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Suthep wants to be "State Sovereign"

Pheu Thai Party Press Conference

April 08, 2014

RE: Suthep wants to be “State Sovereign”

 

SuthepThaugsuban began his rally since November 2013 and made an announcement on 5th April 2014 that he will seize the sovereign power of Thailand to claim the power for the people and declare himself a sovereign entity. Similar to the leader of a coup d’?tat,  he  will issue orders that will be enforced as law to deal with those in opposition and will propose a royal command for the appointment of prime minister and cabinet members which he would himself countersign the royal command once it has received royal approval.

          Pheu Thai Party would like to inform the people that the word “state sovereign” is widely understood and has the legal meaning as “the eminent one in the land”. This word as per the Constitution and rule of democracy in Thailand traditionally refers to “the people and the King” as in the Constitution Article 3 which states “The Sovereign power belongs to the Thai people. The King as Head of the State shall exercise such power through the National Assembly, Council of Ministers and the Courts in accordance with the Provision of this Constitution”.

          The announcement by Suthep thus violates the Constitution and law as follows:

1.     It betrays the power of the Thai people and the King as per Constitution Article 3 because Suthep is not the National Assembly, Council of Ministers or the Court but is committing treason which is guilty as per criminal code section 113 and 116.

2.     It betrays the democratic system as per the Constitution Article 2 which states “Thailand adopts a democratic form of government with the King as Head of the State”. The action and announcement made by Suthep thus seek to overthrow the Constitution Article 2 and Article 6 which established “The Constitution is the supreme law of the State”

3.     It infringes on His Majesty the King’s power as per the Constitution Article 8 which states “The King shall be enthroned in a position of revered worship and shall not be violated.” And for this reason the Constitution Article 195 states that “All laws, Royal Prescripts and Royal Commands relating to the State affairs must be countersigned by a Minister unless otherwise provided in this Constitution”. Thus the person to countersign the royal command must be the prime minister or others as stated in the Constitution only. By appointing himself as the sovereign entity, Suthep is in breach of the Constitution and clearly infringes His Majesty the King which is another violation of the law.

4.     The Thai people have the right and responsibility to oppose and protect the democratic system, the power of the Thai people and the King as per the Constitution Article 69 that states “A person shall have the right to resist peacefully any act committed for the acquisition of power to rule the country by a means which is not in accordance with the modes provided in this Constitution” and Article 70 which states “Every person shall have a duty to uphold the Nation, religions, the King and the democratic regime of government with the King as Head of the State under this Constitution”.

In Conclusion, all people that love democracy have the duty to protect the royal institution and democratic rule and have the right to peacefully oppose the actions by Suthep.

Pheu Thai Party will do all in its power as per the Constitution and law to uphold the Nation, the religions, the King and the democratic rule with the King as Head of State and appeal to the people, civil servants of all government ministries to use their rights as per the Constitution Article 69 , Article 70 and other relevant articles and the law to aggressively oppose and prosecute Suthep and his faction. Do not provide support or become instrument of Suthep and his faction. Also the Constitution Court and independent agencies should not collaborate, support or conspire with Suthep and his faction in anyway as they would risk being part of the attempt to topple democratic rule with the King as Head of State.

Pheu Thai Party see the solution for the country is to exercise the soverign power as per the Constitution is by holding  election as per the statement made by the Constitution Court  in the ruling 9/2549 dated 8th November 2006. Pheu Thai Party thus implores the Election Commission and the government to enact the amendments to the royal decree and hold a new general election the soonest.

 

Pheu Thai Party
April 08, 2014

 

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