CDC stands by revising appeals system for political post-holders

CDC stands by revising appeals system for political post-holders

The Constitution Drafting Committee (CDC) has defended the merit of revising the appeal system in the Supreme Court's Criminal Division for Political Office-Holders, saying the change is in line with international practices.

CDC member Pakorn Nilprapan said the draft charter has widened the political post-holders' grounds for appeal, in conforming to international standards of appeal for such groups.

He said the abrogated constitution allowed for political post-holders to appeal within 30 days of being ruled guilty, provided they have new evidence to present to court.

Under the draft charter, an appeal can be lodged if the political post-holders ruled guilty believe the facts and legal arguments which arise in the trial are disputable.

Instead of concentrating only on the question of whether there is new evidence to support an appeal, the court can also consider the appeal on the basis of whether the facts and legality deliberated during trial are disputed by the political post-holders.

"This is the way they do it the world over. Shouldn't we follow suit?" he said.

Mr Pakorn also denied critics' remarks the draft charter was introducing a weak mechanism to combat corruption.

Among the critics is Democrat Party leader Abhisit Vejjajiva who said the charter would emasculate the role and independence of anti-corruption agencies.

Some critics noted ongoing cases involving former political post-holders, including those in the rice pledging scheme implemented by the previous Yingluck Shinawatra administration, might benefit from the new appeal system.

It could prolong the time it takes to reach the ultimate final ruling.

Mr Pakorn maintained the CDC did not rewrite the clause on the appeal system based on any criminal or civil case in particular.

"The charter writers sat on the fence and did not lean left or right for anyone's interest," he said.

Deputy Prime Minister Wissanu Krea-ngam echoed Mr Pakorn's view, saying a revised appeal system respects the United Nations human rights convention which stipulates that a person has the basic right to an appeal in a trial.

In some other criminal cases, such as drug offences, which do not involve political post-holders, the appeal process has also been shortened, he said.

However, whether cases which began before the draft charter was written would be subject to the revised appeal system depends on the organic law due to be written if and when the draft charter is passed.

In the past, some countries had refused to extradite offenders ruled guilty by the Supreme Court who had fled the country, arguing the appeal system under the previous charter did not comply with the basic human rights principle, according to Mr Wissanu.

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