On July 13, 2017, the National Legislative Assembly (NLA) passed the draft organic law on the Criminal Procedure for Holders of Political Positions, B.E……. , which has some significant changes to the existing law, especially in regards to the period of statute of limitations and  the power that will be given to the court to conduct court cases and pass its rulings on individuals in retroactive.
 
Pheu Thai Party notes that, under the constitution of the Kingdom of Thailand, B.E. 2560, Article 27 which states that “All individuals are equal under the law and with the same rights, freedom and protection”; the United Nation’s Universal Declaration of Human Rights, Article 10, states that  “Everyone is entitled in full equality to a fair and public hearing ………” and the International Convention on Civil and Political Rights, Article 14 clause 1, which states that “All persons shall be equal before the courts and tribunals in the determination of any criminal charge against him…”  by which all our constitutions carry these commitments, including the statements made by the present leaders of our country and as stated in the draft Social Contract.
 
Pheu Thai Party deems that :
 
1. The exemption of the statute of limitations for holders of political positions, as stipulated in the criminal law which is a substantive law, breaches the above-mentioned principles.  Moreover, the statute of limitations, for both the criminal and civil lawsuits, were written with the intention that lawsuits shall not be brought up again at any given time in the future, such as in the next 30 or 50 years, etc., as it will be impossible for parties or those involved in the lawsuits to be able to call on witnesses to prove the case, e.g.  documents may be lost by then or witnesses and individuals may have passed on or may not be able to correctly  remember the events that had happened a long time ago. All of these will seriously hinder justice.  Laying down such a law will cause overlaps in enforcing it and may lead to discrimination.
 
2. Giving power to the court to proceed with the hearing in retroactive and in absentia of the defendant  is different from the practice used for criminal lawsuits and for cases against government employees by the Criminal Court for Corruption and Misconduct, wherein it is stipulated that the court hearings and examination of witnesses shall be done in the presence of the defendants.  However, the draft bill has an”ed this principle by stipulating that the court may proceed with the hearings, the examination of witnesses and make its rulings in absentia of the defendant, even though the examination of witnesses must be done in the presence of the defendant as part of the international judicial practice in order to safeguard the rights of the defendant which is an important rule of law and a basic practice for criminal lawsuits.  This principle is clearly stated under the International Convention on Civil and Political Rights, Article 14, “In the determination of any criminal charges, all persons shall be equally given the basic rights that he …. (d) Shall be tried in his presence….”  However, the draft bill has exempted this principle, thereby allowing the court to proceed  in a one-sided manner and without the need to hear out the defendant.  This, too, goes against the equality issue that is stated in clause 1.
 
3. Setting the law to be applicable in retroactive, even though this clause was not specified in the draft bill prepared by the Constitution Drafting Committee (CDC), will be promulgating a law that is harmful to individuals.  This goes against the rule of law and cannot be done as there are issues such as the statute of limitations and conducting the hearings in the presence of the defendant that must be taken into consideration.  If the new law is to be applicable in retroactive, it will take away the rights of the defendants and cause him/her to be at a disadvantage in the criminal lawsuit, which goes to show that retroactive lawsuits will be harmful.
 
Pheu Thai Party deems that corruption and misconduct are serious threats to the country. We are in agreement that all forms of corruption must be prevented and suppressed, but they must be done in adherence  to the rule of law, the constitution and the international convention.  Otherwise, it will be an extreme breach of human rights for the suspects and the defendants under the criminal lawsuits and will not be acceptable to the civilized world.  Pheu Thai Party will present this matter to the international organizations that deal with human rights issues.  At the same time, we will present a letter to the Prime Minister to request that our comments be forwarded to the Constitution Court for deliberation on whether or not the draft bill conflicts with the constitution.
 
For the kind information.
 
Pheu Thai Party
 July 18, 2017