The House debate on an executive decree postponing the enforcement of key provisions of the law against torture and enforced disappearance was adjourned on Tuesday after a group of MPs petitioned the Constitutional Court to rule its legality.
A special House meeting had been called Tuesday, when MPs were scheduled to vote on the decree.
It was the last day of sitting for the current parliament, with a dissolution expected in March and a general election tentatively scheduled on May 7.
As the House of Representatives was about to deliberate the decree, Speaker Chuan Leekpai informed the meeting that Nirote Sunthornlekha, a Palang Pracharath Party MP for Nakhon Sawan and the government’s chief whip, had filed a petition signed by 100 MPs requesting that he forward a request for the Constitutional Court to rule whether the decree contravenes Section 172 of the constitution.
Section 172 stipulates that such a decree can be issued only to deal with emergencies and pressing matters, such as protecting national security, public safety or economic stability, or for public disasters.
Since the petition met all legal requirements, Mr Chuan said he had to adjourn the deliberation of the decree pending the Constitutional Court’s ruling.
Pheu Thai leader Cholnan Srikaew, the opposition leader, raised an objection, saying the House debate should continue and end with a vote on the decree.
Dr Cholnan said it was a government ploy to delay the vote.
Democrat MP and whip Chinaworn Boonyakiat (Nakhon Si Thammarat) said government MPs had the right to seek a Constitutional Court ruling to clear the issue.
After calling off the debate, Mr Chuan thanked MPs and parliament officials having worked hard together for the past four years. Although some current MPs may not be re-elected, he hoped most of them would be returned.
A royal decree ending the term of the House was read out, and the meeting was closed at 1.41pm.
On Feb 19, the cabinet issued an executive decree postponing the enforcement of sections 22–25 of the torture and disappearances law until Oct 1, as proposed by the Justice Ministry, citing a lack of budget funds for equipment such as police body cameras.
The law, published in the Royal Gazette on Oct 25, last year, came into effect on Feb 22, except for four provisions outlining measures to prevent abuse and harassment and keep authorities’ use of power in check.
They would require police to use body cameras during searches and arrests, and require officials to provide a report on any arrest to local officials and prosecutors.
Justice Minister Somsak Thepsutin defended the decision to delay the enforcement of the four sections, saying enforcing the law in its entirety would backfire without proper equipment and training.