A clause in the new amnesty law could give former prime minister Thaksin Shinawatra a route to challenge convictions and seek the return of 46 billion baht in seized assets, a political scientist has warned.
Olan Thinbangtiew, deputy dean of Burapha University’s Faculty of Political Science and Law, told the Bangkok Post on Monday that Thaksin’s petition to the Peaceful Society Promotion Committee may rely on a clause revoking Council for National Security (CNS) orders.
The Assets Examination Committee (AEC), which initiated cases against Thaksin, was set up under a CNS order. Mr Olan said Thaksin’s lawyers could argue that because the Peaceful Society Promotion Act revokes CNS orders, the AEC’s actions and resulting cases should be invalidated.
He compared this with the “fruit of the poisonous tree” principle: If the process initiating a case was unlawful, its findings could be challenged.
Mr Olan said this could offer a way around Section 3, which excludes four categories from amnesty, including corruption and lese-majeste offences under Section 112 of the Criminal Code.
He said Thaksin’s cases differed from those of former premier Yingluck Shinawatra, which went to court via the National Anti-Corruption Commission and the State Audit Office.
If the petition is granted, Mr Olan said, Thaksin could have the cases cleared and seek the return of about 46 billion baht, potentially with interest. The panel has not ruled, and neither outcome is assured.
Thaksin seeks amnesty in four cases he says arose from political conflicts from 2005 to 2016, including the 46.37-billion-baht asset seizure.
Mr Olan said a favourable ruling could restore Thaksin’s influence and give the Pheu Thai Party leverage with the Bhumjaithai-led government, which depends on Pheu Thai and Klatham Party support.
However, Democrat leader Abhisit Vejjajiva questioned whether Thaksin qualified, saying any improper ruling would face scrutiny.