Many Amnesty Ideas, But Do Any Of Them Have Support?

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BURNING ISSUE

Many amnesty ideas, but do any of them have support?

Attayuth Bootsripoom

attayuth_nna

The Nation

BANGKOK: -- To grant amnesty or not, is not the key question. The question is whether an amnesty would really lead to genuine reconciliation.

The Pheu Thai-led government should seriously ponder this question now that efforts have been stepped up to call for enactment of an amnesty law.

A series of calls for amnesty have been made recently and those behind the calls claimed the efforts were concerted ones. However, several signs indicated the calls or proposals had something in common, making the efforts appear collaborative.

It started with the proposal of the Nitirat group of lecturers from Thammasat University, who called for a charter amendment to make a new provision on amnesty. The proposal was a strong-medicine approach in line with Nitirat's style.

Nitirat proposed that only the demonstrators should be absolved. Their leaders would also benefit from the amnesty if they proved they led the protests because of political conflict, not because they were hired. Of course, those who were jailed under the lese majeste law would also receive the benefit.

But under Nitirat's proposal, no government officials would be absolved irrespective of whether they were officials carrying out the crackdown orders or they were the officials who gave the orders. Nitirat claimed the officials were already protected by the law if they had done nothing wrong. Refraining from granting amnesty to officials would also set a precedent for junior officials to refuse wrongful orders in future.

Of course, the Nitirat proposal was strongly criticised and the question raised as to why amnesty needed to be included among the country's highest laws. Critics said Nitirat had ignored the fact that junior officials would never know whether the orders they received were right or wrong.

Of course, Nitirat's proposal was rejected by the government although it was supported by the extreme leftist red-shirt group. But this red-shirt group is not a major one and it has definitely infuriated several mass groups that support the government. Even worse, Nitirat also linked the amnesty to the campaign for amendment of Article 112 on lese majeste, so the government could not comply with it.

Then the mainstream red-shirt movement, the Democratic Alliance Against Dictatorship, which has the biggest mass support, proposed its own amnesty draft executive decree. The DAAD called for the government to issue a decree to grant amnesty because it would be the fastest way.

The DAAD proposed that all groups of demonstrators who faced charges after the 2006 coup, should be absolved no matter if they were leaders or followers. The draft also proposed amnesty for junior officials but would exclude the top officials, who gave crackdown orders, from the amnesty.

But not all sides supported the proposal. The biggest drawback was the proposal to enact a decree. Doing so would bypass Parliament and would cause the opponents to seek a ruling from the Constitution Court as to whether it would be unconstitutional or not.

Just a few days after the DAAD proposal drew criticism, the independent National Rule of Law Commission, headed by Ukrit Mongkolnavin, came up with its own proposal. The NRLC proposed a bill similar to the DAAD's, but this time the amnesty would have to be approved by Parliament.

Ukrit's proposal has been so far the most appropriate and could win the most public acceptance.

On Tuesday, a group of red shirts, which called itself the January 29 Network for Freeing of Political Prisoners, held a rally to again pressure the government to amend the charter to include amnesty in the Constitution.

Following the pressure from this group, the government, which was about to adopt Ukrit's proposal, would have to think it over again as to which method it should use.

But the government could not ignore a key question. Will the amnesty really be needed for creating reconciliation? If the government is able to prove that amnesty is really needed for reconciliation, the public will definitely support it.

If not, the government should remain open for other options.

-- The Nation 2013-01-31

[Locationthailand]

More debate on the subject without any progress. One thing for certain, bloodymindedness will not achieve any form of reconcilliation when the agenda is about one man.

[daboyz1]

I don't see the man in Dubai mentioned at all. I doubt little sis would go for any of it unless he somehow get's off the hook.

[cup-O-coffee]

This article and the questions it ponders remind me of a drug addict trying to make it right in his mind so that he feels justified to go back on drugs. His thought processes could fill a library with voluemes and volumes of thought. The path between doing it or not doing it can be, and often is, filled with miles and miles of wasted effort and energy. It is indicative of feeble-mindedness and a lack of conviction.

When leaders of a country begin behaving like this, one must wonder if they are truly leaders, and where are they leading; to the Realm of Reason? Quit stalling. Just tell us what you want, and let's get on with it and deal with the truth of what you want. At least then we can have a beginning and something to go on.

[gatorsoft]

The "it's all about Thaksin" crowd will never be happy regardless of what happens. Sad that they can't consider anything but their own prejudices.

[mic6ard]

I don't see the man in Dubai mentioned at all. I doubt little sis would go for any of it unless he somehow get's off the hook.

[hellodolly]

Nitirat is just an academic.

Academic is a word for some one divorced from reality outside there ivy walls and there own head.

Abhist has showed the way. He talked about giving amnesty to those who urged the red horde on to do crime. Not to those who did it or paid to have it done.

What concessions is the government willing to make?

[473geo]

I seem to recall there is support for the rank and file reds who are incarcerated, indeed many Tvisa posters showed a great deal of vociferous concern accusing the 'leaders' of the Reds of ignoring their plight.

Edited January 31, 2013 by 473geo

[OzMick]

I seem to recall there is support for the rank and file reds who are incarcerated, indeed many Tvisa posters showed a great deal of vociferous concern accusing the 'leaders' of the Reds of ignoring their plight.

My only concern is that their leaders are being allowed to dodge the courts through their MP status. Hopefully one day they will all rot including the entire Shinawatra extended family and their PTP cronies that are robbing this country.

[hellodolly]

I seem to recall there is support for the rank and file reds who are incarcerated, indeed many Tvisa posters showed a great deal of vociferous concern accusing the 'leaders' of the Reds of ignoring their plight.

Only because they did.

I don't like the idea that Abhist brought forward about letting some of those leaders go free but it is a step forwarded. The Dems are willing to work for an agreeable amnesty. That is a lot more than can be said of the current administration in it's blind drive to line it's pockets run up the National debt with populace policies to try and insure a reelection win and last but not least whitewash Thaksin.

It is silly but I wonder if they would willingly give up reelection if it meant a free ride for Thaksin. No more jail time and no more asking for accountability from him?

[Pimay1]

I seem to recall there is support for the rank and file reds who are incarcerated, indeed many Tvisa posters showed a great deal of vociferous concern accusing the 'leaders' of the Reds of ignoring their plight.

Only because they did.

I don't like the idea that Abhist brought forward about letting some of those leaders go free but it is a step forwarded. The Dems are willing to work for an agreeable amnesty. That is a lot more than can be said of the current administration in it's blind drive to line it's pockets run up the National debt with populace policies to try and insure a reelection win and last but not least whitewash Thaksin.

It is silly but I wonder if they would willingly give up reelection if it meant a free ride for Thaksin. No more jail time and no more asking for accountability from him?

I kinda doubt if they would. After all there is no telling how much Thaksin, his family and their corny lap dogs are raking in from the rice scam and stands to rake in from all the other mulit billion Baht projects either under way or about to start.