Thai amnesty bill 'unconstitutional'

[webfact]

Amnesty bill 'unconstitutional'
The Nation

Legal experts say the draft does not offer equal treatment to all citizens

BANGKOK: -- A GROUP of legal experts going under the name Nitirat Group voiced their opposition to the amnesty bill yesterday, saying the version undergoing a second reading in the House went against the original bill, parliamentary regulations and was unconstitutional.

The group also advised the House to dismiss the current draft and set up a new committee to review the original draft.

Group member Worachet Pakeerut, from Thammasat University's Faculty of Law, said in a statement that the current draft, which covers all state officials and leaders involved in political protests was not fair to the people killed in the 2010 crackdown.

The bill also goes against the International Covenant on Civil and Political Rights (ICCPR) as it allows state officials and political manipulators off the hook, he said.

"If the bill is passed into law, it would allow state agencies to crack down on all people's movements without having to take any responsibility," Worachet said.

The original bill, proposed by ruling-Pheu Thai Party MP Worachai Hema, only grants amnesty to ordinary citizens who face charges for participating in political protests or expressing their views. The first draft does not include state agencies, politicians and protest leaders. Its main aim was to free protesters who are in prison for merely joining a rally or expressing their political opinions.

The new draft proposed by Pheu Thai member Prayuth Siripanich, who was a member of the Lower House subcommittee tasked with studying the bill, covers all parties involved, including leaders such as former premiers Thaksin Shinawatra and Abhisit Vejjajiva for their role in manipulating the protest and the subsequent crackdown.

However, the new draft does not include those facing lese majeste charges in accordance with Article 112 of the Penal Code. Worachet also said that not granting amnesty to those held under lese majeste charges made the bill unconstitutional because it does not offer equal treatment to all citizens.

Also, the fact that the bill was amended in the second reading went against Article 117 of the Parliament regulation, he said. Since the House had agreed in principle to the first draft in the first reading, the subcommittee had no authority to change the basic principles of the bill in the second reading, he added.

In addition, he said, since the new version covers a very long period of time - from 2004 to August 2013 - as well as several political incidents and a large number of people, it would be very difficult to work out exactly who was eligible for amnesty.

Piyabutr Saengkanokkul, another member of the Nitirat Group, said it would be very difficult for concerned agencies to enforce the amnesty law, and several people might also call on the Constitutional Court to interpret the law.

"If the court rules that the law is unconstitutional, then it would be nullified and nobody would obtain amnesty or get out of prison under this law," he said.


-- The Nation 2013-11-01

[Curt1591]

"Legal experts say the draft does not offer equal treatment to all citizens"

Think Red Bull Boy ...

[PatOngo]

"Legal experts say the draft does not offer equal treatment to all citizens"

Since when has equality been an issue in Thailand?

[coma]

Equilty In Thailand ??

[jcb2001]

"The bill also goes against the International Covenant on Civil and Political Rights (ICCPR) as it allows state officials and political manipulators off the hook, he said."

Of which Thailand has ratified and signed on to.

http://en.wikipedia.org/wiki/File:ICCPR-members2.PNG

[klubex99]

Seems to me that every day more and more opposition to this shambles of an amnesty bill comes out of the woodwork and into the open.

As far as I can see, there is only one single entity that wants this bill approved and that is PTP.

Even the red shirts hate it. Almost all other parties hate it. The man in the street hates it and 99% of foreign commentary is against it as proven on this very website.

How in the hell can it ever get approved? Yet I bet it does if that is what the PTP want.

All this for one exiled criminal who is more of a danger to this country and its constitution than he was when he was properly in power.

[ramrod711]

If the bill is passed into law, it would allow state agencies to crack down on all people's movements without having to take any responsibility," Worachet said.

But we were elected, we should be able to pass any law we want. It isn't fair, i think we should find out who these people are, intimidate their families, burn their houses and give out their phone numbers.

[Robby nz]

It was reported elsewhere that he also said that the bill wasn't needed because there were other ways to bring Thaksin back free of all charges and return his stolen money.

[Halion]

All this inane rhetoric and bullshit comes down to one thing which most, if not all are aware.

The whole deal is about the personal interests of the Shin clan and the PTP. Every thing else is simply a bloody smoke screen. They are comparable to the ADAMS Family.

[h90]

"Legal experts say the draft does not offer equal treatment to all citizens"

Think Red Bull Boy ...

??? There is a law for the Red Bull Boy ???

[rametindallas]

All this inane rhetoric and bullshit comes down to one thing which most, if not all are aware.

The whole deal is about the personal interests of the Shin clan and the PTP. Every thing else is simply a bloody smoke screen. They are comparable to the ADAMS Family.

I was 100% with you until you slandered by beloved Adams' family.

[hellodolly]

All this inane rhetoric and bullshit comes down to one thing which most, if not all are aware.

The whole deal is about the personal interests of the Shin clan and the PTP. Every thing else is simply a bloody smoke screen. They are comparable to the ADAMS Family.

Why do you feel the need to insult thee Adams family?

The original bill, proposed by ruling-Pheu Thai Party MP Worachai Hema, only grants amnesty to ordinary citizens who face charges for participating in political protests or expressing their views. The first draft does not include state agencies, politicians and protest leaders. Its main aim was to free protesters who are in prison for merely joining a rally or expressing their political opinions.

What a load of crock.

They did not join a rally they joined an attempted coup.

Since when do rallies fire rockets at transit terminals full of honest citizens and invade hospitals?

If you disagree with me name me one other rally that did that.

[Baerboxer]

When will all the people realize the Shins don't give a monkeys about the constitution, law, justice, the country or its people. It's about Thaksin, the clan and their cronies. Nothing else matters. They have demonstrated this over and over again. Liars, cheats, and criminals - and good at it.

