Amnesty for Thaksin and the 91 deaths

[Flashermac]

Bangkok Post

24 Jun 2011

 

 

 

Opinion by Abhisit Vejjajiva

 

 

I am not surprised that Thaksin Shinawatra has said in interviews with the foreign press that he will return to Thailand in December to attend his eldest daughter's wedding.

 

But if he is to return to Thailand as a citizen under the same rule of law as any of his fellow countrymen, he will likely not be able to attend his daughter's wedding, because he is a convicted fugitive who has been sentenced to two years' imprisonment by the Supreme Court's Criminal Division for Holders of Political Positions.

 

[color:red]The reason Thaksin is confident that he will be able to return in December 2011 is because Chalerm Yubamrung has clearly stated that the top priority for a Pheu Thai government is to grant amnesty for Thaksin.[/color]

 

Should Pheu Thai win the election, it should be able to form a government by August. That leaves five months till December, plenty of time to amend the constitution to clear Thaksin of any wrongdoing, overturn the prison sentence and pave the way for his return. He may even get the 46 billion baht back.

 

[color:red]Pheu Thai claims its reconciliation plan - with amnesty for Thaksin at its core - will reach out to all "colours"and disregard everything that has taken place since the coup in 2006.[/color]

 

[color:red]However, it does not address any of the problems that led to the coup: the systemic corruption, abuse of power, disregard of the parliamentary system and refusal to submit to checks and balances.[/color]

 

And what of the questions posed by the red shirt demonstrators who have been asking for justice over the 91 deaths? I want to tell them that they are asking the wrong person.

 

They should be asking Yingluck Shinawatra and the Pheu Thai Party the question: What would their amnesty mean for the 91 deaths? Would those 91 deaths simply be glossed over in return for amnesty for politicians and the return of 46 billion baht?

 

[color:red]Pheu Thai cannot wipe the slate clean without also needing to brush aside the violent protests that disrupted the Asean Summit in Pattaya. They would need to brush aside the riot that turned Bangkok into a sea of flames. They would need to wipe the slate clean for the armed factions that infiltrated the peaceful, well-intentioned protesters.[/color]

 

All of this led to the unimaginable loss that has scarred our country and would be glossed over by the amnesty Thaksin personally needs.

 

[color:red]What I want the red shirts to think about is, what the amnesty will mean for the 91 deaths. Does it mean justice will not be served? I think Thaksin will pay off the families of the victims in lieu of giving them truth and closure. Those lifeless bodies will not get the justice they deserve.[/color]

 

[color:red]That pay-off will not come from his own wealth. It will come from us, the taxpayers. Despite his promise to take good care of the red shirt demonstrators, only the leaders have been taken care of. What he will do is use taxpayers' money to pay relief money to the families of the victims, and in return he will get his 46 billion baht.[/color]

 

[color:red]Is this an acceptable condition of the amnesty?[/color]

 

I am certain the amnesty plan will play out in this manner because the red shirt leaders deeply involved in the April-May 2009 and 2010 unrest are now on the Pheu Thai party list. They will have parliamentary immunity and they will not have to go to prison. But the demonstrators? Many do not even have attorneys to represent them. The Ministry of Justice has had to provide the attorneys to make sure they will be treated equally under the justice system.

 

What happened in April-May of 2009 and 2010 was criminal. The intentional destruction of the country at the hands of these men - Thaksin included - constitutes terrorism. Without amnesty, they will be held accountable for their actions. Or could Pheu Thai be planning to grant amnesty only to the demonstrators and hold state officials accountable for the deaths?

 

If so, then the Oct 7, 2008 case currently being considered by the Supreme Court's Criminal Division for Persons Holding Political Positions will stand. Somchai Wongsawat is the defendant in this case.

 

So amnesty and justice for the 91 deaths simply cannot go together.

 

The red shirt leaders like to say that those 91 deaths will not have been in vain, that whoever is responsible for those deaths will be brought to justice. But Mr Somchai is responsible for the events of Oct 7, 2008. Does anyone believe Thaksin will risk sending his own brother-in-law to prison?

 

The army commander and I have made clear from the start that we will not grant ourselves amnesty. We performed our duty, which was to bring peace and stability back to Thai society. Our actions were lawful.

 

The demonstrations, on the other hand, went beyond what is permitted by the constitution. Any government that does nothing in such a situation is not upholding the rule of law.

 

As such, we are ready to have our innocence proven and for the truth to emerge in a judicial process. Every party must stand equal under the law.

 

Every Thai person has been deeply saddened by these events. I have always made my position clear - to avoid the use of force as much as possible in performing my duty as prime minister. Thaksin, on the other hand, will resort to any means necessary to wage his personal vendetta, to win at any cost.

 

[color:red]But Thaksin failed to gain power through extra-constitutional means. Now he is trying again under the guise of democracy. In doing so, and with Pheu Thai's policy of amnesty, he will destroy the rule of law.[/color]

 

I have always said that I dissolved parliament in order to give power back to the people, so they can decide the future of the country. I did not dissolve parliament so politicians can come in to solve their problems. That will only lead to greater division, and potentially a civil war.

 

Therefore, it is up to the Thai people to put an end to this cycle.

 

Use this election to move Thailand forward.

 

If the Democrat Party is given the chance to govern, we will work towards reconciliation within the rule of law. We will not abuse parliamentary power or hijack the people's power to overrule judicial power.

 

There will be no amnesty. Everyone will be treated equally and fairly under the judicial process.

 

As for who will be held accountable for the 91 deaths, that is for the courts to decide. That is unless the red shirts are willing to accept Pheu Thai's amnesty plan: accept the relief money, forgo the judicial process and forget about truth and justice.

 

If this is unacceptable, then the red shirts must ask Mrs Yingluck and the Pheu Thai Party this: Are they to forget about the 91 deaths in return for amnesty and 46 billion baht for Thaksin?

 

 

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