People's Alliance for Democracy
Respect To The Verdict Of The Constitutional Court In The Case of Politician's Violation Of Article 68 Of the Constitution And The Full Fledged Movement To Protest Reconciliation Act
( Last edit 2012-06-07 )
On June 6, 2012 at Pra Arthit house, Mr.Panthep Puapongpan, the speaker of PAD, announced the results from the meeting of the core leaders of PAD earlier that day titled, "Respect To The Verdict Of The Constitutional Court In The Case of Politician's Violation Of Article 68 Of the Constitution And The Full Fledged Movement To Protest Reconciliation Act" as follows.
1. PAD issued the Announcement No.2/2012 according to the resolution from PAD members' assembly on March 10, 2012 in which the article 3 stated, "
3.We insist that a major rally remains to be PAD's tool for the movement under following conditions.
3.1 Any actions, no matter constitution amendment or law enactment which may lead to alteration of the structure of Royal institution or decrease of His Majesty's Royal authority.
3.2 Any actions, no matter constitution amendment or law enactment which may lead to amnesty to the convicted Thaksin Shinawatra and the crony.
3.3 When the situation of the country becomes appropriate for the people to proceed to a major change of the country.
With such three conditions above whenever occur, PAD shall immediately organize a major rally."
Consequently, since PAD considers the drafts of Reconciliation Act would obviously launder Thaksin and his crony, it matches the rules of engagement for PAD to come out to rally. PAD's core leaders thus executed the pledge which has been given to brothers and sisters with the rally between May 30 and June 1, 2012. The rally was uneventful and successful.
2. Althouth the amendment to abolish the 2007's Constitution is believed to eventually lead to laundering of the convicted Thaksin and crony, it is still an expectation, analysis, and forcasting of future events which have not taken place. Therefore, it does not fit the rules of engagement to rally.
However, this current constitutional amendment would be more or less an abolishment of the 2007's Constitution which could be terminated with the laws. Thus, PAD has expressed opposing stance in PAD Announcement No. 1/2012 dated February 22, 2012, declaring the measures as follows.
"Filing criminal charges against political post holders, filing revocation of political parties, impeachement of MPs, senators, and the cabinet who are involved in this constitution abolition, would be carried out by Mr.Suwat Apaipakdi, PAD's lawyer."
After that, On April 26, 2012, PAD filed complaints to three bodies as follows.
1. To the Attorney General to forward to the Constitutional Court in order to issue an order to cease such amendment, to disband the party(ies), and to prohibit the voting right of the violators.
2. To the Electoral Committee to disband the party(ies), and
3. To the National Counter Corruption Committee in order to file criminal charges against the 416 politicians who could be subjected to the maximal penalties of death if found guilty as charged.
Moreover, members of parliament should aware that personal or party's agreement and disagreement with the Constitutional Court are only opinions which are inconclusive. In contrast, article 216 of the Constitution stipulates the binding of the Constitution Court's verdict as follows.
"If the Constitutional Court orders any party to cease such deeds according to the second clause, the Constitutional Court may also order a disband of such party."
Therefore, the third round vote to abolish the constitution is still in the jurisdiction of the Constitutional Court which all parties have to respect and wait for the verdict. The exception is if definitely there is a text of the draft constitution to launder Thaksin and crony, PAD will immediately rally. Any deliberation by the parliament, if against the Constitutional Court's order to temporary hold, would subject each individual member of parliament to the risk of one's own. If members of parliament are so stubborn to cast the vote to abolish the 2007's constitution in the third round, it would be the Constitutional Court's decision to proceed.
No matter what happens, PAD insists that, as soon as the drafts of Reconciliation Act are brought into the parliament assembly's agenda, we shall protest at our best and we shall immediately step up the rally against the government for their responsility.
People's Alliance For Democracy,
June 6, 2012,
Pra Arthit House.