[GentlemanJim]

All this inane rhetoric and bullshit comes down to one thing which most, if not all are aware.

The whole deal is about the personal interests of the Shin clan and the PTP. Every thing else is simply a bloody smoke screen. They are comparable to the ADAMS Family.

I was 100% with you until you slandered by beloved Adams' family.

Agreed. I like the Adams family and for the life of me I cannot think of one family member of the Adams family that is anywhere near as odious as even the nicest member of the Shin Clan. Even Vlad the Impaler took care of his own Kingdom and people.

Edited November 1, 2013 by GentlemanJim

[rubl]

From the Prime Minister's Office:

Why don't they understand this is good for them? Now take your medicine and swallow. My brother tells me that when it's good for him it should be good enough for them also.

Tongue_in_cheeky

DISCLAIMER: any similarity with 'real' persons pure coincidence

[fareastguy]

Seems to me that every day more and more opposition to this shambles of an amnesty bill comes out of the woodwork and into the open.

As far as I can see, there is only one single entity that wants this bill approved and that is PTP.

Even the red shirts hate it. Almost all other parties hate it. The man in the street hates it and 99% of foreign commentary is against it as proven on this very website.

How in the hell can it ever get approved? Yet I bet it does if that is what the PTP want.

All this for one exiled criminal who is more of a danger to this country and its constitution than he was when he was properly in power.

And just exactly when did the Shin "dynasty" ever give a real s**t for what the rest of the population think, regardless of colour?

Just wait & see what happens when Khun Thaksin steps off the plane as the returning hero of Thailand.. you ain't seen nothing yet!!

Not wanting to promote crime in Thailand but I do hope there's a bullet with his name on it, and one day when his guard is down he'll step in front of it!!

[beenhere2long]

i think it maybe time to pumpkin off for a wee while..

[Neilly]

It was reported elsewhere that he also said that the bill wasn't needed because there were other ways to bring Thaksin back free of all charges and return his stolen money.

I know how I'd like to see him come back...he wouldn't have any use for money either

[Lite Beer]

Democrats to petition Constitutional Court for legal interpretation of amnesty bill
The Nation

BANGKOK: -- Democrat Party leader Abhisit Vejjajiva insisted Friday that the controversial amnesty bill is unconstitutional and that the party will petition the Constitutional Court for legal interpretation.

Abhiisit argued that the vetting process of the bill was unconstitutional and that the House Speaker’s actions undermined public confidence in the parliamentary system. He also urged the Senate to oppose the bill and said his party will file a petition to the Constitutional Court for legal interpretation once the Upper House finishes vetting the bill.

Abhisit made the statement hours after the special session of the House of Representatives voted 310-0 to pass the third reading of the bill early Friday. Four Pheu Thai MPs- Natthawut Saikaur, Weng Tojirakarn, Worachai Hema, Khattiya Kattipol - abstained from the voting.

The House meeting came to an end at 4.20am. The third reading passed after 19 hours of heated debate and protests that interrupted the meeting. Many Democrat MPs booed and jeered as they vented their anger at the ruling Pheu Thai MPs for their attempts to ram the bill through.

The protests failed to deter House Speaker Somsak Kiatsuranont who insisted on swift and continuous voting on articles of the bill, which sailed through the second and third readings. The House Speaker formally closed the session at 4.25am.

The bill will be forwarded to the Senate for further consideration.

-- The Nation 2013-11-01

[hellodolly]

From the Prime Minister's Office:

Why don't they understand this is good for them? Now take your medicine and swallow. My brother tells me that when it's good for him it should be good enough for them also.

Tongue_in_cheeky

DISCLAIMER: any similarity with 'real' persons pure coincidence

All though he is fictional sounds a lot like General Bullmoose from Lil Abner for those of us old enough to remember him

Seems to me that every day more and more opposition to this shambles of an amnesty bill comes out of the woodwork and into the open.

As far as I can see, there is only one single entity that wants this bill approved and that is PTP.

Even the red shirts hate it. Almost all other parties hate it. The man in the street hates it and 99% of foreign commentary is against it as proven on this very website.

How in the hell can it ever get approved? Yet I bet it does if that is what the PTP want.

All this for one exiled criminal who is more of a danger to this country and its constitution than he was when he was properly in power.

And just exactly when did the Shin "dynasty" ever give a real s**t for what the rest of the population think, regardless of colour?

Just wait & see what happens when Khun Thaksin steps off the plane as the returning hero of Thailand.. you ain't seen nothing yet!!

Not wanting to promote crime in Thailand but I do hope there's a bullet with his name on it, and one day when his guard is down he'll step in front of it!!

I don't think there is a guard good enough to stop it. Remember the black shirts were for hire.

[rice555]

She's a real doll, stuffed and empty headed.

rice555

[BlackJack]

So the Bill passes the first reading

then they think OK so far so good

lets slip a few more items in for the second reading

Ok so far so good

then slip in a few more for the 3rd reading and

DOH we forgot that other people are watching our magic disappearing act from back stage

http://www.adinnerguest.com/wp-content/uploads/homer_doh.png

[jcb2001]

Now it's time for Parliament and all the MPs to pack their bags and close shop. No more need for gov't legislation, as now, Thaksin is free to run the country as he pleases. Also, the Red Shirts can get lost, you are no longer needed either. And you don't think Thaksin is going to have a chip on his shoulder when he returns. Anybody associated with the opposition better watch their back. The new Thailand is coming and I'm not sure I like what I see.

Edited November 1, 2013 by jcb2001

[waza]

The last hope for a peaceful resolution

[MAJIC]

The only fair and Democratic way of dealing with this change of Constitution, is to give the people a Referendum.But the convicted exile, will never allow the people to decide his fate.