2006 Thai Political Party Dissolution Charges - Criticisms

Criticisms

The verdict came not without criticisms. Although conducted independently, the trial was made in 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 favour 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.

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