Thai lawyers oppose nullification of coup decisions

The Lawyers Council of Thailand has issued a statement opposing the Nitirat group of law academics' call for nullification of all judicial decisions that were a consequence of the Sept. 19, 2006 coup, saying that their proposal only caused confusion about the constitutional monarchy.

The statement was read out at a press conference by Sak Korsaengruang, president of the Lawyers Council of Thailand.

It said the Lawyers Council of Thailand opposes the overthrow of any government by a coup. At the same time the council disagrees with the absolute control of state power that results in a parliamentary dictatorship.

The Assets Scrutiny Committee (ASC) was set up after the Sept 19, 2006 coup as a mechanism to examine corruption through the Supreme Court's Criminal Division for Holders of Political Positions which was established under the previous constitution.

The defendants were allowed to fight the accusations in court. Therefore, any judicial decision made in these cases should not be annulled.

Section 112 of the Criminal Code regarding lese majeste concerns internal security, history and the constitutional monarchy. This provision of the law should be maintained to protect the monarchy.

The statement said the 2007 constitution was intended to correct many past mistakes and shortcomings. If it were abolished it would be a waste of lessons learned from the past.

The nullification of past judicial decisions in such countries as Germany, Switzerland, Greece and Turkey, as mention by the Nitirat law academics, was done under completely different circumstances in the wake of massive killing and bloodshed.

A similar situation has never occurred in Thailand.

The Lawyers Council of Thailand is of the opinion that the proposal made by the Nitirat group is more in the interest of former politicians than about seeking justice in society, the statement said.