the invasion of a hospital, ordered the burning of Bangkok etc etc. The rest I don't care about.

why do you go straight to thaksin? he didn't even enter my head....

my opinion? was that it is a laughable suggestion.

[Fozfromoz]

Good work Reasonable man.

Some VERY interesting stuff

Ditto, good research

[phiphidon]

If everyone is given an amnesty where is the deterent (i.e. punishment) to prevent this happening again ten, fifteen years down the road? A simple solution which reflects the simplicity of the voting people.

I think with artcicle 291 being changed PTP long term aim is to have taksin to return as presdient of a republic. Ahh well good luck to them and Thailand I will have no sympathy for them as they wallow in their self pity when it all goes tits up.

If you read Section 291 properly you will notice, as I have pointed out umpteen times, there is a provision to stop such a ridiculous idea as the supposed "long term aim is to have taksin to return as presdient of a republic"(sic):

A motion for amendment which has the effect of changing the democratic regime of government with the King as Head of State or changing the form of State shall be prohibited;...............

...........................(7) after the resolution has been passed in accordance with the above rules and procedure, the draft Constitution Amendment shall be presented to the King, and the provisions of section 150 and section 151 shall apply mutatis mutandis.

[phiphidon]

Good work Reasonable man.

Some VERY interesting stuff

Ditto, good research

He hasn't researched anything. He's offered no comment on the sections. What he has done is C & P'd a few sections from the unofficial english translation of the Thai Constitution, the link for which (and certain sections therof) has been made available numerous times in this forum.

Edited July 25, 2012 by phiphidon

[OzMick]

If everyone is given an amnesty where is the deterent (i.e. punishment) to prevent this happening again ten, fifteen years down the road? A simple solution which reflects the simplicity of the voting people.

I think with artcicle 291 being changed PTP long term aim is to have taksin to return as presdient of a republic. Ahh well good luck to them and Thailand I will have no sympathy for them as they wallow in their self pity when it all goes tits up.

If you read Section 291 properly you will notice, as I have pointed out umpteen times, there is a provision to stop such a ridiculous idea as the supposed "long term aim is to have taksin to return as presdient of a republic"(sic):

A motion for amendment which has the effect of changing the democratic regime of government with the King as Head of State or changing the form of State shall be prohibited;...............

...........................(7) after the resolution has been passed in accordance with the above rules and procedure, the draft Constitution Amendment shall be presented to the King, and the provisions of section 150 and section 151 shall apply mutatis mutandis.

Well that settles that then. Thaksin would NEVER even think about anything illegal or unconstitutional, let alone act on the thoughts (that he never had).

[rubl]

If everyone is given an amnesty where is the deterent (i.e. punishment) to prevent this happening again ten, fifteen years down the road? A simple solution which reflects the simplicity of the voting people.

I think with artcicle 291 being changed PTP long term aim is to have taksin to return as presdient of a republic. Ahh well good luck to them and Thailand I will have no sympathy for them as they wallow in their self pity when it all goes tits up.

If you read Section 291 properly you will notice, as I have pointed out umpteen times, there is a provision to stop such a ridiculous idea as the supposed "long term aim is to have taksin to return as presdient of a republic"(sic):

A motion for amendment which has the effect of changing the democratic regime of government with the King as Head of State or changing the form of State shall be prohibited;...............

...........................(7) after the resolution has been passed in accordance with the above rules and procedure, the draft Constitution Amendment shall be presented to the King, and the provisions of section 150 and section 151 shall apply mutatis mutandis.

Not totally correct. It's more short term the goal of Pres. Thaksin is not attainable. That's why we now will go into an article by article rewrite to short term brake down some awkward and restricting provisions, like Constitutional Count, Election Committee (red or (by Jove) yellow carding honest MPs, imagine!) and the like. Following we democratically issue an amnesty all want and get k. Thaksin back to save us. From there on our dear leader will be able to more directly and openly think to let us act appropriately. IMHO of course. Sorry can't quote the interesting remarks on this the other newspaper has today, but you can always ask Dept. PM Pol. Captain Chalerm who's in the know