The Lawyers Council's Announcement Against Thaksin's Dishonest Petition
( Last edit 2009-08-22 )
On August 20, 2009 at the Lawyer Council, Rajdamnoen Avenue, Bangkok, Mr.Dej-udom Krai-rit, the President of the Lawyer Council and Mr.Sa-ngiam Boonjan the secretariat of the council, held a press release and an announcement regarding the petition on behalf of Pol. Col. Maj. Thaksin Shinawatra which was submitted to the Royal Secretariat Office (on August 17, 2009) to appeal to the King for justice and a Royal Pardon to Thaksin who was sentenced to two years imprisonment following a guilty verdict in the case of abuse of power in bidding for Ratchadapisek land. The petition has to follow the Royal Decrees governing the petition submission procedures 1913 in which Thaksin's petition would fall into the category of a request to the King for his Royal mercy to reduce the punishment which the court had sentenced but not contradictory to what the court had ruled. The Royal Pardon therefore is neither the rights of the convicted nor the fugitive criminals against the finalized court's verdict. Moreover, there is no law to approve such rights. [No matter any Thai Constitutions or International Declaration of the Human rights.]
Mr.Dej-udom said that what the red-shirts claimed as the petition was their legitimate right, is only their own self-interpretation. If ones unduly have the rights to override the courts' verdicts, turmoils would erupt nationwide. Those convicted would claim the rights not to be punished. However, if ones, sincerely believing, are to exercise their rights, ones have to do it solemnly. Millions of people recruited or supporters do not mean anything since if only one of those millions is unsincere, it would disqualify the whole list. Furthermore, the rallies of the supporters to refuse the verdict, on behalf of the fugitive, indicates concealed dishonest intentions.
Mr.Dej-udom continued that when the Royal Secretariat Office receives the petition, it does not mean that His Majesty has acknowledged the message because there are verification processes by the government who must carefully check. If the petition is undue or dishonest, it should not be accepted.
"The case of Pol. Col. Maj. Thaksin is a finalized criminal case in which the court's sentence must be duly accepted and the court system must be respected before appealing for a Royal pardon. Good civil servants under the Royal patronage of His Majesty must not avoid the responsibility to their own mistakes such as PanThai Norasing (A Thai ancient folk tale about a captain of Royal barge who accidentally broke the barge's head end but bravely sacrificed his life to preserve the integrity of the Royal law). Politicians must accept the sequels to their deeds like what happpened in civilized nations, for example, Mr.No Mu-hyon (Roh Mu Hyon), the former Korean President who committed suicide because of the allegations of corruptions by his family. When ones volunteer to govern the country, if for whatever false, either because of carelessness or intention, they must be brave and prepared to take the responsibility."
"The National Bureau of the Police also has the duty to revoke the police rank of the ex-police convicted while the Office of the Cabinet's Secretariat must recall the Royal decorations as stipulated by the laws".
The Announcement of The Lawyers Council
The Rules of Law and The Appeal For A Royal Pardon
The Constitution of Thailand BE 2550 (2009) Article 3, Clause 2, obviously stipulates, "The operations of the parliament, the cabinet, the courts, the constitutional organic bodies, and the states organizations have to follow the rules of law". This is the principal law to enforce upon all laws of all bodies as particularly stated "The Constitution is the highest of all laws of the country. Any other laws, acts, or regulations contradictory to this Constitution may not be enforced", in Article 6. In any case of the Constitution being inapplicable, such case must be judged according to the conventions of the Constitutional Monarchy as stipulated by Article 7. Such principles are main pillars for the peace of the society. All legal professions must realize their duties to carry out for the peace. The Lawyers Council sees the discrepancies and misunderstanding in the laws, particularly in the appeal for Royal pardon. There have been various responses in either agreeable and disagreeable groups. Therefore, the council issues this announcement for public educational purposes as follows.
1.Rules of Law
is the highest level of law enforcement accoding to the common law in each society, particularly Thailand where she uses substantive laws. The practices are to follow what have been stipulated. The appeal for Royal pardon must follow the regulations as governed by the relevant laws that is to solemnly accept the court's sentence, to accept the punishment, to properly submit the petition through the verification of the responsible state offices. This case is a specific matter for the convicted and may not be over generalized to accept other peoples to sign the petition, instead and on behalf of, the convicted as well as his next of kin.
2.The Principles of Good Faith
Any deeds aiming for juristic acts or legal bindings for legitimate results, must be carried out with honesty. Therefore, the signatures for whatever purposes must be sincerely signed in accordance with the wishes to honestly exercise the legitimate rights. The cover-up of the situations or behaviours or deceptions which may lead to misunderstanding of the essence of the facts, make the exercises of the rights undue. Those would make the acts illegitimate and voided. In particular, in recruiting supporters to sign the petition, they must be properly and truthfully informed of the causes and effects. Actually, it is not easy to effectively explain the laws about appealing for Royal pardon to millions of people in a short time. Therefore, any deeds which are borderline for dishonest exercise of the rights, may not be accepted as constitutionally fit to the rules of laws.
3.The Properties of the Petitioner
To appeal for a Royal pardon, it is the direct responsibility of the person who possesses the sets of properties which are obviously stipulated. If the people who carry out the petition is neither related nor the convicted currently under punishment himself, the petition is unacceptable for consideration.
4.Appeal For Royal Intervention
This case may later be changed from an appeal for a Royal pardon to an appeal for Royal intervention (fairness) by millions of petitioners which submit an appeal for fairness, not an appeal for Royal pardon. However, appeals for Royal intervention also need rules of law. Appeals naturally arise from the causes of sufferings which must directly belong to the sufferers themselves or their own communities such as appeals for Royal assistance for extreme poverty, out of jobs, being orphanage, crippled from accidents, lost from acts of nature, or unjust treatments by state officers. All of these appeals have long received mercy from His Majesty the King. The Lawyers Council also had some chances to serve His Majesty the King in several occasions as the Royal secretariat in several cases passed the Royal requests to the council to successfully help out people in legal aspects.
5. Ethics of Legal Professions
Any legal professions have regulations for ethics and manners as the baseline for living. Members of the parliament also have regulations for ethics not to associate with wrong-doers. Since they are law makers, they can not intervene the work of the justice system except through the parliamentary committees with direct responsibility. Any expression of sympathy for anyone by bureaucrats or state enterprise employees is within a certain boundary rules and regulations of ethics. In particular, officers may not oppose against courts' final verdicts in favour of any convicted.
Lastly, the Lawyers Council wishes to see the unity with understanding of the situation, facts and the laws of all parties which would seriously comply with the laws in order to be a good example for the next generations. There should be fewer prejudices and attempts to mislead people of less prestige who may be less informed.
The Lawyers Council believes that if everyone intends to make the country peaceful and secured with further development of the economy, society and politics, everyone would carry out in accordance with, and let the law enforcement comply with the rule of laws as stated above.
The public noteworthy statement is therefore announced herewith.
President of the Lawyer Council
July 31, 2009
Thaksin's Court Contempt
Lawyer's Council's Announcement on Thaksin's Lies