Emergency decree a quicker process for amnesty to bring Thaksin back

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NATION ANALYSIS
Emergency decree a quicker process for amnesty to bring Thaksin back
Somroutai Sapsomboon
The Nation

BANGKOK: -- Panthongtae, the son of former prime minister Thaksin Shinawatra, said recently on his Facebook page that the voice in a mysterious audio clip widely distributed on the Internet belonged to his father - although he claimed the recording might have been edited.

Thaksin's spokesman Noppadon Pattama backs Panthongtae's claim, but he has not made it clear which part of the clip is edited.

On the contrary, he says people who believe the clip to be genuine have the right to prove it is not edited.

In his latest Facebook post, Panthongtae said he had talked to Thaksin about the controversial clip during their meeting in China. However, after that meeting, Panthongtae was still unable to shed any light on how the clip was edited.

Thaksin and Deputy Defence Minister General Yuthasak Sasiprapha, who was purported to be the other man talking in the clip, have kept their mouths shut publicly about this controversy. There are some interesting questions stemming from what was discussed in the controversial conversation, particularly involving the issue of amnesty.

Firstly, what is the difference between the issuance of an emergency decree and an act? In the clip, it appears that an emergency decree issued to achieve amnesty is preferred to help the ex-leader return home without having to face legal problems.

An emergency decree, issued by the Cabinet, can be achieved more quickly than an act, which needs to pass parliamentary deliberations. However, an emergency decree, which would be reported to Parliament later, can only be issued in the case of an emergency involving national security, public safety, economic security, or public disaster prevention.

A number of amnesty bills proposed by government politicians have run into strong opposition inside Parliament as well as on the street.

To help Thaksin free himself from his legal problems, an emergency decree would need to be issued for his amnesty. But political observers have expressed concern that this option could lead to a new round of severe political conflict in the country.

Another question is whether a law for amnesty can be issued through the Defence Council. The military top brass disagrees over this matter. Army commander-in-chief General Prayuth Chan-ocha said it was the duty of the House of Representatives rather than the Defence Council to propose a new law. However, the permanent secretary for Defence, General Thanongsak Apirakyodhin, said the Defence Ministry Administration Act empowers the Defence Council to propose legislation.

According to the act, the Defence Council may suggest to the government an amnesty law, or the Cabinet may propose such a law for backing by the Defence Council. Support from the military may be critical in this matter. As the man whose voice appears in the clip says, "If the military doesn't side with them, the government's foes can be no threat at all."

Now that the content of the conversation has been widely distributed, it will be interesting to see whether the plot hatched will actually be implemented.

Some observers say any move by Thaksin's camp to do things discussed in the clip, particularly in relation to the amnesty, would only confirm its authenticity. However, it appears there are no other options for Thaksin.


-- The Nation 2013-07-19

[Siripon]

On what possible grounds can an Emergency decree be issued for whitewashing Thaksin's crimes?

National security- the man has been responsible for severe civil disorder

Public safety- as above

Economic security- his rice mortgage scheme has caused untold damage to Thailand

Public disaster prevention- the proposed flood management scheme is going to cause havoc amongst many communities

On all 4 grounds an emergency decree should be issued to prevent Thaksin playing any further role in Thai politics

[Thai at Heart]

They are really scraping the barrel here.

[Neilly]

However, it appears there are no other options for Thaksin.

Oh yes there is...come back and do his time in jail ...sorted

[OzMick]

Once more, how can you have a democratic government when the governing party is OWNED by one man?

[LuckyLew]

A faster way for him to come home would be to fly here today

Turn himself in to the police and serve his two year sentence

But for this to happen Thaksin would have to be a honorable and honest person

Guess this is not gonna happen

[OzMick]

A faster way for him to come home would be to fly here today

Turn himself in to the police and serve his two year sentence

But for this to happen Thaksin would have to be a honorable and honest person

Guess this is not gonna happen

His problem is much larger than that. He has unheard charges that if successful would see him locked away for the rest of his natural. Without young Lydia, that might be unnatural.

