Puppet Yingluck's Reign
Protesting Thaksin's Laundering Legislation
( Last edit 2012-05-30 )
PAD is holding a rally to protest the deliberation of drafts of Reconciliation Act, at King Rama V Plaza, at 13:00 of May 30, 2012 after which we would proceed to the parliament at 15:00. PAD will submit a letter to to the Speaker of the House of Representatives to cancel the deliberation of all the drafts of Reconciliation Act. The matter of the letter is as follows.
PAD 004/2555 (AD2012)
People's Alliance For Democracy
May 30, 2012
Title: Please Abandon Enactment of the Amnesty Law for Politicians
To: The Honourable Speaker of the House of Representatives
Following the order of the speaker of the house of representatives to specifically convene on Wednesday May 30, 2012 between 15:00 and 21:00, and on Thursday May 31, 2012 according to the urgent letter of sp0014/p59 dated May 25, 2012 by Mr.Watcharin Jomplapon, vice secretariat of the house of representatives, acting for the secretariat of the house of representatives, addressing to members of parliament, admitting the draft of Reconciliation Act BE... proposed by General Sondhi Boonyaratklin and company, in to the number 27 on the urgent list for the parliament's deliberation, as well as admitting the other drafts by MPs from Pua Thai party and by a group of people namely the United Front For Democracy Against Dictatorship (UDD),
PAD has examined such drafts of Reconciliation Act BE... and found the following problems as follows.
1.Whereas the principles and rationales of these drafts claim reconciliation and unity to create peace, actually such drafts are only designed to nullify the past guilts of certain people, one of whom has been convicted by the Supreme Court and finalized up to 2 cases. Such cases include offences against the National Anti-corruption Act and seizure of the assets from abnormal wealth as well as possessing and using military weapons among this government's supporters while rallying, and the sentencing to ban political parties because of politicians' electoral frauds.
The nullification of such crimes cannot lead to reconciliaton but instead would wedge more national divisiveness of the people because only certain politicians or some government's supporter groups who violated the criminal law would prejudicially benefit over other convicts by the majority vote in the parliament. Also, this nullification of the crimes is without accepting guilt and thus would in the future jeopardize the morality of the country.
2. The drafts of Reconciliation Act BE...have indefinite jurisdiction, and is without clear definition of the offences involving political rallies or types of cases to be within political cases according to the rationales of the Act.
Moreover, article 5 which mentions the people who may be affected by the announcements or orders of Council for Democratic Reform, is not clear and widely involves various organizations which have indefinitely proceeded. Because the orders of CDR included: announcements to appoint Members of Parliament of Legislature which have enacted a lot of laws; announcements to appoint Members of Parliament of Drafting Constitution which have passed the majority vote in a national referendum; announcements to appoint the National Counter Corruption Committee; announcements to appoint the Scrutinizing Committee for Acts That Damage the State; announcements to appoint the Electoral Committee which has carried out several elections, etc. If such enactment allows any people to claim to be affected by such announcements or the results, there would be chaos and unrest which would destroy all of the past legislative processes.
3. The drafts of Reconciliation Act BE...encroach as much as nullification of the verdicts of the Supreme Court for Political Posts Holders, and the verdicts of the Constitutional Court, thus, destroying check and balance system by the court. The drafts benefit politicians themselves and their cronies, thus, annihilating the legal state and rule of law. The drafts would unduly and unfairly repay forfeited assets as sentenced by the Supreme Court Political Posts Holders Section, to the convicted Thaksin Shinawatra.
4. The drafts of Reconciliation Act BE...are found to be contradictory to several articles of the Constitution. Therefore, the Parliament is carrying out dismantling of court's verdicts and, treating people with inequality, thus, against the rule of law and articles 3 and 30 of the Constitution.
Moreover, several government coalition's MPs and other politicians would benefit directly from the Act, creating conflicts of interests which is an offence as stipulated by article 122 of the Constitution. Additionally, they would nullify and unbind Constitutional Court verdicts from the Parliament and the cabinet or other state bodies which is a violation of articles 216 of the Constitution, and and 309 of the 2006 interim Constitution.
5. The drafts of Reconciliation Act BE...violate several articles of the Criminal Code, apart from the offences of undue execution or negligence of the duties. They help suspects under interrogation or convicted fugitives to flee from being arrested and detained under the authority of courts, attorneys, criminal investigative officers, thus violate articles 157, 191 and 192 of the Criminal Code.
Moreover, the drafts would launder severe criminal offenders such as in terrorism, Lese Majeste, arson, and assault or murder the officers on duty which the law has established for public interests, peace and order. The nullification by the drafts would mean encouragement for violation of the law, peace and order, thus, annihilating of the national unity and the legal pillars of the country.
Despite that PAD may also benefit from this Act, in fact, PAD never demands nor wish amnesty legislation because the cases which PAD core leaders and protesters have been accused are harassment and imposing falsified charges by unfair state officers under all politicians' influences. However, PAD choose to continue fighting in the justice system to proof our innocence because the justice system in the court as well as the court's verdicts can be better fact-finding proves than political or falsified accusation by state officers.
Therefore, if PAD is not guilty, our innocence will be proved in the court's verdicts which would enable criminal and civil prosecution back against state officers in the justice system. Contrarily, if PAD is guilty as charged, we would deserve punishments according to the verdicts.
Therefore, if politicians and all political groups learn to sacrifice and follow this path, the society would set the right standard for the future. Then, the justice proceeding system would remain and reconciliation would be truly established and sustainable.
One of the causes of the problems in the society nowadays arises from unprovable accusation. If there is a laundering process for all past crimes without proving who commit them, the criminals would never regret, the society would not learn and the crimes would perpetually recur several folds more severely.
If unlawful violation can be laundered with the parliamentary vote of approval of such drafts, more corruption would be expected. So do more violent protest and more deadly military weapons as well as state officers' increasingly violent dispersal with more fatal weapons. The society would step in to cataclysm. The country would become anarchic because the power holders would never be punished for whatever crimes they commit.
Such process is certainly undemocratic but a dictatorship through an election and self-satisfying legislation to benefit themselves and their crony. If allowed, the society would be more divisive and broken. More street fighting outside the parliament would be more often and violent. Government with legal state would not be possible.
With the above reasons, we wish you cancel the deliberation or the approval of all drafts of Reconciliation Act BE... and inform the sponsoring MPs to withdraw the drafts, in order to protect the priniciples of legal state and rule of law. As well, please immediately inform the MPs assembly to stop violation of the law as described above, for the sake of actual peace and unity of the citizens of the nation.
For your consideration,
Major General Chamlong Srimuang
Core Leaders of People's Alliance of Democracy