Prime minister-in-waiting Yingluck Shinawatra has been promising reconciliation, but exactly how she will go about it remains murky and critics and many supporters remain sceptical of what they say is at best a "vague" plan to heal the socio-political rift in Thai society.
Pheu Thai Party's candidate for prime ministership Yingluck Shinawatra (Photo by Somchai Poomlard)
Ms Yingluck Shinawatra has repeatedly said that as prime minister she would allow the Truth for Reconciliation Commission of Thailand (TRCT) led by Kanit Na Nakhorn-led to continue its fact-finding mission, but that she would also set up a parallel panel to look into legal issues regarding past political legal cases.
In an interview with CNN on Monday, Ms Yingluck, the youngest sister of fugitive former prime minister Thaksin Shinwatra, emphasised that she would ask the authorities to reopen the cases involving her brother and several others because she believed they were wrongly convicted.
Kritaya Archavanitkul, a key member of the People’s Information Centre for the April-May 2010 Crackdown and deputy director of Mahidol University's Institute for Population Studies and Social Research, said it remained unclear just what another panel would be doing and how it would be set up.
"Who will be on this committee, how will the nomination process be conducted? If it is conceived through parliamentary channels, not set up by the government, whatever comes from that panel might be more legitimate," said Ms Kritaya.
Whether the new legal panel would also look into the problematic lese majeste law had yet to be seen.
"Whoever forms the new government will be questioned by civil society groups from within and outside the country aboiut whether they will review Article 112 [of the Criminal Code]," said Ms Kritaya.
She conceded that if the Yingluck-led government left this issue untouched a large chunk of her supporters would be disappointed.
Article 112 had been increasingly used in the past few years to silence critics of the government and the monarchy, and the anti-112 people had become part of the red-shirt movement.
Justice permanent secretary Kittipong Kittayarak said he welcomed the new government’s interest in reconciliation and in the Kanit panel, of which he is a member, and was looking forward to receiving a comfortable level of independence, as was seen during the Abhisit administration.
"Though people said the TRCT was set up by a party of conflict but the government has never interfered in the works of the commission and we hope the important aspect of the TRCT - independence will be adhered to," said Mr Kittipong.
Justice permanent secretary Kittipong Kittayarak (Photo by Sarot Meksophawannakul)
He said he had no idea how a new parallel committee would operate.
The permanent secretary was also uncertain if the Yingluck government would extend the term of the committee set up by the Abhisit government to review the application of Article 112. This panel, led by Mr Kittipong, has not progressed far in drawing up its recommendations due to the highly polarised sentiments within society, he said.
A lawyer for Daranee Chanchoengsilpakul who was convicted and jailed for 18 years for lese majeste, said he had come to the conclusion that the "reconciliation" slogan that the Pheu Thai Party was repeating as a mantra would be used as a political bargaining chip with the military and the conservative establishment.
"It looks like reconciliation means sooner or later there will be no one punished for the deaths and the injuries of the people," said Prawais Prapanugool.
"And there will be no review on the problematic Criminal Code’s lese majeste provision [article 112] and its application, and that finally there will be amnesty for all sides," said Mr Prawais, whose client, also known as Da Torpedo, has been detained without bail since July 2008. The Appeals Court voided Daranee's jail sentence, but she remains behind bars.
Mr Prawais said a blanket amnesty would be a whitewash for Ms Yingluck’s brother, Thaksin, and also for the military.
"For Pheu Thai to end the tragic story there might be renewed remedial measures to compensate and support the families of the victims so they could live out their lives and no longer bother trying to find the culprits, and later on forgive and forget," Mr Prawais said.
The victims should be humanely and adequately assisted by the government. For many grassroots people there would be lots of hassles - a lengthy process and the need to find the resources required in a quest for justice if they were adamant about pursuing the court case against the government apparatus, he said.
"But in this there is a dilemma in that those who used force against the people could again get away with it, with impunity, like they did in the aftermath of the October 14 1973, the October 6 1976, and the May 1992 incidents," he said.
Pansak Srithep, whose 17-year-old son Samaphan is believed to have been the first person killed on May 15 at Soi Rang Nam, said it remained unclear how the would-be prime minister will proceed with reconciliation.
The relatives of the victims from April-May 2010 crackdown committee has already made it clear that only when the truth is told and justice is served can reconciliation be discussed, said the 44-year-old Pansak.
"A vague reconciliation is unacceptable, the rule of law would be sabotaged. My son is already dead. I need no further remedy apart from the truth to heal my soul.
"What if Ms Yingluck's son was killed in a similar way, would she accept this reconciliation ploy, would she snatch at a throw-away financial remedy offered to silence her grief?" said Mr Pansak.
He said Article 112 was an unrelated issue. Whoever was in power had to work out how to best to resolve the controversial application of the law.
Santipong Inchan, who was 24 when he lost the sight in his right eye on April 10, 2010, after being hit by a rubber bullet, said he did not want amnesty because he had not committed any offence. Those who took lives and caused injury to others had to be punished.
"The new government must proceed with seeking the truth, not just compromise with the conservative forces and try to convince us to forgive and forget.
"We voted you in, if you neglect this mission [ensuring justice], we will bring you down," said Mr Santipong.
He said the red-shirt people would monitor a Yingluck-led government in the same way they scrutinised the Abhisit-led government.
"Lots of people were killed, how can you now say 'let's get over it' and put everything under the carpet. It can't be and it will never be possible," said Mr Santipong.
Pheu Thai legal adviser Chusak Sirinil said he knew nothing about a new panel to be set up into legal issues relating to past political incidents.
