According to an intellectual, the results of a Supreme Court hearing regarding allegations that former prime minister Thaksin Shinawatra‘s prison sentence was improperly enforced will determine his political future.
The Criminal Division of the Supreme Court for Holders of Political Positions has decided to launch an investigation into the parents of perfect secretary Paetongtarn Shinawatra’s parents.
It comes in response to a petition from previous Democrat MP Charnchai Issarasenarak asking the court to look into the DoC’s decision to let Thaksin get treatment for a medical issue at Police General Hospital ( PGH) outside of Bangkok Remand Prison.
On August 22, 2023, Thaksin, who is usually regarded as the ruling Pheu Thai Party’s de facto leader, flew back from self-imposed captivity.
On the same day, the Supreme Court sentenced him to eight years in prison, which included three years in complete for two cases and five more in a second event. Following royal mercy, the statement was afterwards reduced to one year.
The DoC transferred Thaksin to the PGH on his first day in custody, citing his serious health issues.
He remained there until he was granted probation in February of last year, which raised concerns in the eyes of the public regarding whether he had received special care.
Mr. Charnchai claimed that the DoC allowed Thaksin to visit the PGH without prior judge endorsement, which he claimed was against the Criminal Code.
He even argued that Thaksin’s transfer cannot be justified by governmental regulations, and he has requested that an arrest warrant be issued for Thaksin’s jail sentence.
The Supreme Court rebutted Mr. Charnchai’s plea on April 30 because the previous Democrat MP had no impact on any of the circumstances.
The jury, however, stated that because it believes the jail sentence may not have been properly enforced, it has the authority to investigate.
It has the authority to hold an investigation and issue an order when it appears to the jury that there may be an event in which a final decision has not been adequately enforced, it said.
The plaintiffs and accused Thaksin may receive copies of the petition, according to the court, so they can provide explanations.
Files may also be sent to the PGH captain, the director-general of the DoC, the captain of Bangkok Remand Prison, and the director-general of the DOC, to provide documents to the jury.
A reading for the investigation is scheduled for June 13, and these parties are required to reply within 30 days after receiving the notification of the purchase.
In the first scenario, Thaksin received a three-year conflict of interest sentence in absentia.
The court claimed that Thaksin had ordered the state-run Export-Import Bank to provide 4 billion ringgit at a low interest rate to Myanmar so that it could purchase goods from Shin Satellite Plc, a business owned by his home, at a lower price.
In the following scenario, Thaksin was found guilty of operating a two- and three-digit lottery without permission between 2003 and 2006.
The prosecutor argued that this was an abuse of power because no regulations supported the plan.
In the second situation, the judge sentenced Thaksin to five years in prison for handling phone disputes and conflicts of interest between 2001 and 2006 during his two terms as prime minister. He made his fortune in the telecoms business.
The Attorney-General’s Office, the Assets Scrutiny Committee ( ASC), and the National Anti-Corruption Commission ( NACC ) are the defendants in these three cases.
Back in jail?
Phichai Ratnatilaka Na Bhuket, a lecturer in political science at the National Institute of Development Administration ( Nida ), stated on Facebook that the court may order him to be sent back to prison to serve his one-year sentence until his full legal release.
However, Mr. Phichai said the case will be put to rest if the judge accepts Thaksin’s hospital stay and the DoC’s arguments that the hospital stay was legitimate.
The June 13 hearing will be essential,” she said. Thaksin may face punishment if the court rules against him, which could have an impact on his social potential, according to Mr. Phichai.
He added that Pheu Thai is anticipating a tremendous issue from the investigation, especially if the court decides against Thaksin.
According to Mr. Phichai, if Thaksin is sent back to jail, it may demoralize both Pheu Thai followers and Pheu Thai people.
” Thaksin’s followers may think that he is facing political oppression, but his opponents may use this opportunity to make the claim that Thaksin received preferential care while he was a patient.”
The judge’s investigation’s findings may have a significant influence on how the general public perceives the justice system.
The court’s decision, which is in Thaksin’s favor, could lead to censure for allowing an incorrect sentence to be carried out. However, if the court decides against him, it may increase common confidence in the justice system, according to Mr. Phichai.
According to him, this could spark new social conflict because Thailand is currently grappling with regional and economic issues. Thaksin continues to be a powerful figure in Thai politics, and whichever outcome the court’s ruling may have will have political effects.
The judge’s decision demonstrates that it is serious about looking into the application of Thaksin’s jail sentence. In consequence, Thaksin’s coming may be in danger of losing both political and legal ground.
The results of the investigation will determine the country’s justice system’s level of credibility, according to Mr. Phichai.
He added that the judge’s decision to launch its own investigation would have an impact on both the DoC and PGH’s positions in this case.
But, Thaksin still has enough time to prepare a legal defense, he said, with the hearing set for June 13.
Phichai: DoC and PGH may be the true losers.
Most likely to survive
The Office of Innovation for Politics at King Prajadhipok’s Institute, led by Stithorn Thananithichot, concurred that Thaksin is unlikely to avoid any additional constitutional repercussions.
Because if someone is to be punished, it will be the leaders who obstruct the proper administration of their jail sentence.
According to Mr. Stithorn, the only thing the event you do [to Thaksin ] is put him under pressure from his rivals.
According to Mr. Stithorn, the former prime minister is set for a second court date for an alleged infraction of Segment 112 of the Criminal Code, or the der guess rules.
In this situation, Thaksin is accused of breaking the rules in a 2015 meeting with a Seoul-based news organization, where some people viewed his responses as hostile to the monarchy. The witness assessment is scheduled for July according to the court.
Stithorn: Thaksin’s returning to prison is unknown.
reestablish public confidence
According to Olarn Thinbangtieo, a professor in political science at Burapha University, the judge’s decision to launch its own investigation demonstrates how it wants to win back the public’s trust in the righteousness system in response to the claims that the prolonged DoC allowed Thaksin to stay in the hospital.
The court must take actions to demonstrate that the general public can also concentrate on the justice system, he said.
Additionally, Mr. Olarn added that he thinks Thaksin may probably survive the case while DoC and PGH officials will probably face legal problems.
When Thaksin claimed he was poor, he said, those who diagnosed his illnesses might be in difficulty.
He claimed that given Thaksin’s alleged control over its politics, the coalition government could be in turmoil if the court rules against him.
The second-largest Bhumjaithai Party in the coalition, according to Mr. Olarn, may use this as an opportunity to try to take the prime minister’s seats from the Pheu Thai.
Olarn: Court wants to reclaim confidence.