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Thread: Thaksin faces new court strife

  1. #11
    Visitor S Landreth's Avatar
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    Reformer supports law aimed at political office holders


    The National Reform Steering Assembly (NRSA)’s politics reformer, Seree Suwanpanont, has showns support for the controversial organic law on legal procedures against holders of political office. The legal expert insisted that rules adopted must go in accordance with the country’s context, which was to eliminate graft.

    The legislation has not been created to bully or discriminate against some particular people, he said. It had no impact over cases that had already been ruled on.

    The organic law would only affect people absconding from trials, Seree said. “It is not an infringement on rights or violation of the universal principles,” he maintained. “It depends on which principles we are talking about. But our country needs rules that suit our society or we won’t be able to deal with the rampant corruption.”

    The legislation covered the procedures in court for political office holders, Seree stressed. It would do nothing to penalise, increase penalties, or put the blame on the innocent, the legal expert said. Rather, the new legislation aimed to overcome weaknesses in the old procedures of the political office holders’ court, such as by suspending the statute of limitations for those on the run.

    If anyone questioned its legality, they could petition the Constitutional Court, Seree saidThe National Legislative Assembly passed the controversial bill on Thursday. The legislation would allow trials in absentia as well as suspension of the statute of limitations in cases where defendants were on the run.

    Critics suspected the legislation targeted fugitive former prime minister Thaksin Shinawatra and colleagues who have several cases ongoing in the political office holders' court.

    http://www.nationmultimedia.com/deta...itics/30320847
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  2. #12
    Visitor S Landreth's Avatar
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    Review of new law ‘unlikely'


    THERE IS ONLY a small chance that a joint committee will be set up to review a new law on procedures of criminal cases against politicians, a member of the vetting committee said yesterday.

    Udom Rathamarit, a member of the Constitution Drafting Commission (CDC) who sat on the panel that vetted the bill which was passed by the National Legislative Assembly (NLA) last week, said that he did not think the legislation was against the new Constitution.

    He said the Courts of Justice could raise concerns with the CDC regarding the law.

    The legislation was drafted by the CDC. It is among 10 organic laws needed to complement the new Constitution, which has been in effect since April 6.

    Judges have expressed concerns over the clause that allows trials in the absence of fugitive defendants.

    Before the NLA voted 176-0 to pass the bill last Thursday, Atikom Intarabhuti, secretary-general of the Courts of Justice, who is a member of the committee vetting the draft law, said trials in absentia are against a universal principle and international practice.

    Udom said that the Courts of Justice representative had raised the concern with the NLA during deliberation of the bill. “In the end, the majority of the NLA voted in support of the provision,” he said.

    The relevant agencies allowed to oppose the bill – the CDC, Constitutional Court and National Anti Corruption Commission – have no reservations with the newly passed bill, according to Udom. The Courts of Justice is not among those agencies

    A joint committee is formed when any of the relevant agencies disagree with the passed bill.

    “I can’t answer now as to whether a joint committee will be set up. In my view, there is only a small chance of that,” Udom said.

    Another member of the CDC, Atchaporn Charujinda said yesterday that as the Office of the Courts of Justice is not allowed to oppose the newly passed bill, the agency might seek a review through the CDC so that its request is forwarded to the NLA.

    http://www.nationmultimedia.com/deta...itics/30321004
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  3. #13
    Visitor S Landreth's Avatar
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    Pheu Thai lashes out at bill on criminal procedures for political post holders


    The Pheu Thai party on Tuesday (July 18) issued a statement to oppose an organic bill on criminal procedures for holders of political positions, saying it is against the principle of equality under the constitution and the United Nations’ Universal Declaration of Human Rights.

    The statement was made public in a press conference by acting party leader Pol Lt Gen Viroj Pao-in, secretary-general Phumtham Vechayachai and the party’s legal staff including Bhokin Bhalakula, Chusak Sirinil and Noppadon Pattama.

