Court asked to rule on anti-torture law

Court asked to rule on anti-torture law

The deliberation of an executive decree postponing the enforcement of key provisions of the law against torture and enforced disappearance was cut short yesterday after government MPs decided to ask the Constitutional Court to rule on its constitutionality.

A special House meeting was held yesterday, the last day of parliament, to consider the decree following a consensus between government and opposition whips that debate was urgently needed.

As the debate proceeded, House Speaker Chuan Leekpai told the meeting that a group of 100 MPs led by Palang Pracharath Party MP and chief government whip Nirote Sunthornlekha lodged a petition asking him to seek a judicial review.

The petitioners claimed the executive decree could fall foul of Section 172 of the constitution and asked the deliberation process to be put on hold pending a court ruling, he said.

Mr Chuan said as the petition was found to be legitimate, he was required to forward it to the court in three days. As such, he said, he had to put off the deliberation process pending the court's decision.

Opposition MPs, who have pledged to vote against the decree, blasted the government coalition MPs for the move, saying it was a tactic to avoid the bill being voted down.

Pheu Thai leader Cholnan Srikaew said the government should be ashamed of itself and that MPs who sought the court ruling must be held responsible for civil rights issues resulting from the postponement of the key provisions of the law.

According to Dr Cholnan, the Constitutional Court will take about two months to hand down a ruling.

Democrat MP and deputy government whip Chinnaworn Bunyakiat said the government MPs were genuinely concerned about the constitutionality of the executive decree.

He said if the court ruled against the decree, it would be dropped, and the Prevention and Suppression of Torture and Enforced Disappearance Act would come into force in its entirety.

Mr Chuan thanked the MPs and parliament officials for their hard work before a royal command closing the session was read out. The meeting was adjourned at 1.41pm without a vote on the executive decree.

During the morning debate, several government and opposition MPs voiced their disagreement with the delayed enforcement of sections 22-25 of the anti-torture law, because authorities concerned would be given four months to prepare after the law is passed by the House.

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