Constitution Court disqualifies Jatuporn as a party-list MP

At that time, Jatuporn, as a red-shirt leader, was being detained in connection with the unrest and riots in 2010.

Reading of the verdict started at 10.35am, with many red-shirt supporters gathering and cheering Jatuporn at the court. 

In addition to Jatuporn, other red-shirt leaders were also present in the courtroom, including Deputy Agriculture Minister Natthawut Saikua, Kokaew Pikulthong, Weng Tojirakarn and Thida Tawornseth.

Shortly before the ruling was read, Constitution Court President Wasant Soypisut announced that eight of the nine justices were involved in the verdict. One judge, Jaran Pukditanakul, had withdrawn from the case to avoid a conflict of interest, as his wife had filed a defamation lawsuit against Jatuporn. 

In the case brought to court by the Election Commission, the judges had considered three issues to determine whether Jatuporn should be disqualified, as had been suggested by the EC. 

Regarding the question whether Jatuporn was prohibited from voting, the verdict said that Jatuporn was being detained on election day and the Criminal Court did not grant his request for temporary release. The Constitution prohibits a person detained lawfully from casting his vote. Next, the judges considered whether Jatuporn was still a Pheu Thai Party member after he was prohibited to vote. 

The Political Party Act specifies that party members are required to be free from any prohibition stated in the Constitution. The judges found that Jatuporn’s party membership had ended as he did not have the right to vote.

Last, the judges considered whether Jatuporn’s status as a party-list MP still existed after his party membership was terminated. The Constitution and Articles 106 and 101 of the Penal Code state that a party-list MP is required to be a political-party member.

The eight judges voted 7 to 1 to disqualify Jatuporn as an MP because his party membership was terminated following his detention.

Jatuporn’s red-shirt supporters went into uproar and voiced their dissatisfaction at the court’s ruling. Many of them shouted angrily at the closed-circuit television sets broadcasting from the courtroom. “The court has double standards. There is no justice here,” one of Jatuporn’s supporters yelled angrily. Others tried to cheer him up, offering him bouquets of flowers, although they appeared to be disappointed.

In response to the verdict, Jatuporn said that it was not beyond his expectation.

“I prepared myself for such a ruling and I am willing to accept it. I don’t feel anything now. It was my misfortune. But we all know that the red shirts’ life is not a bed of roses,” Jatuporn said.

“I must apologise for disappointing the red shirts. Thanks to the court and the EC, I am aware that we still have to fight on for justice. Now, even if I’m no longer an MP, I’m still alive; I am not wounded or jailed. I still have the duty to fight for democracy and for the dead red shirts.”

Regarding his political future, Jatuporn said he would apply to become a Pheu Thai member again. However, he refused to comment on the possibility of being appointed to the Cabinet, adding that it would depend on Prime Minister Yingluck Shinawatra.

Red-shirt leader Natthawut Saikua asked fellow red shirts to be patient and stay conscious, saying that: “Obstacles make you stronger.”

“Although Jatuporn is not an MP, he’s still my brother and that is most magnificent,” Natthawut said.

The red shirts today mark the second anniversary of the May 19 incident at the Ratchaprasong intersection from noon. About 200,000 people are expected to take part in the event.