    In the statement, the party called for a review and amendments to some provisions of the bill, which was passed by the National Legislative Assembly (NLA) on July 13.

    It said the bill contravened Section 27 of the Constitution and Sections 7 and 10 of the UN’s Universal Declaration of Human Rights.

    The party raised objections to three main points. They are: the exemption of the statute of limitations to allow legal action to be proceeded specifically against political position holders; the provision empowering the court to try political position holders in absentia; and, the provision allowing the law to be enforced retroactively – which is against the rule of law.

    Mr Bhokin said the bill may lead to injustice and inequality in law enforcement. Allowing the court to run a trial against a defendant in absentia may cause injustice because it is necessary for that person to appear before the court to build confidence in the legal procedures, he added.

    Mr Phumtham, the party secretary-general, said the international practices and the rights of defendants should be taken for consideration in the drafting of a law to prevent mistakes.

    Mr Noppadon, a former foreign minister in the Thaksin Shinawatra government, said according to the international practices, equality must be adhered to in law enforcement. In his opinion, it is unfair to try a defendant in absentia and enforce a law retroactively.

    Mr Chusak said the party will submit its statement to international organisations on human rights for consideration.

    The party will also send a letter to ask Prime Minister Prayut Chan-o-cha to send the bill to the Constitutional Court for a ruling on its constitutionality before forwarding it to His Majesty the King for endorsement.

    On the run: http://englishnews.thaipbs.or.th/phe...-post-holders/
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  4. #14
    Thailand Lifer sabang's Avatar
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    How many of the rubber stamp NLA are lawyers, I wonder? Just highlights the rotten state of 'justice', the rule of law, and the 'judiciary' in this sad country. But it makes little difference frankly- the illegitimate 'Constitution' is moribund anyway. There is no way it will survive. Only a question of when- and how much further Thailand will fall in the process. It is unworkable.

  5. #15
    Quote Originally Posted by sabang View Post
    How many of the rubber stamp NLA are lawyers, I wonder? Just highlights the rotten state of 'justice', the rule of law, and the 'judiciary' in this sad country. But it makes little difference frankly- the illegitimate 'Constitution' is moribund anyway. There is no way it will survive. Only a question of when- and how much further Thailand will fall in the process. It is unworkable.
    We're headed toward a new absolute.

  6. #16
    Visitor S Landreth's Avatar
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    Pheu Thai raps, Democrats like plan for trials in absentia

    Top party figures deny protest Thaksin-linked


    Leading Pheu Thai Party members on Tuesday joined forces to protest against the draft of an organic law on criminal procedures for holders of political positions, which could revive four suspended cases against fugitive former prime minister Thaksin Shinawatra.

    However, Democrat Party Leader Abhisit Vejjajiva said the law is acceptable and many countries in the European Union also allow the trial in absentia of defendants.

    "It is normal that the Pheu Thai Party would disagree with the law. But I insist that I do not see anything that goes against the principles of justice," Mr Abhisit said.

    Pheu Thai Party's senior members released a statement protesting the draft of the law.

    Flanked by senior party members, Chusak Sirinil said, "The law is against the core principle of international human rights, and the constitution, that everyone is equal and entitled to receive legal protection."

    Other Pheu Thai members, including Phumtham Wechayachai, Pokin Polakun, Pol Lt Gen Viroj Paoin, the party's caretaker leader, and Noppadon Pattama, also a legal adviser to Mr Thaksin, were also at the press conference.

    The National Legislative Assembly passed the draft organic law on criminal procedures for holders of political positions on July 13.

    First, the law says the statute of limitations will not expire while a fugitive suspect is on the run.

    Mr Chusak, however, said, "It is against the intent of the law that any given case should be forced to a trial within a specific period because in the next 30 or 50 years, it is not possible to recover credible evidence such as documents or witnesses to testify."

    Secondly, the draft said the Supreme Court's Criminal Division for Holders of Political Positions can order a trial to proceed in the absence of a defendant.

