The Constitutional Court on Wednesday dismissed a petition alleging that state officials facilitated former prime minister Thaksin Shinawatra serving his prison sentence in a hospital rather than a prison.
The petition, filed by Kongdecha Chairat, accused Justice Minister Pol Col Tawee Sodsong, the Department of Corrections (DoC) director-general, and the Bangkok Remand Prison chief of failing to strictly enforce regulations regarding treatment outside prison. This reportedly allowed Thaksin to stay at the Police General Hospital (PGH) and receive privileges unavailable to other inmates despite no clear evidence that his health condition was critical.
Thaksin, sentenced to eight years in prison across three cases before receiving royal clemency, reducing his term to one year, was detained in a ward on the 14th floor of the hospital for approximately six months. He was paroled and discharged from the PGH on Feb 18, completing his one-year prison term on Aug 31.
Mr Kongdecha alleged that the three officials' actions violated Section 27 of the constitution and undermined the judiciary and the constitutional monarchy.
Upon reviewing the complaint, the court found insufficient evidence to support allegations of negligence or malfeasance. The accusations were deemed baseless, failing to prove that the officials had exercised their rights to try and overthrow the constitutional system. As a result, the court unanimously dismissed the petition.
Mr Kongdecha had initially filed the petition with the attorney general (AG) on Nov 11, requesting the AG seek a court order to prevent Thaksin from influencing the three officials. After the AG dismissed the petition, it was filed directly with the court.
The court's ruling came shortly after the National Anti-Corruption Commission (NACC) announced on Monday that it would investigate the officials accused of allowing Thaksin to stay in the hospital instead of prison. The NACC's inquiry will target 12 officials from the DoC and PGH.
On Thaksin's first night at Bangkok Remand Prison, doctors recommended his transfer to the PGH due to chest pain, hypertension, and low blood oxygen levels. While Thaksin was legally permitted to receive treatment outside prison for 120 days, the DoC allowed him to extend his hospital stay beyond Dec 22.
Meanwhile, political activists gathered at the NACC office on Wednesday to support the agency and urge it to complete the investigation into Thaksin's extended hospital stay within three months. They also submitted recommendations to the NACC for consideration during the probe. The activists stressed the need to separate the investigation into Thaksin's parole from his hospital stay, expressing scepticism about whether the parole decision was based on an honest assessment of his health.
They pointed out that Thaksin appeared healthy and engaged in activities such as travelling and playing golf after his release, contradicting earlier claims about his fragile health.
The NACC was also urged to demand Thaksin's medical records without delay. Activists called for scrutiny of the justice minister, the justice permanent secretary, and the police chief regarding their roles in managing Thaksin's sentence. Furthermore, the activists emphasised the importance of proactive measures in sentence management, particularly in corruption cases.
They argued that while removing the statute of limitations was a positive step in combatting corruption, the lack of transparency and oversight in sentence management could erode public trust in the justice system. Among those present at the NACC office were former red-shirt leader Jatuporn Prompan, lawyer Nititorn Lamlua and Pichit Chaimongkol from the Network of Students and People for Reform of Thailand.