Plethora of issues related to former PM

MONDAY, SEPTEMBER 12, 2011
Plethora of issues related to former PM

Fugitive former prime minister Thaksin Shinawatra is definitely coming home and his opponents and supporters should put aside their differences in order to avoid driving a deeper wedge in an already-divided society.

The core issue about Thaksin's homecoming is not about bending the law to rescue a fugitive but ending the misuse of one man's fate to fuel public anxiety.

So long as Thaksin remains in self-imposed exile or on the run to avoid serving his two-year jail term, political polarisation will persist. The war of political colours has evolved around one man, Thaksin, spawning a myriad of related issues.

Since 2005, street protests have erupted either for or against Thaksin. Rival camps fought on political issues designed to either put him on an altar or burn him at the stake.

The trouble began because at the height of his power, many saw Thaksin as an autocratic leader. His opponents tried but failed to remove him. As the country was embroiled in a political stalemate, the military intervened to oust him in 2006.

The seizure of power was a cardinal sin for democracy. If Thaksin was wrong in condoning runaway power, then the coup was equally wrong for overthrowing the elected government. Two wrongs did not make a right.

In the wake of the coup, the pro-Thaksin camp regrouped under the democratic banner. Slowly but steadfastly the public perception transformed from seeing him as a rogue politician to a hero spearheading democracy.

Even though Thaksin's conviction for conflict of interest and other litigation happened under due process, his legal wrangling could be traced back to the coup's mandate. Legal scholars might argue in favour of the sanctity of the law but large numbers of people see Thaksin's legal issues as political in nature.

In the court of law, Thaksin stands before Blind Justice. The court of public opinion sees him, however, as an idol embroiled in political injustice.

If his opponents can condone the coup for prosecuting him, then his supporters can surely cite the popular mandate to rescue him from his predicament.

A pardon for a convicted fugitive is rare but not without precedent.

The United States and several countries in Europe and Latin America have cited national unity as grounds for granting pardons to political-related offenders who decided on exile instead of facing punishment.

Thaksin's pardon is, no doubt, a very controversial issue. It is like a boil - painful to have and painful to lance.

The Yingluck Shinawatra government is cautiously proceeding to grant clemency for Thaksin. In fact the Abhisit Vejjajiva administration toyed with the idea of pardoning Thaksin as part of reconciliation.

But then-prime minister Abhisit set a tough condition for Thaksin to serve part of his jail term before qualifying for clemency. Last year's red-shirt riots buried the pardon idea.

As the political wind has changed to favour the pro-Thaksin camp, the pardon could happen as early as late this year to mark His Majesty's 84th birthday.

Thaksin's legal team is not worrying about engineering the pardon but how to extricate him from all his legal issues. At least two trials have been put on hold pending his return.

Should the government opt to help him in stages, Thaksin could first be pardoned for his conviction before receiving amnesty along with key players in the political conflict. Or |he could await a package clemency, which might take more than a year to work out.