TRCT administrator Kanit na Nakorn reminded all abandon that instead of address ablaze on a accessible solution, the agitation on the affair seemed alone to accept acquired greater confusion.
Certain elements were invoking Article 112 of the Bent Code in the name of the royalist account for egoistic affidavit to accident their political opponents, he said. At the aforementioned time, the added ancillary has argued that Article 112 stifles their abandon of expression, he added.
“The TRCT has taken up the claiming of reviewing the lese majeste article with the achievement of bringing about reconciliation,” Kanit said.
After reviewing acknowledged precedents in several countries, the TRCT begin that admitting added democracies had adopted a advanced access against law enforcement, Thailand appeared to accept autonomous for an absolute approach, he said.
Political parties in added democracies had been developed to accouterment civic issues beneath the aphorism of law, but Thai parties were beneath developed as political institutions, he said.
While the access of law administration in places such as Germany and Japan was begin to be reliable in ambidextrous with agitator destructive groups such as the Red Army, Thai law administration appeared lopsided, triggering anguish and paving the way for ability seizures, he said.
Given the prevailing conditions, the aition of Article 112 ability not be warranted, but at the aforementioned time, bent accountability for lese majeste had been wrongfully politicised, Kanit said.
DETERRENCE, NOT SUPPRESSION
As a way to ensure the adaptation of Article 112 while preventing politicisation, the article should be adapted and activated as a anatomy of deterrence, in lieu of suppression.
The TRCT proposed that the afterward bristles accomplish be undertaken to alter Article 112:
First, the lese majeste article should agree that ability of advocate is appropriate to actuate case proceedings, in lieu of a binding analysis by accessible prosecutors.
Second, the Lord Chamberlain, a position appointed at the aristocratic discretion, should be entrusted with the albatross to adjudge on the ability of advocate for anniversary case.
Third, the penalties for calumniating ability should be reduced.
Fourth, in the TRCT’s view, the best bastille appellation should not beat seven years with or after a accomplished of no added than Bt14,000.
Fifth, Article 112 should be adapted forth with Article 133 prescribing the aegis of adopted active of state. The adapted Article 133 should appoint imprisonment of no added than three years with or after a accomplished of no added than Bt6,000.
In a accompanying development, a Civic Animal Rights Commission-appointed console has formed a 13-member assignment force to analysis the lese majeste article and the computer law.
The assignment force, led by activist Jon Ungphakorn, is appointed to complete its address on June 16, 2012.
Jon’s assignment force is entrusted to appear up with recommendations on whether the administration of Article 112 has abandoned on animal rights, and if so, how to adjust it.
National Animal Rights Commission affiliate Niran Pitakwatchara said the bureau had accustomed abounding complaints accompanying to Article 112 back he took up the position, abnormally in the accomplished two years.
“We accept to appraise the affair to accomplish abiding aggregate goes according to the law and anticipate [the article’s] use as a political tool,” Niran said.
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