[rucus7]

The emergency is, he is not getting any younger.

[hellodolly]

A faster way for him to come home would be to fly here today

Turn himself in to the police and serve his two year sentence

But for this to happen Thaksin would have to be a honorable and honest person

Guess this is not gonna happen

His problem is much larger than that. He has unheard charges that if successful would see him locked away for the rest of his natural. Without young Lydia, that might be unnatural.

And that dosen't even take into account his part in the red shirt attempted coup.

I think

An emergency decree might be just the ticket to get him back here in Thailand where some of his well connected enemies can have a shot at him. If needs be several shots.

[gabruce]

On what possible grounds can an Emergency decree be issued for whitewashing Thaksin's crimes?

National security- the man has been responsible for severe civil disorder

Public safety- as above

Economic security- his rice mortgage scheme has caused untold damage to Thailand

Public disaster prevention- the proposed flood management scheme is going to cause havoc amongst many communities

On all 4 grounds an emergency decree should be issued to prevent Thaksin playing any further role in Thai politics

Maybe the idea is that if Thaksin returns he will stop doing all of these things to destroy the country. It's an emergency if he continues as he has been with these disastrous policies and actions.

[ratcatcher]

The emergency is, he is not getting any younger.

And I seem to remember DL saying some time back that "I want to die in Thailand".

Well, all I can say to that is come on back boyo, there are many here who will have their sights trained on you.

[ratcatcher]

The emergency is, he is not getting any younger.

And I seem to remember DL saying some time back that "I want to die in Thailand".

Well, all I can say to that is come on back boyo, there are many here who will have their sights trained on you.

[Halion]

Those who think that real justice would be served by Thaksin simple coming home and surrending himself to the judicial system are truly dilusional. Even if he did serve due sentance it would be in a manner befiting a King with little or no hardship as suffered by the rank and file. The punishment would not fit the crime. This arrogant nepotistic megalomaniac along with the family are a serious cancer on the future of Thailand having any chance to improve and develope.

[bigbamboo]

If I have this right this means the cabinet, selected by him and led by his sister, will issue an emergency decree to allow a convicted criminal who also has many other charges pending to return to the country after several years on the run in order that he can be given amnesty.

Amazing Thailand is right.

Edited July 19, 2013 by bigbamboo

[SOTIRIOS]

...first..........outright lies.....denail......

...then when the proof is irrefutable....switch to pathos......perfect for such a pathetic series of events these past 4 years......I have lost count.....

...not even in the worst script....well, maybe a high school play script.....or elementary school......

...caught conniving...again.....so.....feign emotions.......

(.....habitual liars have no feelings....no emotions...no conscience.....they will say and do anything to get their way....period...)

[Baerboxer]

Now there is no denials of who calls the shots. Open meetings with cabinet ministers and police. Sister moved to DM to win the military over.

How long before the handpicked cabinet issue the decree and the convicted criminal and fugutive returns home, his conviction quashed, all outstanding charges quashed, and formally becomes an unelected PM?

He is right of course - the military holds the key. If they are "neutral" or "with him" then there is nothing to stop this going ahead,

Forget the rules of law, ethics, morals - all will be swept away.

[ratcatcher]

Now there is no denials of who calls the shots. Open meetings with cabinet ministers and police. Sister moved to DM to win the military over.

How long before the handpicked cabinet issue the decree and the convicted criminal and fugutive returns home, his conviction quashed, all outstanding charges quashed, and formally becomes an unelected PM?

He is right of course - the military holds the key. If they are "neutral" or "with him" then there is nothing to stop this going ahead,

Forget the rules of law, ethics, morals - all will be swept away.

IMHO you are about 90% correct. However, I do believe there is still one important, shall we say, hurdle to overcome before TS comes back a free man to begin again.

I believe you know who?