Thursday 17 November 2011

Fury, scorn erupts over decree plan Kaewsun slams draft as 'unconstitutional'

The government's proposed royal pardon for convicts has sparked an outcry from many quarters, with critics pouring scorn on the draft allegedly designed to prevent former prime minister Thaksin Shinawatra from serving a jail term.

The anti-Thaksin People's Alliance for Democracy said it will meet soon to decide what action to take against the proposed pardon.

Speaking to supporters in the United States, the alliance co-leader Sondhi Limthongkul deplored the pardon plan which he said has piled pressure on the monarchy.

Mr Sondhi claimed the Pheu Thai Party was blatantly trying to destroy the rule of law by using the proposed pardon as a pretext. He said Pheu Thai and the coalition parties are teaming up to undo the wrongs of Thaksin.

"This is the most despicable act," he said.

Mr Sondhi said the PAD would "not sit idly by".

"We're studying the substance of the decree and we will meet to decide our moves at the first opportunity," Mr Sondhi said.

The PAD's statement came as nearly 20,000 people signed up to a Facebook account opened by well-known television news anchor Kanok Ratwongsakul yesterday to voice opposition to the decree.

Some of the opponents suggested in their online message that a mass rally be organized to oppose the draft.

Kaewsun Atibhodhi, a former investigator into corruption during the Thaksin government, and his Siam Samakkhi group also protested against the royal decree proposal.

The Supreme Court sentenced Thaksin to two years imprisonment for helping his wife purchase a plot of government land off Ratchadapisek Road in 2003.

Thaksin fled the country before the Supreme Court announced the jail sentence in 2008.

Thaksin has never served time in jail. Mr Kaewsun said the royal decree was unconstitutional because it ran counter to the court's ruling.

He said the royal decree was designed to benefit Thaksin because the ban on convicts found guilty of corruption was excluded. Earlier, convicts prosecuted for corruption were not eligible for a royal pardon.

"How dare you exercise the limited power of the executive to overpower the judiciary for the interest of one man," Mr Kaewsun said.

He said the tactic was worse than he could imagine because it dealt a blow to the power of the judiciary and intentionally violated the constitution.

Government sources have said the draft was expected to benefit some 26,000 jail convicts on the occasion of His Majesty the King's birthday on Dec 5. But critics claimed the decree was designed more to benefit Thaksin because it did not exclude persons convicted for corruption.

Mr Kaewsun called for the whole cabinet to be impeached, saying if it stayed, it would amend the constitution to free Thaksin from many other corruption cases. 

He also recommended Prime Minister Yingluck Shinawatra be impeached and said that as the prime minister, she could not deny responsibility for the planned decree.

Senator Somchai Sawaengkan joined with the Siam Samakkhi Group, saying he had not expected the government to push for the royal decree while so many people were suffering from the flood disaster.

He warned that the movement would cause a political crisis in addition to economic and social crises already resulting from floods.

Academic Somsak Jiamtheerasakul said on his Facebook account the government should exercise laws for the public interest instead of that of an individual. 

He said many Pro-Thaksin red shirt protesters had not been treated fairly. It was not right for the government to draft the decree to help Thaksin. "What benefit would millions of flood victims get from this decree?" he said.

Decree plan furore

Democrats argued the draft would undermine the justice system and divide society further.

Democrat chief and opposition leader Abhisit Vejjajiva said the planned royal decree would undermine the justice system as it would allow Thaksin to go free without serving his jail term.

By allowing people convicted of corruption to benefit, the government was sending a signal that corruption was acceptable, Mr Abhisit said.

He said the royal decree proposal was issued particularly to benefit Thaksin and Prime Minister Yingluck could not deny her responsibility for the issue although she had not attended the cabinet meeting that discussed the decree on Tuesday.

Mr Abhisit confirmed that his party would fight the proposal to the end as it would bring about national disunity. His party will question the prime minister on the issue in the parliament today.

He said Thaksin might want a royal pardon because he wanted to return to Thailand on Dec 7 and attend his daughter's wedding on Dec 12.

Prime Minister Yingluck claimed she had had no knowledge about the meeting on Tuesday because she went upcountry on that day. She said, however, any action taken by the government would be lawful and fair for everyone.

Deputy Prime Minister Chalerm Yubamrung insisted on the legality of the proposal but declined to elaborate on it, saying the issue was classified and its details have not been finalized.

He said the Justice Ministry would form a committee to work out the details.

He said the government would then have the Council of State scrutinies the details before forwarding it to His Majesty the King for approval.

He expressed his dissatisfaction with some ministers who leaked the cabinet's resolution on the royal decree to the media on Tuesday.

Foreign Minister Surapong Tovichakchaikul yesterday admitted the cabinet excluded the condition that required convicts eligible for a royal pardon to be free of corruption and drug convictions. 

He said the previous Democrat-led government had added the condition and his government had the right to exclude it.

He said the cabinet had the power to issue the royal decree without having to seek approval from the parliament.

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