FRIDAY, March 29, 2024
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Pheu Thai challenges law targeting politicians

Pheu Thai challenges law targeting politicians

Pheu Thai Party deputy spokesperson Anusorn Iamsa-ard on Thursday filed a petition to Prime Minister Prayut Chan-o-cha via the government’s service centre, asking him to forward the new draft bill on court procedures against political office holders to the Constitutional Court for a ruling on whether it violated the new charter.

Anusorn said his party believed the bill violates the charter. It issued a statement on Tuesday, asking concerned parties to review and revise the draft bill. 
The party raised three points of objection: the draft law’s provision for court proceedings without the defendants being present went against a universal principle of fundamental human rights, as it would violate the defendants’ right to justice; the waiver of the statute of limitations under this law would contradict a conventional principle of justice. It would also allow partiality in proceedings and enforcement, as evidence or investigation in a case may not be completed in time and there could be selective use of information if there were no statute of limitations, the party said. Lastly, applying the law retroactively would have an effect on those still defending cases in court. This, the party argued, would violate the rule of law. 
The prime minister, under the new charter, is empowered to forward any laws believed to be in conflict with the Constitution to the court for a ruling.
The new draft bill on court procedures against political office holders was passed last week by the National Legislative Assembly (NLA) despite concerns over imminent challenges to the rule of law and human rights. 
NLA lawmakers have defended the bill, saying it was appropriate, considering changes and how complex the problem of corruption had become over time. They claimed that they had addressed a sufficient degree of rights protection for political office holders to defend themselves via their lawyers if they are absent from court.
Deputy Prime Minister Wissanu Krea-ngam, also a noted legal expert, said the draft bill was not something that was recently conceived. He said even during the Thaksin Shinawatra government, such a bill was considered.
The law drafters, he added, insisted that they had thoroughly taken into consideration the rule of law and the human rights aspects.

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