Thaksin issue ‘may imperil’ justice system

Senator says too many questions reman unanswered about early-release rules

Thaksin issue ‘may imperil’ justice system
Former prime minister Thaksin Shinawatra smiles as he emerges from the private jet terminal at Don Mueang airport on Aug 22 last year, after more than 15 years of self-exile abroad. (Photo: Pattarapong Chatpattarasill)

Allowing convicted former premier Thaksin Shinawatra to serve the rest of his jail term at his luxury home could imperil the justice system, says an outspoken senator.

Somchai Sawangkarn delivered the warning on Thursday in response to an announcement by the Department of Corrections on Wednesday that Thaksin could serve the rest of his sentence at home.

Thaksin, 74, qualifies as he is classified as a medium-grade prisoner who is over 70 years old and suffering from various illnesses, the department said in December when it announced a new regulation that some prisoners would be allowed serve the remainder of their sentences outside of prison.

Meanwhile, the director of Bangkok Remand Prison, where Thaksin was taken on Aug 22 last year, has not yet requested parole for the former PM, despite it being announced this week that he was now eligible.

Thaksin was admitted to the Police General Hospital hours after his arrival at the prison to serve an eight-year sentence — later reduced to one year under a royal pardon — for abuse of power and conflict of interest while in office prior to 2006.

He remains at the hospital with permission from the corrections department, despite having reached the maximum 120 days allowed for inpatient care on Dec 22.

The department said it moved Thaksin to the hospital because he needed ongoing treatment for many illnesses that also required close monitoring. It has refused to go into further detail, citing patient confidentiality.

Thaksin is known to have high blood pressure as well as heart and respiratory problems and other ailments associated with old age. He has had two surgical procedures for unspecified conditions since being admitted to the hospital.

Mr Somchai, who chairs the Senate committee on human rights, civil liberties and consumer protection, said the department’s mention of a “special suspended jail term” in the new regulation lacks details.

Such a suspended jail term, he said, must adhere to the Corrections Act, which explicitly states that any convict who qualifies for parole must have served time in jail for at least six months or one-third of their prison sentence first.

Thaksin’s health condition did not provide grounds for invoking the new regulation issued on Dec 6, he said.

The senator said efforts were being made to arrange for Thaksin to recover from his illnesses at home.

But it must be established that should home confinement be permitted, the home has to meet prison security requirements. As well, he said, authorities should clarify whether other inmates could seek the same privilege.

“It’s my understanding that after Thaksin admitted to the charges and had his sentence commuted thanks to the royal pardon, he would not request another sentence reduction and do the one-year jail time,” Mr Somchai said on Thursday.

“We must let justice take its course.”

If Thaksin is so seriously ill that he must be excused from prison to obtain treatment, society deserves to know his current state of health, the senator said.

“But there’s no clarity there, which leaves people wondering if Thaksin actually entered the justice process,” he added.

Mr Somchai warned the new regulation that could ease Thaksin’s path to early release could create a crisis of faith in the justice system.

“Do not try to twist justice,” he said.

He also expressed concern that some law enforcement officials connected to Thaksin’s imprisonment could end up behind bars instead of the former premier.

Chaichana Detdecha, a Democrat Party MP and member of the House committee on police affairs, said his panel was barred from visiting Thaksin on the 14th floor of the Police General Hospital last week. However, he was able to meet two other inmates receiving treatment on another floor of the same building.

“The general public can judge for themselves if double standards are at play,” he said.