Party dissolution charges were a series of events and scandals that eventually led to the dissolution of the Thai Rak Thai Party, Thailand's biggest political party, and a few small parties following a general election in April, 2006.

Background

Since his ascension to power by an unprecedented landslide victory in 2001, then Prime Minister of Thailand Thaksin Shinawatra triggered public concerns over his authoritarian-style leadership, corruption scandals, massive wealth added to the already wealthy Thaksin and his cabinet members, and abuses of power by Thaksin himself. These concerns were growing in spite of huge popularity among business communities and rural voters who were enjoying wealth resulting from Thaksin's populist policy. These concerns were stoked by the sales of Shin Corp, whose largest portion of shares were owned by Thaksin's family. The deal raised concern over Thaksin's conflicting interests, triggering public outrages and resulting in months of mass protests. The protests gained increased momentum, particularly among the urban middle- and upper-classes and later accelerated by the strict censorship of media, both by the media's own censorship and intervention by the authority. Although mass protests in Bangkok were intense, support for Thai Rak Thai was still strong in the rural areas. Criticized by the opposition parties of avoiding testimony before the joint session of parliament, Thaksin weighed the situations and decided to dissolve the House of Representatives in February and called for a general election in April 2006, hoping that the election would legitimize his position. The decision followed Thaksin's insistence that he would not resign and would not dissolve the House. Thaksin defended his decision, saying that he wanted to return the power back to the seriously divisive Thai people following massive protests against his administration.

General Election in April 2006

The opposition parties decided to boycott the elections, citing that no conflict occurred between the government and the House (the TRT controlled 377 out of 500 votes in the House); that Thaksin wanted to avoid testimony before the joint session for a completely personal reason; and that Thaksin did not live up to his pledge to undertake political reform.

Charges filed by the Attorney-General

Charges against Group 1 (Thai Rak Thai, Pattana Chart Thai and Pandin Thai Parties)

Charges against Group 2 (Democrat and Prachatippatai Kao Na Parties)

Verdict delivered by the Constitutional Tribunal

The final verdict was broadcast live on national television on May 30, 2007 by the Constitutional Tribunal appointed by the Council for National Security.

Verdict on Group 1 (Thai Rak Thai Party, Pattana Chart Thai Party, and Pandin Thai Party)

The Thai Rak Thai Party, Pattana Chart Thai Party, and Pandin Thai Party were unanimously found guilty of conspiring to gain administrative power by illegal means. And consequently, all three parties were dissolved. The verdict found General Thammarak Issarangkura na Ayudhya and Pongsak Raktapongpaisarn, both key executive members of the Thai Rak Thai Party, guilty of providing funds for both the Pattana Chart Thai and Pandin Thai Parties. Boontaweesak Amorasil, leader of the Pattana Chart Thai Party, was found guilty of receiving money from General Thammarak and illegally amending its party membership records. Bunyabaramipon Chinarat, leader of the Pandin Thai Party, and Mrs. Thattima Pawali were found guilty of receiving money from General Thammarak and issuing fraudulent letter of certification for Party members. The Constitutional Judges also barred 111 executive members of the Thai Rak Thai Party, including former Prime Minister Thaksin Shinawatra, 19 executive members of the Pattana Chart Thai Party, and 3 executive members of the Pandin Thai Party from participating in politics for a five-year period.

Summary Verdict

After thorough consideration of the petition, rebuttal statements from the Thai Rak Thai Party, Pattana Chart Thai Party, and Pandin Thai Party, and all of the evidence of the Parties concerned, the Constitutional Tribunal found, on the factual and legal basis, the following: The Constitution Tribunal hereby issues an order to dissolve the Thai Rak Thai Party, the Pattana Chart Thai Party and the Pandin Thai Party as well as to suspend the electoral rights of 111 executive members of the Thai Rak Thai Party, 19 executive members of the Pattana Chart Thai Party, 3 executive members of Pandin Thai Party, for a period of five years, effective on the date of the order of party dissolution.

Verdict on Group 2 (Democrat Party and Prachatippatai Kao Na Party)

The Democrat Party was acquitted from all charges. Most significantly, it was ruled that no related evidence supported the charge that they had bribed smaller parties to expose the involvement of high-profile Thai Rak Thai party members in election fraud in April 2006. The court also ruled that the Democrat Party did not malign Thaksin or urge voters to cast a "no" vote in the election. It also found the party innocent of obstructing a parliamentary candidate from registering in a southern constituency.

Summary Verdict

After thorough consideration of the petition, rebuttal statements from the Democrat Party and Prachatippatai Kao Na Party, and all of the evidence of the Parties concerned, the Constitutional Tribunal found, on the factual and legal basis, the following: The Announcement of the Council for Democratic Reform No. 27 dated 30 September B.E. 2549 provides that the revocation of election rights of party executives, for a five-year period following an order for a dissolution of a political party, is not a criminal penalty. Hence, the Announcement of the Council for Democratic Reform No. 27, Section 3 has a retroactive binding effect for this party dissolution case. The Tribunal concludes that the Democrat Party did not commit the act as had been accused, and hereby dismisses the case and request to dissolve the Democrat Party. The Prachatippatai Kao Na Party, however, did commit the act as had been accused, which is considered a violation of Article 66(2) and (3) of the Organic Act on Political Parties B.E. 2541. The Tribunal, therefore, issued the order to dissolve the Prachatippatai Kao Na Party and withdraw the election rights of its 9 party executives for 5 years, in accordance with Announcement of the Council for Democratic Reform No. 27 (3).

