Former prime minister Thaksin Shinawatra remains eligible to apply for a royal pardon, as no previous petition has been filed on his behalf, Deputy Prime Minister Borwornsak Uwanno said on Thursday.
The clarification came after some legal experts had argued that Thaksin no longer qualified for a royal pardon.
Mr Borwornsak, who oversees legal affairs, explained that under Section 259 of the Criminal Code, every convicted prisoner retains the right to seek a royal pardon.
The right can only be restricted if a previous petition has been denied, in which case, Section 264 specifies that a new petition may not be submitted until two years later.
He said the justice minister, Pol Lt Gen Rutthapon Naowarat, is responsible for forwarding such a petition through the Secretariat of the Cabinet to the Royal Household Bureau.
The Privy Council then reviews the petition and gives its opinion before the matter is presented to His Majesty the King, whose decision is final under Section 179 of the constitution.
Mr. Borwornsak noted that there are two forms of royal clemency – individual royal pardons and general pardons issued on special occasions. Both, he stressed, are entirely within the royal prerogative and cannot be influenced by any branch of government.
When asked whether Thaksin’s petition might be delayed or blocked, he reiterated that “it is the legal right of every prisoner” to seek clemency. The only exception applies to those sentenced to death, who may submit just one petition.
At Klong Prem Central Prison in Bangkok, Thaksin’s former wife, Khunying Potjaman Damapong, accompanied by his lawyer Winyat Chartmontree, visited him at 9am on Thursday.
She briefly told reporters that Thaksin “looked fine, just a little unwell,” before leaving the compound.
Mr. Winyat declined to comment on reports that the justice minister had forwarded a second petition on Thaksin’s behalf, saying the issue falls entirely under royal discretion.
Mr. Borwornsak confirmed that no such petition has ever been rejected. On August 31, 2023, a royal command granted Thaksin a pardon, reducing his total prison term to one year.
The Supreme Court has since ruled that the 76-year-old billionaire must serve the one-year term imposed two years ago, determining that his extended stay in a private hospital did not meet the conditions of his sentence.
The court also dismissed Thaksin’s claims of illness, which had allowed him to remain at Police General Hospital from the night of his return to Thailand in August 2023 until his parole in early 2024.
