The National Anti-Corruption Commission (NACC) is trying to equip itself with the power to impeach, but it will not be easy for it to get what it wants.
Anti-graft officials inspect asset declaration documents belonging to the National Legislative Assembly. The National Anti-Corruption Commission wants to give itself more power so it can punish corrupt officials more harshly. (Photo by Kijja Apichonrojjarek)
Last week, NACC chairman Panthep Klanarongran approved a draft amendment of the anti-graft bill, which seeks to endow his organisation with the power to arrest and bar corrupt politicians from returning to office.
If the National Legislative Assembly gives it the green light, parliament will no longer face the risk of being sued by disgruntled politicians, but the draft law faces many hurdles ahead.
For starters, the draft amendment bill has yet to be reviewed by the Council of State, the government’s legal arm.
Many legislators also believe the NACC's proposed new powers may not be in accordance with the United Nations’ convention on corruption. They agreed to set up a committee to study the draft bill for 30 days before it returns to the NLA for consideration.
The draft law would give the NACC authority to arrest suspects as well as punish corrupt politicians with a life-long political ban. It would also give the anti-graft agency authority to punish government officials who take or demand bribes.
The draft amendment was approved in principle in its first reading. Initially, it was expected to be deliberated by the NLA today. On closer inspection, many legislators are concerned about the NACC's potential new power, so it has been held back for “further studies”.
There are 28 sections in the draft amendment bill. Here are its important points:
Section 7 allows parliament to file corruption charges against NACC members through the Supreme Court’s Criminal Division for Political Office Holders. If any NACC members are unusually rich or violate the law, MPs and senators who make up one-fifth of the parliament can file charges against the NACC member.
Section 8 gives the NACC the power to revoke former rights and deeds issued unlawfully by government officials which have caused damage to the state.
Section 10 authorises the NACC to appoint individuals or groups of people to execute tasks assigned by the NACC.
Section 12 deals with political office holders’ declared assets. In this much stricter rule, this law casts a wider net over officials, from the prime minister, cabinet ministers, senators, political office holders, parliamentary officials, down to members of local administration bodies.
Under this law, national politicians who fail to file asset declaration papers by the deadline, intentionally file false information, or hide certain assets will face trial under the Supreme Court’s Criminal Division for Political Office Holders. Locally elected politicians, however, will face lawsuits under the Appeal Court.
If the court finds them guilty, they will be barred from returning to politics or holding bureaucratic positions for life. Punishment under the present anti-graft law involves a ban of only five years.
Section 13 requires all political office holders and local administrators in various local administrative bodies to declare their assets.
Section 16 focuses on senior government officials who will be under the NACC's watch. They include the presidents and their deputies at the Supreme Court, Constitutional Court, Administrative Court as well as the attorney-general and his deputies, the Election Commission (EC), the Office of the Ombudsman, the Military Court and all the judges of the Supreme and Administrative courts.
If these senior officials fail to declare assets, hide their assets, or file false information, they will be taken to task by the Supreme Court’s Criminal Division for Political Office Holders. For other officials, they will go the the Appeal Court.
Section 18 gives the NACC the power to arrest and detain corruption suspects. The NACC can use this power if suspects fail to report themselves after police and court orders. At present, the NACC has only the power to ask police to arrest the suspects.
Section 19 deals with the statute of limitations on corruption charges. Currently, suspects or convicts flee and return when their cases expire. The new law will not count the time they flee as part of the statute of limitations.
Section 20 empowers the NACC to confiscate the suspects’ assets from one to two years if they cannot prove they have been earned honestly. If the suspects or convicts are already out of office, they are still liable to legal punishment.
Section 27 increases punishment for officials — including those under foreign governments and international organisations — for taking or demanding bribes. Punishments range from five years to life imprisonment. The fines range from 100,000 to 400,000 baht. The death sentence is also included.
Those found guilty of offering bribes are liable to a five-year jail sentence and/or a maximum fine of 100,000 baht.
It seems that the amendments to the anti-graft law have been sought in response to public demands for a more effective anti-graft organisation and stronger punitive measures against corruption. At the moment, the NACC is seen as a mere paper tiger.
If rushed into law without careful deliberation, this potent anti-graft law could turn into a powerful tool for politicians and big political parties. We really don’t know when a power shift could take place again. Don’t forget what happened to the EC under Thaksin.
The decision to “study” the amendments for another 30 days is apparently an effort to buy time. But it is good for all parties to be able to scrutinise and monitor important laws. Participation is a part of reform.
It is better to be safe than sorry in case this law ends up being a weapon wielded against political enemies. It will also be more difficult to amend once it becomes law.
There is no need for the NACC to be hasty in pushing for this law. After all, the charter is not yet drafted. Therefore, this organic law on anti-corruption should be put on hold until the charter is complete.
Nattaya Chetchotiros is Assistant News Editor, Bangkok Post.