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Published on February 28, 2008

Thaksin Shinawatra's scheduled return this morning to fight corruption charges has received a mixed reaction. Supporters, including members of the ruling People Power Party, greeted the news with jubilation and planned to give him a red-carpet welcome, while detractors cringed in dismay at what they see as the former prime minister beginning a political comeback. But fair-minded, democratic people should welcome Thaksin's giving himself up to the authorities to stand trial before the Supreme Court's Crime Division for Holders of Political Positions. He stands charged in connection with the controversial purchase by his wife, Pojaman, of a prime piece of land in Bangkok's Rachadapisek area from the Financial Institutions Development Fund (FIDF) in 2003.

Thaksin will also answer to a charge brought against him and his wife by the Department of Special Investigations (DSI) for alleged concealment of their shares in SC Asset Corporation, a publicly-listed property development company. Both the Supreme Court and the DSI have issued warrants for the arrest of Thaksin.

Upon his arrival in the country, the former prime minister should be taken into custody by law enforcement officials. The Supreme Court and the DSI will then decide whether to grant him temporary release on bail. As a Thai citizen, Thaksin has the constitutional right to the due process of law and will be presumed innocent unless proven guilty, just like any other criminal suspect.

The Samak government must strictly adhere to its promise not to interfere with the legal proceedings, so that justice will run its course.

The government must do its utmost to prevent potentially violent confrontations between pro- and anti-Thaksin demonstrators. Other than that, all Thai citizens must put their trust in the country's criminal justice system.

Thailand has just reverted to democracy after more than a year of military rule. The country is now faced with tough challenges, and the collective ability - or lack thereof - to resolve the politics of polarisation will determine the future of our chosen political system.

The hallmarks of a healthy democracy include its ability to avoid potentially destructive and confrontational politics. The mass demonstrations for and against Thaksin that happened in the past, and which may well happen again in the future, should not be allowed to degenerate into violence.

Even at the height of confrontation at the beginning of Thaksin's downfall, both pro- and anti-Thaksin demonstrators showed remarkable restraint. Surely there is no reason why people who want to exercise their constitutional rights to freedom of peaceful assembly and freedom of expression cannot do so again - if and when they choose to take to the streets to express their views. After all, peaceful demonstration is one of the most obvious signs of a well-functioning democracy.

On a positive note, the series of political crises over the past few years that culminated in the September 2006 coup have awakened the usually apathetic public. Provided that the right lessons are learned - including the realisation that the use of undemocratic means to resolve political crises must never again be allowed to happen - our democracy can only grow in strength.

Thais, regardless of their political affiliation, must nurture democracy and learn how it can be made to work the way it is intended. People know that when a government starts to tamper with the rule of law, undermines democratic institutions, rolls back civil liberties and commits human rights violations, they can take their grievances to the ballot box. They can also take their fight to the streets against a government that has lost its legitimacy to rule.

The security forces have done a remarkable job throughout these tumultuous times. They have been able to keep peace and order while  maintaining a high level of restraint and discipline. They must keep up the good work and not allow themselves to be used by the powers-that-be to violently suppress peaceful demonstrators.

It may well be true that Thaksin's return is fraught with conspiratorial overtones. But the Thai public must look beyond that and insist upon seeing to it that justice is done and the supremacy of the rule of law prevails.

The Nation