From: ssg9328@uxa.cso.uiuc.edu (Samart Srijumnong)
Subject: Re: Forgive and forget? (was Re: My opinion about Khun Chuan.)
Organization: University of Illinois at Urbana
Date: Fri, 13 Nov 1992 06:58:07 GMT

cslac2209@bestsd.sdsu.edu (UNALOME TECHAMUANVIVIT) writes:

>........... stuffs deleted

>This is another point that I've been trying to understand. IMO, the amnesty 
>decree was unconstitutionally issued, it therefore should have been revoked 
>unconditionally.  Yet, the Thai government have been trying to somehow argue 
>that once the decree (which is in Thai called Pra^Raj"Kris'Dee-Ka-) was issued,
>it started to be in effect expiditiously and the later cancelation vote by the
>parliament would not have any retrospective effect on the cases once ruled by 
>the decree.

>This is *pathetic*.  I can't beleive that out of all the intelligent lawyers
>and politicians we elected in the parliament, no one had the guts to say that
>this excuse was pathetic!!.  

>Any idiot...I apologize for the choice of word but I really mean it..
>*any idiot* would understand that the decree was unconstitutionally issued,
>(FYI, The decree was supposed to be issued by the *cabinet*, not solely by the
>Prime Minister and later informed the cabitnet by sending out memorandums!!)  
>therefore, it should have been canceled and all the cases previouslu ruled by
>the false decree should have been handed over to the regular law of Thailand.

>This is the simplest logic to me, and I cannot in a million years understand
>why the "should-be-intelligent" but "actually-stupid" members of Thai parliament
>could not understand it!!!

>And the worse thing is...they couldn't even come up with any better excuse to 
>get themselves out of this mess!!!

When this Phra"Raj"Kit'Sa"DiiKaa was first issued, there were many questions 
about it in the s.c.t. I, at the time, had chance to consult one on my friends 
who is a lawyer. She told, let me repeat again here, me that in general 
the royal decree or Phra"Raj"Kit'Sa'DiiKaa, after having been issued, must be 
passed by the legislative body, or in this case the Parliament, to change it to
Phra"Raj"BanYad' in a certain period of time. The Parliament had rejected
the decree law status. In effect, its legal effect, whatever level, has
ceased to be. The problem it whether the decree did have any effect. As
Khun Unalome pointed out rejecting its law status does not retroactively
cancel its decree effect. However, this friend suggested, there is one
part in the constitution or somewhere saying that, in the persuit of the
public interest,  and of life and property of the people, the retroactive
cancellation could be done. I could no longer contact this friend since she
had left for Thailand some time now. I wonder there is any law student out
there who could clear this issue for us. If there are some, please show
up! 

Though Khun Marut insisted the tribunal committee based their judgement 
strickly on the legal consideration. The public don't seem to be convinced.
Now they are up in arm. It's time for the new government to uitilize 
political measure to save itself. Another political turmoil seems to be
likely. I am not saying that we should compromising. Last time, when 
Chatichai, with advice from his junior advisors, would like to reshuffle
the Military supreme commander so that the military submited to the civilian
government, he was moved. This time, Chuan should have taken the time
when democratic spirit is still running in mind of the people to do something
to push the democracy anothe step forward. The worse thing he and
his government will face, if the things go wrong, is only to step down. 

Since Chuan chose legal path, he has lost the opportunity to get rid of 
bad elements, not only from the democracy development process but also 
from the military itself. 

It seems the May crisis is not yet over. :-(