Criticisms

The verdict came not without criticisms. Although conducted independently, the trial was made at a time when the military junta, understandably hostile to the Thai Rak Thai, was staying in power. Furthermore, the constitutional judges, although consisting of high-profile judges renowned for their autonomy, were arbitrarily hand-picked by the military soon after they came to power. The introduction of Announcement No. 27 (Section 3) by the Council for Democratic Reform dated 30 September B.E. 2549 (2006), was also a spot of criticism. Whether or not the Announcement can be applied retroactively to charges committed before the Announcement was enacted and enforced is controversial. On the one hand, it can be argued that the CDR's Announcement earned a law status at the time it was announced. On the other hand, however, making an act punishable as a crime when such an act was not an offense when committed—so-called ex post facto law—is, some argued, unjustifiable. This was reflected by the non-unanimous 6-3 vote in favor of the application of the Announcement. Chief Judge Panya Thanomrod, voting against the use of Announcement No. 27 (Section 3), held that barring individuals from politics is a serious charge and that individuals have the right to know in advance any possible punishment they will receive as a result of conducting a particular action.

Implications for Thai Politics

The historical ruling by the Constitutional Tribunal will be likely to set standards of conduct and behaviors for Thai politicians in the years to come. The ruling is also likely to have huge repercussions on Thai politics in several aspects. First, the court ruling suggests that serious violations of election law committed by any party's executive committee member are deemed wrongdoings committed on behalf of the political party itself. Second, the ruling raises controversy as to whether violations of election law can be construed as criminal actions. The legal system in Thailand, and in other legally similar countries, stipulate that criminal actions must not be subjected to any punitive act that is enacted and enforced after the offenses have been committed. Third, the judiciary emerged strong as one of the three sovereign powers in the Thai political landscape, counterbalancing the traditionally powerful executive and legislative branches. Fourth, leaders of several factions that were later split from the disbanded TRT were barred from politics for five years, including TRT's party leader Chaturon Chaisang, former Thaksin's close aide and hopeful premiere candidate Somkid Jatusripitak, Macchima faction leader Somsak Thepsuthin, and Suwat Liptapanlop. It is uncertain how the absence of these high-profile politicians will influence the outcome of the elections to be held by the end of 2007. Fifth, soon after the ruling became public, Sonthi Boonyaratglin, the leader of the Council for Democratic Reform, announced publicly that selective amnesty to the punished politicians was being considered. Sonthi stressed that the amnesty aimed to bring the country back to reconciliation. The possible amnesty will add to the heated public debate. Thailand will be once again put under challenge as to which direction the country is heading.

Relevant Thai laws

Announcement by the Council for Democratic Reform No. 27

Amendment of Announcement by Council for Democratic Reform No. 15 dated 21 September BE 2549 (2006) Pursuant to the Announcement by the Council for Democratic Reform No. 15 dated 21 September BE 2549 (2006) continuing the force of Organic Act on Political Party BE 2541 (1998). So as to attest the force of such law as well as to stipulate the disfranchisement of whom contravening the said law, be it, therefor, announced by the Council for Democratic Reform as follows: "Section 1. The abolishment of the Constitution of the Kingdom of Thailand shall not affect the Organic Act on Political Party BE 2541 (1998). The Organic Act on Political Party BE 2541 (1998) shall remain in force until the amendment or abrogation by law." Announced on 30 September BE 2549 (2006) General Sonthi Boonyaratglin Leader of the Council for Democratic Reform [Published in the Government Gazette, vol. 123, pt. 105 ko, dated 1 October BE 2549 (2006)].

Act amending CDR Announcement No. 15

Act Amendment of the Announcement by the Council for Democratic Reform No. 15 Banning the Political Gatherings and Any Other Political Activities dated 21 September BE 2549 (2006) BE 2550 (2007) Bhumibol Adulyadej, Rex Given on the 12th Day of August BE 2550 (2007) Being the 62nd Year of the Present Reign Phra Bat Somdet Phra Poramin Maha Bhumibol Adulyadej is gracious pleased to proclaim that: Whereas it is expedient to amend the Announcement by the Council for Democratic Reform No. 15 banning the political gatherings and any other political activities dated 21 September B.E. 2549 (2006); Be it, therefor, enacted by the King, by and with the advice and consent of the National Legislative Assembly, as follows: Countersigned by General Surayud Chulanont Prime Minister Note: The ground on promulgation of this Act is pursuant to the Announcement by the Council for Democratic Reform No. 15 banning the political gatherings and any other political activities dated 21 September B.E. 2549 (2006) which constitutes the interim ban on installment and registration of the political parties. The Council of Ministers, thereafter, passed a resolution permitting the installment and registration of the political parties. It is, therefor, necessary to enact this Act. [Published in the Government Gazette, vol. 124, pt. 44 ko, dated 17 August BE 2550 (2007), pp. 4-6.].

Literature