Thailand’s Political Amnesty Bill: Controversy Over Section 112 and Thaksin Shinawatra’s Influence

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It’s often said that when something appears dormant, it’s not necessarily deceased. Such is the current state of efforts within Thailand’s parliament to advance a bill that seeks to grant amnesty to political offenders as a means of fostering national unity. This initiative has reached a pivotal point, with an ad hoc House committee concluding its study on the formulation of the amnesty bill. However, challenges persist, particularly concerning whether those accused under Section 112 of the Criminal Code—commonly known as the lese majeste law—should be granted amnesty.

Critics are firm in their stance: they argue that offenders of the lese majeste law, particularly recent protesters from the youth-led movements, should be held accountable for their actions. Their offenses, considered defamatory to the monarchy, are criminal and thus warrant punishment. Only two major political entities, the ruling Pheu Thai Party and the main opposition People’s Party (PP), favor an amnesty that would extend to violators of the lese majeste law. Other parties remain hesitant, if not opposed, to such an inclusion, wary that it might divert the bill’s intention of political rehabilitation.

Some have voiced concerns that Pheu Thai and the PP have vested interests in the “all-encompassing” amnesty bill. For instance, Pheu Thai’s alleged informal leader, Thaksin Shinawatra, finds himself tangled in legal predicaments linked to lese majeste and computer crime charges, stemming from statements made during an interview with a South Korean newspaper. Many speculate that Pheu Thai’s push for amnesty is, in part, motivated by a desire to alleviate these legal burdens. Meanwhile, the PP seeks to secure political gains by advocating for the young protest leaders, their allies, who face lese majeste charges, seeing their potential exoneration as a step toward gaining political momentum.

Yet, these ambitions face significant hurdles. Critics argue that admitting these controversial figures into political parties carries significant risks and unpredictability. Even if these leaders were exonerated, there’s no guarantee they wouldn’t rekindle controversy, potentially imperiling the very parties that supported them. Observers suggest that the likelihood of Section 112 offenders being included in the amnesty bill remains slim, given the reluctance of other political entities, including the Senate, to endorse such measures.

The situation is further complicated by the Bhumjaithai Party’s firm stance against granting amnesty to lese majeste law violators, a sentiment reportedly shared by a majority of Senators, offering a substantial roadblock to the proposal. Consequently, the House study panel has opted to delay presenting its findings to parliament, signaling a pause in the ongoing discourse. This delay showcases the divide among lawmakers, who remain split into three factions: those opposing inclusion of Section 112 offenders, those in favor, and those suggesting a conditional inclusion.

Amidst these political maneuvers, a new narrative has emerged involving a petition by lawyer Teerayut Suwankesorn. Known for a previous victory that effectively disbanded the Move Forward Party (MFP) over lese majeste issues, Teerayut has lodged a petition against Thaksin and the Pheu Thai Party. This move has stirred anxiety within the ruling party, as Teerayut accuses Thaksin of exerting undue influence over the government’s actions, reminiscent of strategies that earlier led to political bans and upheaval among opposition ranks.

The allegations against Thaksin, which include his supposed manipulations in party strategies and government undertakings, could potentially affect the political landscape in Thailand. Observers view this as more than just a legal tussle; it’s seen as a survival saga for Pheu Thai and its leader, Ms. Paetongtarn Shinawatra. As Teerayut’s petition gains traction, the Constitutional Court’s request for details from the Office of the Attorney-General could serve as an ominous signal for Pheu Thai, hinting that a comprehensive legal examination may be on the horizon should the OAG remain inactive.

Political analyst Thanaporn Sriyakul hints at historical precedents and the judiciary’s rigorous scrutiny of political actions, pointing out the National Human Rights Commission’s findings on Thaksin’s allegedly preferential treatment during legal proceedings. These developments, coupled with past political defeats in independent courts, serve to underscore the precariousness of Pheu Thai’s current position. Despite the legal challenges and political machinations, Pheu Thai’s legal team remains optimistic yet realistic, underscoring distinctions between current allegations and past political setbacks.

As the intricate dance of political strategy, legal maneuvering, and public perception continues, Thailand finds itself at a potential turning point, with the outcome of these proceedings poised to leave a lasting impact on the country’s political fabric.