The Constitutional Court rejected a petition against former prime minister Thaksin Shinawatra and the ruling Pheu Thai party today, which accused them of attempting to overthrow constitutional democracy.
The petition, submitted by Theerayut Suwankesorn, sought the Constitutional Court’s ruling, under Section 49, as to whether the acts or behaviour of Thaksin and the Pheu Thai party regarding six issues constitute the exercise of freedoms or liberties to overthrow democracy.
The six issues were:
· Thaksin ordered the government, through the Ministry of Justice, the Corrections Department and the Police General Hospital, to allow him to stay in a hospital while serving his jail term, despite the fact that he did not suffer from life-threatening illnesses as claimed.
· Thaksin ordered the government to grant benefits to Cambodia over the joint development of natural resources in the overlapping claim area in the Gulf of Thailand.
· Thaksin instructed the Pheu Thai party to cooperate with the People’s party to amend the Constitution.
· Thaksin instructed the Pheu Thai party to hold talks with coalition parties at his Ban Chan Song La residence regarding the nomination of a new prime minister, to replace former prime minister Srettha Thavisin.
· The former prime minister was instrumental in instructing the Pheu Thai party to oust the Palang Pracharath party from the governing coalition.
· Thaksin instructed the Pheu Thai party to incorporate his visions in the government’s policies.
The Constitutional Court ruled, however, that none of the issues presented by the petitioner were clear enough to show that both Thaksin and the Pheu Thai party harboured intentions and wishes that could be deemed, in the eyes of “persons of ordinary prudence”, as exercises of freedoms or liberties to overthrow constitutional democracy.
As such, the court ruled unanimously to reject all but one issue due to insufficient evidence. As for the overlapping claim area between Thailand and Cambodia, under MoU 44, the court rejected the issue by 7:2 votes.
Former Thammasat University law lecturer Kaewsan Atibodhi said that, after the court’s rejection of his petition, Theerayut can still file the same petition with the Election Commission or the National Anti-Corruption Commission and that he should do so.
In his Facebook post, though, Kaewsan expressed little hope of the two independent organisations taking the matter much further, claiming that they have been compromised.
Read more: Charter court asked to stop attempt to overthrow democracy in Thailand
