Progressive party in Thailand braces for court case that might dissolve it

BANGKOK– The former leader of Thailand’s progressive opposition Move Forward party vowed Sunday to keep fighting as the party faces a court case that could result in its dissolution.

The Constitutional Court has agreed to govern over whether the party violated the constitution by proposing to amend a law that prohibits defaming the country’s royal family. The petition called for the dissolution of the party and a 10-year ban on political activity by its executives. The court has not said when it will rule on this case.

Pita Limjaroenrathe former leader of Move Forwardlaid out details of the party’s legal defenses presented to the court at a news conference on Sunday.

“If there is rule of law in Thailand, I am very confident” that the party’s arguments will prevail, he said.

Pita said that the Constitutional Court has no jurisdiction to rule on this case and that the petition filed by the Electoral Commission did not follow due process because Move Forward was not given the opportunity to defend itself before the case was presented to the court .

The petition was filed after the same court ruled in January that the party should stop advocating for changes to the law, known as Article 112 in Thailand’s criminal codes, which protects the monarchy from criticism by imposing sentences of three to 15 years in prison for each crime.

That ruling did not set any punishment for the match.

Move Forward shook Thai politics by winning the most seats in last year’s general election, but was prevented from taking power and has since been fighting several legal battles to keep its seats in Parliament. These legal cases are seen as part of a years-long attack on the country’s progressive movement by conservative forces trying to maintain their grip on power.

Move Forward’s predecessor, the Future Forward party, was dissolved by the Constitutional Court in 2020 for violating electoral laws on donations to political parties.

Move Forward has insisted it wants to keep the monarchy above politics and not be exploited as a political tool.

Thailand’s monarchy is considered untouchable, but student-led pro-democracy protests, sparked by the dissolution of Future Forward in 2020, began to challenge that sentiment by openly criticizing the monarchy. That led to vigorous prosecutions under the law, which critics say is often used as a tool to stifle political dissent.

Advocacy group Thai Lawyers for Human Rights says that since the beginning of 2020, more than 270 people have been charged with violating Article 112. Some of them are Move Forward’s own legislators.

Thailand’s courts, especially the Constitutional Court, are considered a bulwark of the country’s traditional royalist establishment, which has used them and nominally independent state agencies such as the Election Commission to issue rulings to paralyze or sink political opponents.

Pita warned that getting rid of the country’s largest opposition party would mean “an attack on democracy” as it would weaken the government’s checks and balances mechanism.

“The strength of democracy does not depend on how robust the government is, but on how fair and active the opposition is,” he said.

The Move Forward party finished first in the 2023 general election after campaigning to amend Article 112 and introduce other democratic reforms. The victory signaled that many Thai voters were ready for change after nearly a decade of military-controlled rule.

But the military-installed Senate prevented the party from taking power by refusing to confirm Pita, who was the party’s candidate for prime minister. The senators said they opposed Pita because of his intention to enact reforms to the monarchy.