Although most observers expected the opposition-leading Move Forward Party to be dissolved, the court decision in August this year still came as a shock to many.
The reformist party’s dissolution came just four years after it emerged as the reincarnation of the Future Forward Party, which was disbanded by the Constitutional Court in February 2020.
The same court ruled Move Forward, winner of the highest number of seats in the May 2023 election, guilty of undermining Thailand’s democratic system with the King as head of state for pushing to change the lese majeste law, or Article 112 of the criminal code.
The charter court ordered the party’s disbandment and imposed a 10-year political ban on its 11 executives, including ex-leader and chief adviser Pita Limjaroenrat and party leader and ex-secretary-general Chaithawat Tulathon.
Article 112, which prescribes up to 15 years in jail for individuals found guilty of defaming, insulting, or threatening the monarchy in Thailand, has been the subject of intense debate and criticism both domestically and internationally.
The case against Move Forward was brought to court by the Election Commission (EC), in a repeat of its move against Future Forward.
The EC petition came after the Constitutional Court ordered Move Forward in January to cease all attempts to abolish or amend Article 112 of the Penal Code (the lese majeste law) through “any illegitimate legal procedures”.
In a case filed by lawyer Theerayut Suwankesorn, the court said that Move Forward’s constant campaigning on the issue undermined the Thai monarchy and could be seen as a move to overthrow the political system.
Move Forward responded to the subsequent EC petition by rejecting the allegations and arguing the court had no jurisdiction over the dissolution case. The party complained the EC had also ignored due process by not allowing it to defend itself before submitting the petition.
The court’s nine judges nevertheless decided that Move Forward posed a threat to the monarchy and national security by campaigning to change the lese majeste law.
The verdict cited the party’s policy statements published on its website, its bill seeking amendments to the law, and repeated expression of intent to modify the law through various political activities and channels.
Rebuking diplomats
Perhaps anticipating an angry response from Move Forward supporters, the court’s verdict underlined that the country’s supreme law required it to dissolve the party to protect the constitutional monarchy and that this rule would apply to any political party found guilty of a similar breach.
It also cautioned foreign diplomats to observe international etiquette when expressing opinions, noting that all countries have their own laws, regulations and constitution.
The caution came after Pita met with 18 Bangkok-based diplomats, mostly from European embassies, shortly before the court was scheduled to issue its verdict.
Just two days after the dissolution ruling on August 7, Move Forward MPs regrouped under a new political outfit, named Prachachon, or the People’s Party. List MP and tech expert Natthaphong Ruengpanyawut was appointed the new party’s chief – becoming the third generation leader of the progressive movement since Future Forward was founded by businessman-turned-politician Thanathorn Juangroongruangkit.
Ruling draws flak
The court verdict drew criticism among the international community, with critics calling it a severe blow to Thailand’s democratic progress.
The United States said it was “deeply concerned” by the party’s dissolution and the 10-year political ban handed to its leaders.
“This decision disenfranchises the more than 14 million Thais who voted for the Move Forward Party in the May 2023 election and raises questions about their representation within Thailand’s electoral system,” US State Department spokesperson Matthew Miller said.
“The Constitutional Court’s decision also jeopardises Thailand’s democratic progress and runs counter to the aspirations of the Thai people for a strong, democratic future.”
A similar reaction came from the European Union, which called the court verdict “a setback for political pluralism in Thailand”. A statement from the European External Action Service press team said: “No democratic system can function without a plurality of parties and candidates.”
The United Nations High Commissioner for Human Rights, Volker Türk, said the court’s ruling was “deeply troubling and undermines democratic processes and restricts political pluralism.
This decision seriously impacts fundamental freedoms of expression and association, and people’s right to participate in public affairs and political life in Thailand”.
Elaine Pearson, Asia director of Human Rights Watch, said: “The Constitutional Court’s ruling to dissolve the Move Forward Party is a severe blow to Thailand’s teetering efforts to restore democratic rule after years of military dictatorship.”
The ASEAN Parliamentarians for Human Rights (APHR) said it was appalled by the Constitutional Court’s “brazen decision” to dissolve Move Forward.
“Equating amendment proposals – a core function of Parliament – with efforts to ‘overthrow the monarchy’ is absurd and undermines the integrity of parliamentary process,” said APHR chairperson Mercy Chriesty Barends.
Deprose Muchena, senior director at Amnesty International, said: “The Constitutional Court’s ruling in favour of dissolving the Move Forward Party is an untenable decision that reveals the authorities’ complete disregard for Thailand’s international human rights obligations.”
