Move Forward dissolution bid would be waived in other democratic countries: Academic

By Thai Newsroom Reporters

A LAWSUIT FILED IN THAILAND in pursuit of a party dissolution on sprawling grounds of undermining the country’s rule would be unquestionably lifted by court in other democratic countries, according to a prominent academic.

Munin Pongsapan, Thammasat University’s former dean of the Faculty of Law, has remarked the lawsuit recently lodged by the Election Commission for the Constitutional Court to consider dissolving the Move Forward on lese majeste grounds would be effortlessly waived if it was judged by the European Court of Human Rights or the United Kingdom’s Supreme Court or Japan’s Supreme Court, among others in democratic countries.

Munin pointed out that Thailand’s principles of law pertaining to dissolution of political parties which, he said, had literally imitated those of a few European countries could possibly be abused, either inadvertently or purposely, to deliver unjust verdicts to defendants.

Though the law governing charges of undermining rule mentions similar content as in the law pertaining to a dissolution of a party for such alleged offences, one should be by no means referred to by court in intertwined fashion with the other, according to the former Thammasat dean.

Under the constitution’s Section 49 governing convicted offences tantamount to a dismantling of rule in association with the constitutional monarchy, the Constitutional Court had earlier passed judgment to the extent that Move Forward moves for amendment to the lese majeste law be equivalent to a “corrosive” act to which an immediate end on the part of the defendant had been ordered by court to practically preclude it from possibly intensifying to a degree of undermining rule as accused.

Nevertheless, the constitution’s organic law known as Section 92 which mentions convicted acts of undermining rule in association with the constitutional monarchy and dictates a dissolution of the accused party may not be ultimately applied by court since the pro-amendment moves on the part of the accused party had not been evidently perpetrated to a degree of intensity which could otherwise warrant an austere penalty of the defendant by way of dissolution of the party, the Thammasat academic said.

According to the Thammasat academic, verbal statements earlier made by the Move Forward in pursuit of amendment to the lese majeste law had not yet intensified to the extent of being otherwise tantamount to an act of dismantling the country’s rule as accused.

Munin was referring to last year’s event in which the Move Forward rank and file led by former party leader Pita Limjaroenrat had pledged to put forward an amendment to the draconian lese majeste law also known as Section 112 of the Criminal Code during their electoral campaigns nationwide.

Pita’s party had invariably contended that their political opponents had effortlessly abused the lese majeste law against his colleagues and himself whilst penalties currently stipulated by the law ranging from a minimum of five years to a maximum of 15 years had been considered as disproportionately severe.

The Move Forward, practically a resurrection of the court-dissolved Future Forward earlier led by Thanathorn Juangroongruangkit, had maintained that relationship between the constitutional monarchy and people nationwide could become closer and more solid without the meddling of the powers-that-be if the lese majeste law was amended accordingly.

If found guilty by the Constitutional Court of the lese majeste law, all members of the Move Forward executive board among whom Pita was one at the time of the alleged offence would be legally banned from political activity for a number of years.

The former dean said a court-ordered ban on political activity for a convicted party’s rule-undermining charges spanning as many as a 10-year period or more could be virtually equivalent to murder of their political lives.

He said the country’s political climate might probably become so unhealthy if most people were more or less convinced into indifferently viewing dissolution of parties as a commonplace phenomenon rather than an unjust persecution.

CAPTIONS:

Top: Former Move Forward leader Pita Limjaroenrat and the party’s logo. Photo: Naewna

Front Page: Former Move Forward leader Pita Limjaroenrat speaking at Parliament. Photo: INN News

Insert: Former dean of Thammasat University’s law faculty Munin Pongsapan. Photo: Matichon

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