NACC unanimous: 44 ex–Move Forward MPs faulted in lèse-majesté law amendment case

A high-ranking source at Thailand’s National Anti-Corruption Commission (NACC) disclosed details of the NACC’s board meeting on Monday (February 9), amid reports that it would vote on whether 44 former Move Forward Party MPs had committed a serious breach of ethical standards by signing a proposal to amend Section 112 of the Criminal Code (Lèse-majesté law).

Most recently, reports said the NACC had unanimously resolved that the 44 former Move Forward Party MPs had committed wrongdoing. Further details will be provided later at a press briefing or in an official news release.

Previously, reports said that today’s NACC meeting began in the morning, with two main agendas:

First, an agenda concerning Ekkawit Watchawalku, an NACC commissioner accused in connection with an alleged gold bribery case, and a petition seeking to bar him from performing his duties.

Second, an agenda concerning the 44 former Move Forward Party MPs. This agenda was submitted as a “confidential agenda”, and the meeting therefore proceeded in closed session, meaning details could not be disclosed.

The source said the agenda concerning the 44 former Move Forward Party MPs was discussed during the morning session, but no conclusion was reached, because it was entangled with Agenda 1 relating to the petition against Ekkawit.

The issues, therefore, had to be considered together, and discussions were to continue in the afternoon.

As for the possible approach that could occur today, there were two scenarios: (1) the NACC would issue a final decision on both agendas, or (2) it would postpone the vote and appoint a smaller working group to examine additional details, both factual and legal, either for both agendas or for one agenda.

Both matters are highly sensitive, particularly the agenda involving the 44 former Move Forward Party MPs, because it is based on the Constitutional Court ruling in the case that dissolved the Move Forward Party, which already sets out both facts and legal grounds comprehensively.

At the same time, the timing of any vote, overlapping with the post-election period, also needs to be considered, as it is sensitive in another respect.

If a vote were to take place this afternoon, possible outcomes regarding the Move Forward MPs include:

• A finding of wrongdoing for breaching ethical standards in full, after which the NACC would forward the case to the Supreme Court for further adjudication in accordance with procedure.
• A partial finding of wrongdoing for breaching ethical standards, distinguishing conduct that may violate the law and ethical standards, for example, whether an individual was a key initiator of the Section 112 amendment, merely co-signed, or had other accompanying conduct beyond proposing the amendment through parliamentary process, such as joining political rallies or acting as a guarantor for defendants in Section 112 cases.

The source added that the afternoon meeting had not yet determined whether the NACC would vote today, and if it did vote, which direction the decision would take, or whether it would be postponed.