TRCT calls for reform of justice system
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The Truth for Reconciliation Commission of Thailand (TRCT) has presented its research, suggesting ways to achieve reconciliation by reforming the justice process, especially amending the Constitution and criminal law, which is the cause of inequality and
Yesterday, the TRCT arranged a second presentation on the roots of the current conflict, which pointed out some important issues that need to be fixed immediately. It concluded that one reason for political conflict in Thailand for the past five years has been the justice process, which has not been independent and was vulnerable to political intervention.
Reforming the justice system would bring back social trust, which is one of the most important factors for reconciliation.
Asst Prof Pokpong Srisanit, the representative of the justice reform issue, said there are some articles in the Constitution that need to be amended. For example, Article 237 of the penal code, which allowed the Court to dissolve a political party and impose a five-year ban on all its executives if found guilty of electoral fraud. He said that this goes against political rights and is too severe.
“The court should only impose a political ban on the party’s leader or the guilty one, not the whole set of leaders,” Pokpong said.
He also said that Thailand should have a law to control public assembly as nowadays, protesters go over the limit.
Moreover, criminal law is being misused and it has become a political tool to defame the opposition. Pokpong was referring to articles 157 and 112 of the Criminal Code.
Article 157 allows the sentencing of an official who wrongfully exercises or does not exercise any of his functions and Article 112 sentences whoever threatens or defames the Royal institution.
The research suggested that these two articles should be amended. It should only be the prosecutor who files the complaint, instead of anyone under the current law.
“In many cases, the criminal code is used with the wrong objective; it is supposed to be for social benefit. But now it’s being used for personal benefit,” Pokpong said.
The research also mentioned the Reconciliation Bill, which is in the parliamentary process. Pokpong said the bill process was rushed and would not bring real harmony as the real reconciliation process still needs to find the truth, provide compensation and enact measures to prevent violence in future.
The proposed Reconciliation Bill does not include these processes.
Surakiart Sathirathai, a former deputy prime minister in the Thaksin government, was invited to comment on the research. He agreed with the TRCT’s conclusion as he thinks that the reconciliation should start with participation in society, not in Parliament.
He suggested that the process needs two forums – the public deliberation, and those effecting the deliberation before passing the common denominator to implement it in the Parliament.
“Personally, I feel strange that the House brought up the Reconciliation Bill as the House always has the mood of conflict.”
