Court notes 7 points of concern in Thai charter draft

[webfact]

Court notes 7 points of concern in charter draft
THE NATION

BANGKOK: -- THE Supreme Court raised seven points yesterday on which it said it differs with provisions in the new charter draft.

The Supreme Court president chaired a joint meeting of the Judicial Service Commission (JSC) and the Judicial Administration Commission (JAC) on Monday. After five hours, secretary-general of the Office of the Judiciary, Phattarasak Vannasaeng, announ-ced the seven areas on which the court held differing opinions.

The court opposed provision 225 that allows one-third of "outsiders" to become members of the JSC. It said this would pose a threat of political interference to the justice system. The previous charter allowed only two outside specialists in the commission.

The court also opposed allowing members of the JSC to serve only one term, as it needs highly experienced people to help judicial work.

Provision 22 was another issue that the court did not approve of. Its stipulated a powerful committee tasked with deciding which court should get to hear particular cases. The previous charter allowed the Supreme Court president to chair this committee - but the provision did not clearly state that the president was the chair, leaving a chance for an outsider specialist to chair the committee and give him or her an opportunity of learning details of court cases. The court insisted yesterday that this authority should remain with judges.

The court also wanted changes to provision 240 - allowing political office holders to appeal against rulings of the Supreme Court's Political Division for Political Office Holders without requiring new evidence related to cases. But it said political officer holders must seek appeals in person, not by their lawyers.

The court said this was to conform with the United Nations' International Covenant on Civil and Political Rights, which allows people standing trial to have the right to appeal a court ruling at least once.

The court also said that Article 241 lacked clarity over whether the Appeals Court has the authority to recall an order for a new general election. Article 241 also did not stipulate the appeal of cases when revoking election rights - and cases in which political officer holders fail to submit asset declarations, actions that might cause them to lose the right to appeal against a decision.

The court also opposed provision 219, as the draft allows people to petition the Supreme Court to fight disciplinary punishment decisions. The Judicial Service Commission had this power in the former charter.

The court suggested that Article 218 include a timeframe for every stage of justice procedure.

The final issue was about retirement age of judges in Article 226. The court wanted clarity by stating that judges retire at the age of 65 and continue to serve as senior judges until they were 70 - allowing judges who were 60 to voluntarily apply as senior judges. They opposed having senior judges hear cases only in lower courts as they were very experienced.

Deputy PM Wissanu Krea-ngam said he agreed with some points raised, as they were "matters of life and death".

He couldn't understand why did not object to the Supreme Court president's term, he said.

Source: http://www.nationmultimedia.com/politics/Court-notes-7-points-of-concern-in-charter-draft-30258475.html


-- The Nation 2015-04-22

[rametindallas]

Since it would be against forum rules, I will just call the new charter a 'piece of work'.

[fred Kubasa]

Considering there are 18 committees reviewing this constitution and it has over 350 sections, it is unlikely any reader will be alive for it's acceptance.