PUBLISHED: 23 Apr 2025 at 06 :04
Justice Minister Pol Col Tawee Sodsong has downplayed concerns over the Ombudsman’s review of Thaksin Shinawatra’s hospitalisation order in 2023, saying the former prime minister’s six-month stay at Police General Hospital ( PGH) was legally justified.
Pol Col Tawee said on Tuesday he is not concerned about a petition filed by the National Human Rights Commission ( NHRC ) requesting the court nullify the Department of Corrections ‘ ( DoC ) regulation that allowed Thaksin to enjoy what is alleged to be privileged treatment at the hospital. He said the government respects studies conducted by an impartial organisation and abstains from interfering in them.
The Ombudsman has previously issued three ideas regarding Thaksin’s move, medical treatment, and adherence to rules.
The justice minister more explained that the Criminal Procedure Code and the Corrections Act carry similar lawful mass. Prison transfers for health care in the previous edition of the corrections rules were done equally without requiring judge authorization, he said.
But the Supreme Court’s ruling has individual rights. Pol Col Tawee said the government was prepared to understand its position if required.
However, Pol Lt Col Keerop Kritteeranont, secretary-general of the Office of the Ombudsman, said the NHRC’s complaint, received next Friday, raised two important issues– the 2020 rules permitting inmates to get treated outside prison and the decision to grant permission for Thaksin to get transferred to the hospital.
The Ombudsman’s business has formally accepted the problem and will now look into the facts. It will question the DoC and important organizations to find out how they thought to issue such a restriction and whether its withdrawal may harm the public or contradict the law.
Pol Lt Col Keerop said that more steps, including summoning important agencies or requesting supporting documents, may depend on the initial review.
As the Supreme Court sentenced Thaksin without stipulating for any potential hospitalisation, critics argue that his subsequent transfer to PGH could conflict with judicial intent. If any of the related information is unclear, agencies may be invited for further discussions. Usually, the Ombudsman sends clarification requests within a week, giving agencies 30 days to respond. Extensions are allowed up to 60 days. If the Ombudsman agrees to amend the regulation, but relevant agencies decline to follow suit, it may take the matter to the Administrative Court.
On the question of restarting Thaksin’s sentence, Pol Lt Col Keerop said such decisions would depend on legal analysis. If any regulations are nullified, a final decision could depend on whether the legal consequences would impact Thaksin, the DoC, the correctional hospital, or PGH in accordance with existing laws.
The NHRC’s petition followed a complaint filed last year about possible human rights violations due to the unequal enforcement of laws by a government agency, alleging that Bangkok Remand Prison failed to fulfil its constitutional obligations under Section 53, which mandates that the state must ensure strict compliance with and enforcement of the law.
The NHRC thus issued a letter dated April 10 to the Ombudsman, urging it to consider submitting the case to the Administrative Court to revoke the decision allowing Thaksin to receive medical treatment outside the prison and to annul the 2020 Ministerial Regulation on the transfer of prisoners for external medical treatment.