No rallies over impeachment, Prayut warns

In his toughest warning, Prime Minister General Prayut Chan-o-cha told political pressure groups yesterday not to break the law by staging rallies over the impeachment case involving former prime minister Yingluck Shinawatra for her failure to stop corruption in the rice-pledging scheme.

Prayut said the government had measures in place to deal with political rallies. Martial law – imposed by the National Council for Peace and Order and yet to be lifted – bans gatherings of five people and more. 

The PM added that the government would be careful not to restrict people’s rights  and would find new measures to deal with protests.

Prayut urged the political sector against falling into a “democratic trap” if the country is to move forward. 

“We must overcome our social, economic and political issues. The government assumes power to resolve issues so that the country can move forward. We should not walk in circles or get stuck with our old conflicts,’’ he said.

The PM was referring to rally threats by leaders of the United Front for Democracy against Dictatorship (UDD or red shirts) if the People’s Democratic Reform Committee leader Thaworn Senneam manages to convince the National Legislative Assembly to accept impeachment cases against Yingluck and two top politicians from the previous government.

The NACC has filed impeachment cases with the NLA against former Parliament president Somsak Kiatsuranon and his deputy Nikom Wairatpanich after finding them guilty of violating the 2007 Constitution by pushing for charter changes in relation to composition of the Senate. 

Last week, Thaworn threatened to forward the impeachment cases of the two former senior politicians to the Constitutional Court if the NLA chooses not to take action on the issue. 

The move came after the Assembly deferred deliberation two weeks ago on whether to accept impeachment cases against Somsak and Nikom, citing legal technicality issues.

The NLA, however, has accepted an impeachment case against Yingluck after Assembly president Pornpetch Wichitcholchai put the case – filed by the NACC on October 14 – on the NLA agenda on November 12. 

NLA lawmakers expect impeachment proceedings to take less than 25 days after the first deliberation. Any decision to impeach Yingluck requires three fifths of total votes – or 132 votes.

The NLA will also vote on Thursday on whether to accept impeachment cases against Nikom and Somsak. 

Pornpetch vowed that the Assembly would exercise its judgement on the impeachment cases in accordance with the rule of law and not to placate any pressure groups or succumb to any lobbying power.

 

Pheu Thai Party strikes back over Yingluck impeachment case

Meanwhile, legal advisers for Pheu Thai Party plan to file a complaint with the NLA president to object to his decision that the Assembly should go ahead with impeachment proceedings against Yingluck Shinawatra over alleged corruption in the rice-pledging scheme.

The lawyers, led by Pichit Chuenban, will seek approval from Yingluck to file a complaint over the NLA move to impeach her next Wednesday.

The letter gives seven reasons for their objection: 

1. Impeachment could result in Yingluck being deprived of her rights and liberty – basic constitutional rights guaranteed by the charter. They say the move can’t be done if the charter does not state that the NLA has authority to do this;

2. The 2014 provisional charter does not state that the NLA has the right to impeach political office holders in accordance with the constitution’s organic laws to counter corruption;

3. Chapter 10 of the NLA meeting regulations on impeachment of political office holders in accordance with constitution’s organic laws to counter corruption are not in line with the rule of law, democratic principles and general will;

4. The above NLA regulations are seen as violating the country’s ruling system of constitutional monarchy and provision 5 of the 2014 provisional charter;

5. The NLA president cannot resort to “discrimination” when it comes to “grounds for offence”;

6. The NLA cannot cite laws which do not impose punishment for impeachment; 

7. Yingluck is no longer premier, so she is not a political office holder in accordance with article 58 of the constitution’s organic law on countering corruption.