BAN ON POLITICAL ACTIVITIES
Loophole could benefit TRT execs

Blanket lifting of ban could restore politicians' electoral rights: judge
The process leading to the lifting of the ban on political-party activities needs to be carefully thought out or it could prejudice the removal of 111 Thai Rak Thai Party executives from the electoral process for five years, a Constitution Tribunal judge warned yesterday. "We have to wait and see whether the party executives linked to the conviction on electoral fraud will escape punishment," said tribunal judge Nurak Mapraneet. Nurak was commenting on the government's plan to lift the ban on party activities in the next few weeks. The junta enacted the ban following the September coup and the government would have to sponsor a draft bill to repeal it. In its verdict on Wednesday, the Constitution Tribunal found Thai Rak Thai guilty of electoral fraud and sentenced its executives, including ousted premier Thaksin Shinawatra, to stay away from politics and banned them from "forming or managing" a new party for five years. However, Nurak said that if authorities were to make a blanket lifting of the ban on party activities, then the 111 Thai Rak Thai executives' right to participate in the electoral process would be restored. This is because both the ban on activity and the punishment of electoral offenders are wrapped up in the same junta announcements from last year. "It is an accepted legal principle that if new legislation is deemed beneficial to offenders, then it must be applied retroactively to those penalised by the cancelled law," he said. He suggested the authorities exclude the junta's edict on punishment from the draft bill to cancel the ban on party activities. In regards to Wednesday's decisions on two electoral fraud cases involving the Thai Rak Thai and Democrat parties, Nurak said the individual opinions of the nine tribunal judges would be published in the Royal Gazette on Tuesday. He said the judges had reached a unanimous decision to convict Thai Rak Thai and acquit the Democrats. For sentencing, the judges voted six to three to remove the executives of the convicted party from the electoral process. The ban on political-party activities might be lifted within the next few weeks pending a review by the junta, Prime Minister Surayud Chulanont said yesterday. "The junta's Announcements No 15 and 27 on banned party activities will be cancelled in order to improve the political atmosphere," Surayud said in reference to anxiety triggered by the dissolution of the Thai Rak Thai Party. Council for National Security (CNS) chairman General Sonthi Boonyaratglin has asked for a week or two to consult legal advisers before cancelling the ban, he said. Commenting on the situation following Thai Rak Thai's dissolution, the prime minister said he was concerned about the anti-coup rally organised by PTV executives, seen as staunch supporters of ousted premier Thaksin Shinawatra. "I believe issues relating to political parties have been sorted out [by the judicial process], although I am still worried about the PTV rallies," he said, referring to a brief confrontation between protesters and policemen on Thursday night. He called on members of the public to carefully study the verdict on the former ruling party instead of falling prey to ill-intentioned elements. "The Constitution Tribunal has outlined the cause for party dissolution; what happened is not a thing that could happen without justification," he said. Surayud added that all sides should focus on advancing the country forward under democratic rule instead of continuing to harbour grudges. He said former Thai Rak Thai executives could pursue their political activities within the law. In regard to a plan to petition His Majesty the King for a royal pardon, he said the judicial decision should be respected by all the relevant parties, otherwise the political turmoil will never end. Democrat Party spokesman Ong-art Klampaiboon said the CNS and the government should lift the ban as soon as possible in order to bring the country back to normal. Chat Thai Party deputy leader Somsak Prissanan-anthakul said his party supported cancellation of the ban on party activities.
|