Thai amnesty bill 'could face legal challenge'

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POLITICS
Amnesty bill 'could face legal challenge'
Hataikarn Treesuwan,
Praphan Jindalertudomdee,
Pimnara Pradubwit
The Nation


File photo : Ukrit

Worachai draft might be unconstitutional, reform panel chief Ukrit warns Pheu Thai

BANGKOK: -- Former parliament president and renowned lawyer Ukrit Mongkolnavin has warned that an amnesty bill proposed by Pheu Thai Samut Prakan MP Worachai Hema is at risk of being ruled unconstitutional, as it might discriminate against certain people involved in political violence since the 2006 military coup, a party source said yesterday.

Ukrit's concerns were raised during last week's meeting of the ruling party's strategic committee led by former prime minister Somchai Wongsawat. A participant at the meeting said Ukrit warned that those not benefiting from Worachai's bill might petition to the Constitutional Court on grounds that the bill discriminates against them.

Pheu Thai Party's strategic committee met last week to discuss priorities for six laws tabled for deliberation in Parliament. It was decided at the meeting that the Budget Bill for 2014 fiscal year should top the agenda, because Parliament has to complete its sessions within 105 days.

The decision has met with stiff opposition from the red shirts, including ministers from the red shirts' quota, who have promised to help secure pardons for red-shirt supporters and leaders jailed for offences related to the 2010 riots.

Even if no one submits a petition to the Constitutional Court, the legislation would still put a burden on correctional officials or public prosecutors, who would have to identify who should be granted amnesty under the bill, the source quoted Ukrit as saying.

Releases of political prisoners would not be made immediately after the bill is passed, Ukrit was quoted as saying.

The red shirts have pressured Pheu Thai to make Worachai's amnesty bill the first item on the Parliament's agenda when it reconvenes on August 1. But Ukrit, chairman of the Independent Committee for Promotion of the Rule of Law, has warned that the bill contains a discriminatory provision that could be in violation of Article 30 of the Constitution.

Quoted by a member of the strategic committee, Ukrit said the bill states that only people who joined rallies, and not leaders or those who issued orders, would be pardoned. He said those excluded by the bill would be likely to take the matter to the Constitutional Court, the source from the meeting said.

Although Somchai's committee raised Ukrit's warning, the red shirts and Worachai insist that the bill be debated first, with the possibility being left open for it to be altered during the vetting process. If the government whips, who are scheduled to meet today, do not agree to push for Worachai's bill to be debated first, Pheu Thai's meeting next Tuesday could see turmoil, the source said.

Worachai declined yesterday to acknowledge having received such a warning. He insisted the law was not discriminatory.

"We want to help all innocent people, but it was the leaders' intention not to take the amnesty. How can that be discrimination?" he said.

If the whips decline to push the bill, he said, he would push for it to be debated, both at the party meeting and in Parliament.

Meanwhile, Pheu Thai's Northeastern faction has urged the party to first consider a bill to amend charter provisions on ratification of agreements with foreign countries and the method for electing senators, and to suspend deliberation on Article 68, saying the government needs to appease senators in order to get their support.

Pheu Thai Nakhon Phanom MP Paijit Srivarakan, a deputy chief whip, said that although most of the whips agreed that an amnesty bill should be vetted first, they were still worried about opposition from anti-government protesters.

"If this is the case, it is likely we will opt for an amendment of the charter on the point of how senators get their seats, since we would face less public opposition on this subject. We will also heed the comments from Pheu Thai's strategic committee on which [draft] law we should discuss first,'' he said.

Ubon Ratchathani MP Somkid Chuakong said he had asked party leader Charupong Ruangsuwan to support the amnesty bill as the top agenda item, while the 2014 Budget Bill will certainly be debated anyway - so there was nothing to fear.

Democrat Party deputy leader Alongkorn Ponlaboot said yesterday he would propose a version of the amnesty bill at the party's meeting on Tuesday next week. The bill would be an adapted version of one proposed by the relatives of the victims.

The modification relates to the timeframe, as well as some offences that did not deserve to be get amnesty under the law, he said, adding that his draft would be dropped if the party disagreed with it.

Payao Akahad, mother of Kamolket, a paramedic who was killed in Wat Pathum Wanaram, and Punsak Srithep, father of 17-year-old Samapun, who was killed in crossfire, last week submitted the group's amnesty bill to Prime Minister Yingluck Shinawatra.


-- The Nation 2013-07-24

[ChrisY1]

A Bill on amnesty written by the PT and their Red Shirt comrades may be unconstitutional and discriminatory....I find that hard to believe!!

[Neilly]

It was decided at the meeting that the Budget Bill for 2014 fiscal year should top the agenda, because Parliament has to complete its sessions within 105 days.

Is looking like the ones waiting at the trough are getting impatient

[Tatsujin]

Jeez . . . and the games go on . . . just write an "amnesty bill" that pardons Thaksin directly (rather than indirectly) and get it the <deleted> over and done with.

[gl555]

"A participant at the meeting said Ukrit warned that those not benefiting from Worachai's bill might petition to the Constitutional Court on grounds that the bill discriminates against them."

Yes it would be wrong to be discriminate against Thaksin.