Prosecution move draws ire

About 500 public prosecutors have signed a petition against the controversial Section 228 of the draft charter seeking to alter the composition of the Public Prosecution Commission.

Copies of the petition will be submitted to the Constitution Drafting Committee (CDC), the National Reform Council, the National Legislative Assembly and Deputy Prime Minister Wissanu Krea-ngam.

The prosecutors disagree with the provision that bars any state attorney, active or retired, and political officeholders from chairing the Public Prosecution Commission.

They also oppose the provision requiring at least one-third of the commission members to be appointed specialists who must not have served on the prosecution service before.

Chaninya Chaisuwan, deputy chief of the Department of Administrative Litigation, said she hoped the charter drafters would pay heed to the group’s call for a prompt review of the section, which she said will invite political interference if it remains unchanged.

If appointed specialists served on the Public Prosecution Commission, it was possible the appointment of state attorneys, even the future attorney-general, could be politically influenced, she said.

Ms Chaninya said the prosecutors are also opposed to another section in the draft charter that requires prosecutors to explain their decisions to prosecute cases in fine detail.

She said the practice would benefit only suspects or defendants and could harm state witnesses as it could involve revealing their identities, complicating witness protection efforts.

She said Attorney-General Trakul Winitnaiyapak had also lodged a similar petition against Section 228 to Mr Wissanu and CDC chairman Borwornsak Uwanno in May.

Mr Trakul had suggested the Public Prosecution Commission chairman should be a specialist selected by public prosecutors.

He also recommended that those who used to serve as deputy attorney-generals should qualify as candidates for the post.