THAILAND: Press and lawyers' groups speak out

Councils back use of Article 7 of the charter, ask King to appoint interim leader, to restore normality

Bangkok Post
Sunday, March 19, 2006

The Press Council of Thailand and the Lawyers Council of Thailand yesterday urged the public to join hands in seeking His Majesty the King's power to appoint an interim government leader to end what they called "the crisis of confidence" in caretaker Prime Minister Thaksin Shinawatra.

They backed use of Article 7 of the constitution to restore peace, political and social security in the country, amid mounting pressure on Mr Thaksin to resign.

Banyat Tassaneeyavej, president of the Press Council of Thailand, said all sectors of society should form a joint resolution for a "People's Assembly" and submit it to the King.

Dej-udom Krairit, president of the Lawyers Council of Thailand -- formerly known as the Law Society of Thailand -- said Mr Thaksin could no longer remain in his caretaker position.

The situation was close to crisis, making it justifiable for the King to invoke Article 7 to quickly bring the country back to normality.

Several organisations, including the Medical Council, Siam Architectural Society, Council of Engineers, Civil Services Association, Teachers' Council and National Economic and Social Advisory Council would be called for consultations this week over the formation of a resolution for the "People's Assembly" for submission to the King, according to Pongsak Payakhawichien, adviser to the Press Council of Thailand.

But another group which claims to represent lawyers throughout the country said the Lawyers Council's stance was not representative of all lawyers. It will issue a statement today taking issue with the organisation.

The joint statement also worried some Thai Rak Thai cabinet members, a source close to the government said.

The statement said Mr Thaksin no longer had the legitimacy to be caretaker prime minister because he had not been able to clarify questions about his family company Shin Corp's sale of shares to Singapore's Temasek Holdings.

"The sale of shares in a telecom business has given a state enterprise of a foreign government access to sensitive information about locations of land-based telecom stations and satellite orbits which are regarded as official secrets under the Official Secrets Act.

"As such the caretaker prime minister has committed offences under articles 124 and 127 of the Criminal Code," it said.

Mr Thaksin was also liable to legal action as employer or supporter of his son Panthongtae, who has been fined for violating the Securities and Exchange Act. Mr Thaksin had not clarified his role in the transfer of money when he set up Ample Rich Investments in the British Virgin Islands nor explained his family's shareholdings in Win Mark Company, also registered in the country, the statement said.

Mr Thaksin must resign to pave the way for a criminal investigation because if he remains in office he could exert control or issue orders to block legal actions against him through the Royal Thai Police Office and Department of Special Investigation, since he is chairman of the two agencies, it said.

Other agencies such as the Administrative Court, National Human Rights Commission, Office of the Auditor-General or the Anti-Money Laundering Office were not in a position to proceed with cases against him.

Proceedings through the Constitution Court are also unlikely because the court had already rejected a case of a similar nature filed by a group of 27 senators.

The statement said conflicts of interest would persist if Mr Thaksin stayed in office and mechanisms providing checks and balances would not function, causing a stalemate which would lead to a crisis.

The caretaker prime minister is insistent on holding the general election on April 2 despite the fact that it will cost the state 2.2 billion baht.

The statement said the Election Commission appears incapable of handling the election and it was unlikely a new government could be formed soon afterwards.

Date Posted: 3/19/2006