Charter rewrite should not grant amnesty to convicts: Democrats
Play
The Democrats yesterday proposed that the Constitution amendment ensure there will be no amnesty for convicted criminals and there will be no change in the authority of the courts and constitutional independent organisations.
They also wanted to extend the time frame for the charter-drafting by the Constitution Drafting Assembly from 240 days to about one year.
“I propose a 360-day deadline so that there is time for the charter drafters to listen to the people’s opinions. If the CDA can finish preparing the draft before the time, that’s fine. But if not, we will waste billions of baht,” Nipon Boonyamanee said.
The charter amendment draft says the CDA’s term ends if it cannot finish writing the charter in time.
The parliamentary ad hoc panel led by Pheu Thai MP Samart Kaewmeechai had extended the duration from 180 days as in the government’s draft to 240 days after the next day of the CDA’s first meeting.
On the 11th day of the second reading of amendment to the charter stating establishment of the Constitution Drafting Assembly yesterday, the House-Senate joint meeting considered Article 291/11 which states various conditions and requirements for the CDA in drafting the new charter.
Many MPs wanted a clarification on whether the draft includes requirement of public hearing “in all regions” and whether it says the CDA can use any previous constitution as a model for the new charter.
Samart yesterday said the word “in all regions” is already suitable because it allows flexibility for the practice according to time and budget.
Democrat MP Wiratana Kalayasiri said a national referendum should be held both before the charter-drafting process begins – to see whether people want to change the charter and on what issues – and after the draft is finished.
The Parliament’s ad hoc panel on the charter-amendment draft prohibits changing the political system from constitutional monarchy, the form of the state and the chapter on the monarchy in the new charter.
Wiratana proposed that the prohibition should also be widened to ensure there is no dilution in the power of the courts and independent agencies.
“There must be no amnesty for anyone convicted guilty of crime no matter at what stage the case proceedings,” Wiratana said. Besides, he proposed that the new charter must not have any clause to whitewash convicted criminals in the cases already ruled by courts.
Although he did not mention any names of convicted people and suspects, Wiratana raised the legal cases against fugitive former premier Thaksin Shinawatra and the red shirts as examples.
Samart said setting too many conditions for the CDA could unnecessarily instigate disagreement in society.
“The CDA works under the scrutiny of the public, the media and society. Writing anything that would have a negative effect on existing agencies that are efficient would be impossible. If [the CDA] does that, you know the new charter draft needs to pass a national referendum, it won’t make it,” Samart said.
Article 291/11 gives immunity to the CDA to continue its work even though the House of Representatives is dissolved or reaches the end of its term. However, MP Warong Dechgitvikrom said the CDA’s legitimacy also ends in that case.
During yesterday’s debate, government MPs protested from time to time, saying the speakers were uttering redundant words or not speaking to the point.
The atmosphere became serious when Pheu Thai MP Prasit Chaisisa used the initial of Warong, who is a doctor or ‘mor’ in Thai, as ‘ma’ which means dog, saying that is what Warong is called in Prasit’s constituency.
General Teeradej Meepien, the Senate speaker and chairman of the meeting, told Prasit to withdraw his remarks.
The Parliament on Wednesday passed the second reading of four articles, Articles 291/7-10, of the charter-change draft. They stated the status, allowance and benefits for the CDA members.
