Anek Laothammatat, chairman of the Constitution Drafting Committee’s reconciliation panel, on Sunday suggested the government invoke Section 44 to study and implement a proposed amnesty for people connected to political conflicts over the past decade.
Mr Anek claimed the amnesty for people who took part in political rallies was a move welcomed by society and if implemented quickly, it would send a positive sign and create belief in the National Council for Peace and Order's seriousness about moving national reconciliation to the next stage.
The 28-member reconciliation panel is due to submit a six-point recommendation that includes the amnesty to National Reform Council chairman Thienchay Kiranandana on Monday.
Mr Anek described the proposed amnesty as part of a “restorative justice” approach. He noted that reconciliation efforts could not go ahead unless there is a balance between the enforcement of law, forgiveness and mercy.
“We cannot achieve reconciliation or metta dham (benevolence) by discarding the law. Whereas, if we enforce laws so strictly and forsake metta dham, it will be difficult to push ahead with reconciliation,” Mr Anek said.
He rejected a proposal by Cherdchai Tantisirin, a former Pheu Thai MP for Khon Kaen, that his panel should seek a blanket reprieve that would include those arrested and charged with criminal offences, saying such a move was impossible and would face strong opposition by all groups.
Mr Anek explained that the early stage of the amnesty should cover only people who “purely and sincerely” participated in political events and committed minor offences such as violating the emergency decree or the Internal Security Act, not those who caused loss of life or property damage. This includes officials who received orders from their superiors in dealing with political demonstrators.
He reiterated that people charged in connection with criminal cases such as launching arson attacks in Bangkok during the 2010 street violence, corruption and lese majeste offences must enter the judicial process first and serve their sentences.