Justice Minister Pol Col Tawee Sodsong has downplayed concerns over the Ombudsman's review of Thaksin Shinawatra's hospitalisation order in 2023, saying the former prime minister's six-month stay at Police General Hospital (PGH) was legally justified.
Pol Col Tawee said on Tuesday he is not concerned about a petition filed by the National Human Rights Commission (NHRC) requesting the court nullify the Department of Corrections' (DoC) regulation that allowed Thaksin to enjoy what is alleged to be privileged treatment at the hospital. He said the ministry respects investigations conducted by an independent organisation and refrains from interfering in them.
The Ombudsman has already issued three opinions regarding Thaksin's transfer, medical treatment, and adherence to regulations.
The justice minister further explained that the Criminal Procedure Code and the Corrections Act carry equal legal weight. Prison transfers for medical treatment in the previous version of the corrections law were done similarly without requiring court permission, he said.
But the Supreme Court's ruling has separate powers. Pol Col Tawee said the ministry was willing to clarify its position if required.
Meanwhile, Pol Lt Col Keerop Kritteeranont, secretary-general of the Office of the Ombudsman, said the NHRC's petition, received last Friday, raised two key issues -- the 2020 regulation permitting inmates to be treated outside prison and the decision to grant permission for Thaksin to be transferred to the hospital.
The Ombudsman's office has officially accepted the complaint and will now delve into the facts. It will ask the DoC and relevant agencies to find out how they thought to issue such a regulation and whether its revocation would harm the public or contradict the constitution.
Pol Lt Col Keerop said that further steps, including summoning relevant agencies or requesting supporting documents, would depend on the preliminary review.
As the Supreme Court sentenced Thaksin without stipulating for any potential hospitalisation, critics argue that his subsequent transfer to PGH could conflict with judicial intent. If any of the related information is unclear, agencies may be invited for further discussions. Usually, the Ombudsman sends clarification requests within a week, giving agencies 30 days to respond. Extensions are allowed up to 60 days. If the Ombudsman agrees to amend the regulation, but relevant agencies decline to follow suit, it may take the matter to the Administrative Court.
On the question of restarting Thaksin's sentence, Pol Lt Col Keerop said such decisions would depend on legal analysis. If any regulations are nullified, a final decision could depend on whether the legal consequences would impact Thaksin, the DoC, the correctional hospital, or PGH in accordance with existing laws.
The NHRC's petition followed a complaint filed last year about possible human rights violations due to the unequal enforcement of laws by a government agency, alleging that Bangkok Remand Prison failed to fulfil its constitutional obligations under Section 53, which mandates that the state must ensure strict compliance with and enforcement of the law.
The NHRC thus issued a letter dated April 10 to the Ombudsman, urging it to consider submitting the case to the Administrative Court to revoke the decision allowing Thaksin to receive medical treatment outside the prison and to annul the 2020 Ministerial Regulation on the transfer of prisoners for external medical treatment.
