Organization: Central Michigan University
Newsgroups: bit.listserv.seasia-l
Date:         Fri, 20 Nov 1992 08:11:56 EST
From:         Elliott Parker <3ZLUFUR@CMUVM.CSV.CMICH.EDU>
Subject:      TH: Panel mulls constitutional changes

=======================  Forwarded  Message  ===========================
Date: Thu, 19 Nov 92 23:06:50+0700
From: Kamol Hengkietisak <kamol@ipied.tu.ac.th>
Subject: Bangkok Post Nov 20: Panel mulls consitutional changes


THE extraordinary House committee to study constitutional changes
yesterday proposed that the Government's power to issue executive
decrees be curtailed in the wake of controversy over the Amnesty
Decree.

The committee yesterday debated Articles 172 and 173 --
controversial elements in the charter which empowers the
Government to issue an executive decree in case of an emergency
which requires urgent actions to forestall public disasters or to
maintain public security.

The committee agreed that such provision should be deleted totally
from the Charter because previous governments had evoked the
articles to issue executive decrees which run contrary to legal
spirit, committee spokesman Pinit Charusombat said.

The government's power to promulgate executive decrees limited to
decrees concerning tax and monetary affairs, he said.

The spokesman said the committee also discussed the proposal to
ban the granting of amnesty to those responsible for overthrowing
a constitutional government.  This was contained in the 1974
Constitution.

The rationale for proposed abrogation of the Government's power on
executive decrees is that "a good government does not need [power]
under Article 172 because it can resort to Parliament to legislate
laws," Mr Pinit said.

Controversial decrees include the one restructuring the Judicial
Commission issued by the Anand Panyarachun II Government and the
Amnesty Decree by the Suchinda Kraprayoon Government.

Both decrees were rejected by the House of Representatives.

The Amnesty Decree in particular has raised concern over the
Government's ability to expediently decree amnesty to absolved
itself of wrongdoings.

The Constitutional Tribunal recently ruled that the blanket
amnesty granted to all parties involved in the May violence
including pro-democracy demonstrators as well as those who ordered
the crackdown stands despite the House rejection.

Tribunal member Suthee Arkasarerk has pointed out that there are
loopholes in the Constitution which do not require the Government
to justify the emergency which warrants a decree.

Article 172 states that the Government, for the purpose of keeping
public safety, national economic security or forestalling public
disasters, could issue an executive decree.

Clause 2 of the article however stipulates that this can be done
only in case the Cabinet decided that the decree is needed in
urgency.

Article 173 states that interpretations can be sought from the
tribunal on whether the issuing of a decree satisfies conditions
in the previous article.

The tribunal handed down a ruling upon the Opposition's motion
under the Suchinda Government that the Amnesty Decree was
constitutional and that it is not authorised to interpret the
second clause of Article 172.

Meanwhile, a group of May tragedy relatives yesterday requested
the police to release their autopsy reports of the dead victims to
the Office of the Supreme Attorney-General so that an
investigation can be conducted to establish the identities of the
dead victims, where, when and how they were killed and by whom.

In a letter addressed to Police Director-General Sawat Amornvivat,
the group, represented by lawyer Adul Khiewboriboon, cited
paragraph 3 of Article 150 of the Criminal Procedure Code to
substantiate their case.

Paragraph 3 of the article says "In the case of death caused by
the act of an official alleged to be on the course of carrying out
his duty, or a person has died while being kept in custody by an
official alleged to be on the course of carrying out his duty, the
inquiry official shall, after the inquest has been held, submit
the file of inquest to the public prosecutor. The prosecutor shall
apply by motion to the court of the locality where such corpse is
for an examination and order as to who the deceased was, the
place, time, cause and circumstances of such death."

A total of 44 people were shot dead by authorities during May
17-21 and about 200 are still unaccounted for.
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