Politicians set to gain appeal rights

Politicians who face trial in the Supreme Court’s Criminal Division for Political Office-Holders are likely to be allowed rights of appeal under a draft charter.

Chartchai Na Chiangmai, spokesman of the Constitution Drafting Committee (CDC), said the panel has agreed in principle the defendants should have the right to seek a review by a higher tribunal. In the past, there were no rights of appeal for politicians convicted by the court’s division. Many of the cases involve corruption.

Mr Chartchai said under the new charter the defendants have 30 days to lodge an appeal which will be reviewed by the general assembly of the Supreme Court judges.

“This is to ensure justice and fairness in line with the criminal justice system,” he said.

The CDC spokesman also insisted the Senate is likely to lose its authority to impeach both political office-holders and members of independent agencies.

Mr Chartchai said the authority to impeach is expected to fall into the hands of the National Anti-Corruption Commission (NACC) or the courts, but the issue is not yet finalised.

On the origin and composition of the Upper House, he said the CDC is still debating the issue and at this point a wholly, directly-elected Senate is the panel’s least favoured option.

“We want senators to screen laws and select members of independent agencies. We’re trying to ensure they are immune to political interference,” he said.

The Pheu Thai Party, meanwhile, has voiced opposition to the proposed appointment of senators and selection of senators from a variety of professional groups.

Surapong Tovichakchaikul, also a former foreign minister, said the appointment method is likely to result in heavy lobbying and possible position-buying and the appointed senators are unlikely to work independently.

He said a wholly elected Senate will answer people’s needs and promote public participation in ensuring accountability.

Seree Suwanpanont, a member of the National Reform Steering Assembly, said the NRSA’s political reform committee is working on political party reform proposals.

He said one of the proposals is for the CDC to drop the party-list system, which is seen as a channel for vested groups to subsidise parties in exchange for influence.

He said some members also recommended dissolving parties found violating fund-raising regulations.