Imprisoned former prime minister Thaksin Shinawatra has appealed again for a Royal pardon, after being ordered by the Supreme Court’s Criminal Division for Holders of Political Office to be sent to prison to serve the one-year sentence for his convictions on corruption charges.
A high-level source in the Justice Ministry said that Thaksin’s appeal has already been processed by the ministry and forwarded to the Office of the Secretary-General of the Cabinet for consideration.
The source insisted that every prisoner, whose case has been concluded, including Thaksin’s, has the right to appeal for a Royal pardon, adding that the same right is extended to the spouse, parents or children of the prisoner through the Corrections Department.
According to the procedure, once the Corrections Department has received such an appeal, it will assess the related facts and pass them to the justice minister and, subsequently, to the Office of the Secretary-General of the Cabinet and the Office of the Privy Council.
The source noted that a prisoner’s appeal for a Royal pardon cannot be held up and must be submitted, in accordance with procedure, with either a “should be pardoned” or “the imprisonment is already suitable” recommendations.
Whether a Royal pardon or commutation is granted is the prerogative of the monarch, which is inviolable, said the source.
In the case of Thaksin, who has already been granted a Royal commutation, reducing his 8-year sentence to just one year, there is a question over whether he has the right to appeal for another Royal pardon or commutation.
The source explained that Thaksin might consider that he has already served his one-year prison sentence, by spending six months at the Police General Hospital (PGH) and another six months on parole.
On September 9, however, the Supreme Court ruled that Thaksin did not suffer from life-threatening illnesses, which could have justified his six-month stay at the PGH, and that the one-year prison sentence had not yet been enforced by the Corrections Department.