    Mr Chusak said, "It makes the court's truth-verification process one-sided without hearing from the defendant. It is against the principle of equality."

    Pheu Thai's executives said their move is not related to backing for Mr Thaksin.

    However, if the law is enacted, it could trigger the resumption of four suspended cases against Mr Thaksin. They are the alleged corruption in the four-billion-baht loan of EXIM Bank to Myanmar, the two and three-digit lottery scheme, the amendment of satellite and mobile phone concession contracts, Krung Thai Bank's loan scandal involving the Krisda Mahanakorn group. A 772-million-baht land case in Ratchadaphisek resulted in a conviction and a two-year jail sentence for Mr Thaksin.

    Mr Pokin said the law should be reviewed, adding the court could prevent suspects from fleeing the country by refusing bail or banning them from leaving. Or the government can ask for extradition from the countries Thailand has agreements with, he said.

    "We have to ask ourselves why they did not send the suspects back to Thailand," Mr Pokin said.

    Thirdly, the Pheu Thai Party disagreed with the law being retroactive as cases which have gone to court before its enactment will also be affected.

    which could revive four suspended cases against fugitive former prime minister Thaksin Shinawatra : http://www.bangkokpost.com/news/poli...ls-in-absentia
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  7. #17
    Thaksin's Law

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  8. #18
    Quote Originally Posted by Mid View Post
    Thaksin's Law
    They thought they'd have had him banged up by now, especially trying to reel him in using Yingluck, someone's head will,roll if they don't snare him soon

  9. #19
    Quote Originally Posted by MrBlobby View Post
    They thought they'd have had him banged up by now, especially trying to reel him in using Yingluck, someone's head will,roll if they don't snare him soon
    It's obvious that he, and his sister, is just being used as a political pawn to justify most anything.
    They really know that he and his following aren't much of a threat, yet they'll promote it as so.

    The odds of Thaksin's return, in any circumstance, is nothing short of a token - that is, unless something terribly dramatic and sudden occurs.

  10. #20
    Visitor S Landreth's Avatar
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    Poll: Majority supports trial in absentia of politicians


    A majority of people agree with the bill on criminal procedures for holders of political positions, allowing the trial in absentia of politicians who are defendants in criminal cases, according to the result of an opinion survey by the National Insitute of Development Administration, or Nida Poll.

    The poll was carried out July 25-27 on 1,251 people, aged 18 and over, of various levels of education and occupations througout the country.

    The bill was passed by the National Legislative Assembly (NLA) earlier this month and is pending royal endorsement.

    A majority - 69.54% - agree with the bill's provision allowing the trial of politicians in criminal cases in absentia, reasoning that without the defendants' presence, the time granted by the statute of limitations in the cases may expire; 25.58% disagreed, believing that the accused should be given a chance to defend themselves; and the rest were uncertain or had no comment.

    Asked whether there should be a statute of limitations for cases involving political office holders, 48.44% said such cases should not have an expiry date to prevent defendants from fleeing the country and returning after the cases have expired; 47.96% said the statute of limitations should apply in politicians' cases, lilke in ordinary criminal cases, to ensure equality and to expedite the judicial process; and the rest were uncertain or had no comment.

    Asked whether the bill, if endorsed, should be enforced retroactively, a majority - 66.19% -agreed, saying that leaving a backlog of unsolved cases would damage the country; 26.78% disagreed, reasoning that retroactivity is against the core principle of the law; 2.72% said the matter should be considered case-by-case, depending on severity; and 4.31% were uncertain or had no comment.

    A majority of the respondents - 54.20% - believed the bill would help reduce corruption by holders of political positions to a certain extent; 24.70% said it would not be of much help; 13.59% said it would not be of any help because corruption is so deep-rooted in Thai society; and 7.51% were uncertain or had no comment.

    They have waived their rights: http://www.bangkokpost.com/news/poli...of-politicians
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