Lawyers Council of Thailand's Announcement
The Case of a Convicted by Thai Court of Justice Who Fled and Distributed a Statement with Distorted Facts
The distribution of a statement through various media both domestic and foreign by Pol. Lt. Col. Thaksin Shinawatra who has been convicted by the Supreme Court's Criminal Division for Holders of Political Positions for a two-year imprisonment, to inform both domestic and foreign mass media, shows a crucial intent to provide false information to the audiences such that "for why the court convicted him was because he was a politician who was so successful as to be a Prime Minister for two terms".
The Lawyers Council considers such acts as an intention to commit a court contempt and a disrespect to the Thai judiciary system despite of his best opportunity to defend the case. The Lawyers Council, threfore, release this announcement to condemn such acts as follows.
1. Pol. Lt. Col. Thaksin Shinawatra, having a Thai nationality, was a defendant in a criminal case which underwent an adjudication by the Supreme Court's Criminal Division for Holders of Political Positions. The court which holds the righteous jurisdiction, having carried out a deliberation of the indictments and the defendants' statements including the testomonies by litigants' witnesses, reached a guilty verdict upon Pol. Lt. Col. Thaksin Shinawatra and sentenced him to a two-year imprisonment.
The processes were duely according to the laws and the Procedure Code of the Thai Judiciary which Pol. Lt. Col. Thaksin Shinawatra was aware. Even during Pol. Lt. Col. Thaksin Shinawatra's Prime Minister's term, several other ex-ministers were convicted by the Supreme Court's Criminal Division for Holders of Political Positions, without a chance of appeal as the verdicts had been final, following the enforcement of 1997 Constitution of the Kingdom of Thailand.
Whereas with 2007 Constitution of the Kingdom of Thailand, Pol. Lt. Col. Thaksin Shinawatra, the currently convicted by the Supreme Court and a fugitive on-the-run still has the rights to appeal to the plenary session of the Supreme Court justices before November 20, 2008. Evidently, for this, the latter constitution is more generous than the 1997 Constitution. Pol. Lt. Col. Thaksin Shinawatra, therefore, cannot excuse himself to the public on such claims. His claims may not be considered otherwise, apart from words of a politician who does not respect the country's laws, and words of groundless, unreasonable and unworthy to accept.
2. As for Pol. Lt. Col. Thaksin Shinawatra's claimed that the Supreme Court's Criminal Division for Holders of Political Positions convicted him because he was a politician, he must have known well from the very beginning when he got into politics as the leader of Thai Rak Thai party, that there have been cleary stated legislations in the Constitution and Code of Procedures for the proceedings upon Holders of Political Positions for the Supreme Court's Criminal Division for Holders of Political Positions to be applied to any Thai politicians who were extensively committing corruptions.
As for Pol. Lt. Col. Thaksin Shinawatra's claimed that he and his party won the majority twice, he did not explain how he won the elections and whether or not the majority was fairly won by democratic exercises like in Britain or other countries. Also, he did not explain why his party was disbanded according to the verdict of the Constitutional Tribunal in which Pol. Lt. Col. Thaksin Shinawatra had once been narrowly acquited for the indictment of hiding his shares.
3. Lawyers Council has an opinion that both 1997 and 2007 the Kingdom of Thailand's Constitutions' designation of forms of adjudicaton to suit politicians are well-finalized matter of facts for over ten years since there have long been extensive corruptions both direct and indirect as well as conflicts of interests. Therefore, the courts must possess swift proceedings for the holding of political positions are as short as four years. If usual proceedings for criminal cases were to be applied, it could be too late and the nation would have lost as much as ten or hundred thousands of millions bahts without a chance to recover it. Consequently, the presence of the Supreme Court's Criminal Division for Holders of Political Positions has helped speeding up adjudication by as many as nine experienced and qualified senior Supreme Court judges whom had undergone a selection by a plenary session of the Supreme Court judges. Any politicians like Pol. Lt. Col. Thaksin Shinawatra had their best opportunities to defend in fair trials.
4. Pol. Lt. Col. Thaksin Shinawatra may not claim that there was no law against him. Actually and all along, there have been such laws, into which the court looked. For Ratchadapisek land auction, there is no politician in any developed or developing countries who would commit such actions of allowing the spouse or relatives to purchase state's lands. Pol. Lt. Col. Thaksin Shinawatra must understand that politicians must not have conflicts of interests. It is not justifiable that politicians, once being candidates, later turning to have political power in their hands, would be able to do anything followed by such acts of turning to attack the judiciary system. Those are nonsense, desperate and unacceptable by the world.
Pol. Lt. Col. Thaksin Shinawatra must know and follow the Office of the Prime Minister's Regulations for the Moral and Ethical Standards of Political Civil Servants 2000 article 12 which states that "Political civil servants must not use their status or their political civil servants positions to earn unjust benefits, for themselves or for others, no matter valuable assets or else." Since, the ethical rules have already been present all along, therefore, Pol. Lt. Col. Thaksin Shinawatra has to ask himself for whether or not he followed them and if not Why?
5. Lawyers Council has an opinion that the Minister in the Ministry of the Office of the Prime Minister who has the authority to order and control the Public Relations Department must carry out its duty according to the Prime Minister's Regulations for the Code of Ethics of Political Civil Servants 2008
article 25 which states that "Political civil servants must not use or distort the state's information to mislead or for their or for others' benefits.";
article 26 which states that "Political civil servants must protect state's assets and utilize state's assets according to the due purposes only."; and
article 28 which states that "Political civil servants must not get acquainted to or support the outlaws or any people of corrupt behaviours."
This regulations has been enforced since 2000 and revised in Samak Sundravej's government on August 22, 2008. Therefore, broadcasting or permission to release the news of the state's station must not directly or indirectly assist any convicted.
In addition, if the case of Pol. Lt. Col. Thaksin Shinawatra is finished, the National Police Office which is the original affiliation which had issued the rank of "Police Lieutenant Colonel" must remove the rank of and dismiss Pol. Lt. Col. Thaksin Shinawatra because he has been convicted and sentenced for jail immediately, while at the same time, the Office of the Secretariat of the Cabinet must quickly revoke all the decorations since Pol. Lt. Col. Thaksin Shinawatra's acts of court contempt may not be accepted. Consequently, he should no longer deserve any rank or decorations.
Lawyers Council as a professional organization in the judiciary system, having considered the acts of Pol. Lt. Col. Thaksin Shinawatra a willingful intention to commit a disrespect to the Thai judiciary system and to mislead foreigners in the transparency and the just of Thai courts, therefore, issues this announcement to relevant persons and officials to sharply and duly execute the duties.
Lawyers Council of Thailand's Announcement
October 31, 2008
Another Counter on Thaksin's Attack of Thai Judiciary