Government Official Affirms Legal Basis for Thaksin's Extended Hospital Stay
Fresh Take:
Thaksin Shinawatra's extended hospital stay amidst a prison sentence has sparked debates, with Justice Minister Pol Col Tawee Sodsong assuring the former prime minister's hospitalization was legally justified.
Tawee voiced his unfazed attitude towards a petition filed by the National Human Rights Commission (NHRC) that seeks to nullify regulations for Thaksin's treatment at the Police General Hospital (PGH), allegedly giving him privileged care. He reinforced the ministry's commitment to respecting the findings of independent investigations.
The Ombudsman has already shared three opinions on Thaksin's transfer, medical treatment, and regulations compliance.
Tawee explained that the Criminal Procedure Code and the Corrections Act both stand as legal authorities. He pointed out that the process of transferring inmates for medical treatment, as per the previous corrections law, did not necessitate court approval.
However, the Supreme Court maintains a separate authority. In case of clarification demands, Tawee pledged the ministry's readiness to assert its position.
The Office of the Ombudsman, led by Pol Lt Col Keerop Kritteeranont, stated that the NHRC's petition, filed last Friday, addresses two primary issues: the 2020 regulation that enabled inmates to be treated outside prison and the decision permitting Thaksin's transfer to the hospital.
Keerop clarified that the NHRC's petition has been acknowledged, and the Ombudsman will delve into the facts. They'll examine how the regulation was derived and whether its revocation might adversely affect the public or contradict the constitution.
Whether summoning relevant agencies, requesting documents, or initiating a preliminary review depends on the case's initial evaluation. If the Ombudsman deems necessary, they typically send clarification requests within a week with a 30-day response period—extensions of up to 60 days are possible.
Detractors have raised concerns that Thaksin's hospitalization could conflict with the judiciary's intent, as the Supreme Court did not stipulate hospitalization in its sentencing. Agencies may be called upon for further discussions if any details remain unclear.
The review will address allegations of preferential treatment, the legality of Thaksin's hospital stay decision, and the NHRC's call for nullification of the regulations permitting Thaksin's medical treatment outside prison, along with a potential annulment of the 2020 Ministerial Regulation on transferring prisoners for external medical treatment.
The NHRC's petition comes after a complaint filed last year, asserting potential human rights violations due to unequal enforcement of laws by a government agency. The NHRC believes the Bangkok Remand Prison failed to uphold its constitutional obligations under Section 53, which requires the state to ensure strict enforcement of the law.
As a result, the NHRC penned a letter to the Ombudsman on April 10, urging action against Thaksin's special treatment outside the prison and recommending annulment of the 2020 Ministerial Regulation on the transfer of prisoners for external medical treatment.
- Despite the National Human Rights Commission's allegations of preferential treatment, Justice Minister Pol Col Tawee Sodsong insists Thaksin Shinawatra's hospitalization was legally justified and follows established policies and legislation.
- In light of the Ombudsman's ongoing review of Thaksin's hospitalization and treatment, concerns persist that thejudiciary's intent could be compromised, as the Supreme Court did not specify hospitalization in its sentencing.
- The NHRC's petition, filed after a complaint asserting potential human rights violations, calls for the annulment of the 2020 Ministerial Regulation on the transfer of prisoners for external medical treatment, citing unequal enforcement of laws by a government agency.
- In 2023, politics and general news will likely continue to follow debates surrounding Thaksin Shinawatra's hospitalization and the ensuing policy-and-legislation discussions, with the Supreme Court's potential involvement adding an additional layer of complexity to the issue.
