Jatuporn hard done by in this case
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I would rejoice if Jatuporn Promphan were tried in an impartial court for terrorism and jailed for life if found guilty; justice would have been seen to be done.
But for the Election Commission (EC) to strip him of his status as MP because he was in jail on election day does not show that justice has been done.
Requiring that MPs have voted is important because the act of voting shows a commitment to democracy. Thus, if a person cannot take the time or trouble to vote, he hardly deserves to represent others. But this was not the case with Jatuporn, who had filed for bail so that he could vote.
The EC has, to me, followed the letter of the law but not its spirit – which is much more important. I hold with Sodsri Satayathum, the minority commissioner, that Jatuporn’s failure to vote because he was in jail should not cause him to lose his MP status. Since the EC will ask the Constitution Court to rule on when Jatuporn’s MP status should end, I recommend that the court end his status on the day when it would have ended had the EC not ruled against him.
Surely the man’s done a multitude of sins; hold him accountable for those, but not for something beyond his control. To deter, justice must be done and be seen to be done.
Burin Kantabutra
Bangkok
