No amnesty for wrongdoers
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But reconciliation committee to be set up will be able to request a pardon for people who admit their actions
CHARTER DRAFTERS resolved yesterday that no amnesty will be granted to wrongdoers involved in political conflicts over recent years – but pardons would be offered if people admit doing wrong and accept some punishment.
Constitution Drafting Committee spokesman Kamnoon Sidhisamarn said a national reconciliation committee would be created under the new charter and would have the authority to request a pardon for wrongdoers, rather than an amnesty.
The CDC said wrongdoers must first admit to illegal activities or wrongdoing, then enter the justice system. The new committee would assess whether to request a pardon for them or not.
Kamnoon noted that amnesty would not be included in the constitution because it was tantamount to erasing illegal acts that people have done, but said pardons could be granted if illegal acts had not been dealt with.
Asked if the new panel that will request pardons for people needs approval by any agency, the CDC spokesman said one drafter proposed giving the authority to the Parliament president.
Other CDC members voiced concern about practical repercussions, saying that people serving time in prison and keen to receive pardons would have to wait until the charter comes into force and elections held, so a Parliament president could be installed first, because it was a long time off.
So the committee toyed with the idea that the authority of approving pardons may be given to the prime minister. But Kamnoon said it was uncertain if this would be included in the organic law.
Moreover, he said introducing a blanket amnesty similar to the one the previous administration tried would negatively affect national reconciliation.
The drafter said the new body to be set up under the charter would be made up of not more than 15 members, but it is unclear at this stage who or how they will be selected.
The CDC has gathered information from other countries about how to implement reconciliation plans for Thailand, including case studies from South Africa, and adapted ideas seen as suitable here.
The CDC spokesman said the new committee would gather facts in regard to what truly happened in past conflicts, then would ask people facing justice who want to give information to the body without exposing their identity and request a pardon.
The authority of the new committee as stated by the charter articles covers the study, analysis, writing of a report and finding facts related to past problems and disputes, in order to reduce conflicts in Thai society.
The committee would act as a coordinating organisation to prevent further disputes. Moreover, it will educate the public by promoting better understanding of past conflicts and issues.
As for its life span, the new body will be active only for five years and will be dissolved after that period unless the public votes in a referendum to extend it.
At least 50,000 eligible voters, the Parliament or cabinet could request a referendum to extend its term, although if endorsed via a plebiscite, the body could only continue to exist for another five years.
A source from the drafting committee said concrete measures to promote reconciliation would be stated in organic law to be drafted later by the subcommittee.
The CDC meeting yesterday was held behind closed doors and journalists were not allowed in. The drafters reasoned that reconciliation is highly sensitive and allowing the media to observe could have make drafters feel uncomfortable and obstruct them from freely expressing their thoughts. The committee also feared misinterpretation by the media, it claimed.
Committee members will resume their meeting on Monday out of town, in Pattaya.
