Democrats query need to change Article 309
The Democrat Party yesterday demanded Pheu Thai explain why it wants to amend Article 309 of the Constitution and why it considers the amendment would not affect former prime minister Thaksin Shinawatra.
Article 309 endorsed all actions of the 2006 coup regime, including the setting up of the Assets Examination Committee against Thaksin.
Democrat MP Ong-art Klampaiboon said government should explain clearly why it wanted to amend Article 309 and how the involvement would or would not affect the legal cases against Thaksin.
Ong-art said Pheu Thai was now misleading the people to think that those who are opposed to an amendment to Article 309, supported the dictatorial coup regime.
The Democrat MP said an amendment or deletion of Article 309 would cause legal complications.
“The Democrats see that the planned amendment of Article 309 would seek to invalidate all legal cases stemming from the coup. So, all the post-coup investigations will be rescinded and this will destroy the rule of law and justice,” Ong-art said.
He said democracy would not depend on Article 309 but on the behaviour of conspicuous politicians.
Ong-art said Thaksin told a red-shirt rally on Saturday it would be easy to reach the required 24-million voter turnout for a referendum. He said the statement showed Thaksin would do anything to amend the charter for his own interest.
But Pheu Thai spokesman Prompong Nopparit said yesterday Pheu Thai would not target Article 309 but seek to set up a new drafting assembly. Prompong said it would be up to the new CDA to decide how to the write a new charter.
Prompong added that amendment of Article 309 would not affect Thaksin’s cases. He said the cases against Thaksin would continue in line with the law after the amendment. He said the reason for amending Article 309 was because it provided legitimacy to the 2006 coup.
Prompong said the Pheu Thai would discuss charter amendments at a meeting tomorrow and would consider the decision of a government committee in charge of holding a public referendum, headed by PM’s Office Minister Varathep Rattanakorn, which will meet today. The decision of the Pheu Thai meeting would be cited for further discussion during a party seminar on January 6 and 7, Prompong said.
