The Constitutional Court on Wednesday disbanded the Move Forward Party (MFP), saying it was guilty of jeopardising the constitutional monarchy and national security, and banned its executives for 10 years.
Announcing their ruling at 3pm, the nine judges said the party posed a threat to the constitutional monarchy and national security by continuously and seriously campaigning for the amendment of Section 112 of the Criminal Code, the lese-majeste law.
It pointed to a party proposal to amend the law on March 25, 2021, policy statements during its campaign for the May 14, 2023 election, and expressions of intent to amend the law through many political activities and channels.
The court said that the party proposed Section 112 be amended to separate wrongdoings under the section from other offences against national security, make wrongdoers eligible for pardon and enable settlement.
According to the court, such attempts diminished the value of the royal institution, showed intention to abuse the royal institution for political gain in the general election, hurt people’s faith in the institution and affected national security.
“Expressions of opinion toward legal amendments and the vote campaigns posed significant threats to national security,” it said.
The law required the court to dissolve the party to protect the constitutional monarchy and the rule would apply to any party that committed such legal violations, it added.
Warning to diplomats
The court also said that foreign diplomats at any level must observe international etiquette while expressing opinions as all countries have their own laws, constitutions and regulations.
The statement appeared to be a veiled reference to a recent meeting at which 18 Bangkok-based diplomats, mainly from European countries, invited Move Forward chief adviser Pita Limjaroenrat to discuss the approaching court ruling and the party’s defence.
The dissolution resolution consisted of two parts: The judges voted unanimously to disband the party for seeking to overthrow the constitutional monarchy to gain power through unconstitutional means. They voted 8-1 to approve disbandment for taking actions that may be hostile towards the constitutional monarchy.
Both cases are under Section 92 of the organic law on political parties.
Apart from dissolving the party, the court also banned 11 Move Forward executives who held positions between March 25, 2021 and Jan 31 this year from running for elections, setting up a new political party or taking part in forming a new party for 10 years. The decision was unanimous.
Among those banned, effective immediately, are Mr Pita and party leader Chaithawat Tulathon. Six of those banned were sitting list-MPs (full list below).
The party’s 142 remaining MPs, meanwhile, have 60 days to find a new party or lose their MP status. The party was preparing to hold a news conference at 6pm to announce its plans.
Mr Pita was the only representative of the party at the court. (Story continues below)
Move Forward Party chief adviser Pita Limjaroenrat listens to the ruling at the Constitutional Court on Wednesday. (Screenshot)
Blocked from governing
Move Forward won the 2023 election but was unable to form a government because many unelected Senators opposed its proposal to amend the lese-majeste law. The runner-up Pheu Thai Party subsequently formed a new coalition without Move Forward, and the latter moved into the opposition.
The amendments proposed by MFP included a requirement that any lese-majeste complaint must be filed by the Bureau of the Royal Household. Currently, any individual or group can file a royal defamation complaint against anyone else, and police are obliged to investigate it.
Move Forward also called for reduced sentences for lese-majeste convictions.
About 270 people have been charged under Section 112 since its use was revived in mid-2020 after protests against the military-linked government of the day began to escalate.
On Jan 31 this year, the Constitutional Court ruled that Move Forward’s efforts to change Section 112 reflected an intention to undermine the constitutional monarchy. It also ordered the party to cease all attempts to rewrite Section 112 and prohibited it from amending the section through any non-legislative process.
The ruling provided the basis for the Election Commission to seek the party’s dissolution for violating Section 92 of the organic law on political parties. The section authorises the court to dissolve any party posing a threat to the constitutional monarchy.
Move Forward denied wrongdoing and maintained that the poll body made fundamental errors. It lined up numerous legal scholars and others who were prepared to back its case, but the court declined to hear any oral testimony.
The court on Wednesday said that all of the conclusions it reached on Jan 31 also applied in the new case. In the earlier case, it said, Move Forward had the opportunity to present evidence before the court. Therefore a witness examination by the Election Commission was not necessary.
Second ban
Move Forward rose from the ashes of the Future Forward Party, which was dissolved in 2020 for accepting a loan from one of its founders. A year earlier it had shocked pundits by winning more than 80 seats in the general election.
When Future Forward was disbanded, its MPs moved to Move Forward, a party that had been founded in 2014 and based in Udon Thani.
It has been reported that all Move Forward MPs were preparing to move to the little-known Thinkakhao Chaovilai Party if the party was dissolved.
The banned MFP executives are:
- Pita Limjaroenrat, former leader and chief adviser, list MP;
- Chaithawat Tulathon, leader and former secretary-general, list MP;
- Nathipat Kulsettasit, party treasurer;
- Nakornpong Supanimittrakul, party member registrar;
- Padipat Santipada, former executive member, northern region;
- Somchai Fangchalachit, party executive committee, southern region;
- Amornrat Chokpamitkul, party executive committee, central region;
- Apichart Sirisunthon, executive committee member, northeastern region, list MP
- Benja Saengchan, party executive committee, eastern region, list MP;
- Suthep U-on, party executive member, labour wing, list MP;
- Abhisit Promrit, party executive committee, northern region, list MP.
Supporters gather at the Move Forward Party headquarters in Hua Mak district of Bangkok prior to the reading of the Constitutional Court ruling on Wednesday. (Photo: @MFPThailand X account)
