The Constitutional Court decided unanimously today to dissolve the main opposition Move Forward party, after finding the party guilty of attempting to overthrow the system of democracy under a constitutional Monarchy.
The court also decided to debar the party’s executive committee members from contesting elections, from involvement in the setting up of a new party and from sitting on the executive committee of a new party for 10 years from today.
The court ruled that the party’s attempt to amend the lèse majesté law (§112 of the Criminal Code), the inclusion of such proposed amendments in its policy platform and the continuous election campaign for the amendments amount to an act to “degrade the value of the Monarchy”, an act deemed hostile to the highest institution in Thailand.
The court explained that its decision to disband the Move Forward party and to debar its executives is appropriate and proportionate, given the severity of the offences.
The court said that it had exercised extreme caution in arriving at its ruling, adding that dissolving the party was unavoidable, in order to protect democracy under a constitutional Monarchy.
Before arriving at the ruling, the court dismissed the Move Forward party’s challenges to the court’s power to dissolve the party and the legitimacy of the Election Commission in filing the case, seeking the dissolution of the party and the debarment of its executive committee members from politics.
The court ruled that there was no need for the EC to conduct an enquiry, as demanded by the Move Forward party, because the party dissolution case was similar to that already ruled on by the court on January 31.
In that case the party was found guilty of attempting to overthrow constitutional Monarchy over the party’s continuous campaign to amend the lèse majesté law.
The court ordered the party and its former leader Pita Limjaroenrat to cease all activities related to amendment of the lèse majesté law.
The court also maintains that it has the constitutional power to dissolve a political party for involvement in act to upend the democratic system under a constitutional Monarchy.
It said that it is not necessary for the court to wait until the party has been successful in its attempt and that it could take pre-emptive action.
The court recognises the rights of political parties to free expression, but cautions that such rights are not boundless and that political parties cannot exercise such rights or act in a way which could be deemed hostile to the Monarchy.
Among the executive committee members debarred from politics by the court are former leader Pita and party leader Chaithawat Tulathon.
Currently, the party has 148 party-list and constituency MPs in the Lower House. Five of them will lose their parliamentary status, four of the party-list MPs and one constituency MP for Phitsanuloke province.
The court’s ruling today may provide ammunition in another case, in which 44 Move Forward MPs are accused of breaches of ethical conduct for their support of a bill to amend the lèse majesté law.
