The law has 11 sections covering 152 articles. It is the third of the 10 organic laws that have received royal endorsement so far. The first two were the laws concerning the Election Commission and criminal procedures against political office holders.

It is unclear when the junta will lift the ban on political gatherings and political activities. Many people have concerns that the political parties law lays out so many new rules that parties may require some time to meet them before the election.

The new stipulations include the primary voting system in which the selection of MP candidates will be done through internal voting within parties. Previously, the party’s board had nearly absolute power to pick candidates to run in an election.

Although some people view the practice as democratic, allowing more participation, political parties have expressed concern that it will create a financial burden for them. Smaller parties might not have the capability to carry out internal polls.

Other controversies came after it was revealed that the law includes the collection of the annual membership fee and the setting up of branches across the country. Political parties argued that these could be very challenging, even impractical, especially when they had limited time to prepare for the election.

Involved agencies such as the Electoral Commission, however, have insisted that the new rules were necessary to bring about change and reform.

The political parties law is one of the four organic laws crucial for holding an election. Besides the EC law that has also already been promulgated, the other two necessary laws for an election are the MPs and Senate laws.

POLITICAL scientists and the outgoing commissioners of independent agencies who are to be dismissed under the new organic laws have agreed that the treatment was selective – but for different reasons.

Some political observers have said that all independent agencies should be reset with new commissioners. But those commissioners falling victim to the new organic laws argue that they acquired their positions legitimately under the previous legislation and they have the right to remain in office.

The political casualties come as a sacrifice to the new Constitution and its organic laws, which aim to revamp the overall national administration with more qualified people who will have to pass new and higher bars to win their positions.

The Constitution Drafting Commission (CDC), which is responsible for the legislation, said that the laws must be respected, and only those commissioners who pass the new qualifications could stay in power.

At the beginning of the process, the CDC said that only the National Human Rights Commission (NHRC) should be removed in its entirety, citing the agency’s downgrade in the international arena.

When the bills entered the National Legislative Assembly (NLA), things changed. The NLA decided that all the five Election Commission (EC) members should be dismissed to ensure the selection of a new batch of seven commissioners who could work more smoothly together.

The Ombudsmen, on the other hand, were spared and allowed to continue their terms despite a change in the number of members. One additional member will be recruited without the two current members being removed.

Yutthaporn Issarachai, dean of the faculty of political science at Sukhothai Thammathirat University, said that he would have agreed with all commissioners in independent agencies being dismissed, because all the rules had changed.

The new laws set out new conditions, qualifications, authorities and everything, he said, and new officials must be recruited to fit the new circumstances. Unequal treatment at different agencies was unfair,.

Asked whether it would have also been unfair to dismiss them all when they had quit their previous jobs to take up the posts, Yutthaporn said that that was something they had to accept.

“This is not an employment situation where they are hired to do ‘jobs’. These are commissions and they are similar to other political jobs that are subject to changes,” he said.

The scholar also thought a reset was better for the public interest, as the new people would work better with the new rules. And while the outgoing commissioners said this could lead to a disruption in work, Yuttha-porn said there should not be a problem. This is because the work was done by officials and the commissioners only voted to finalise issues.

However, Yutthaporn said he had concerns over the qualification requirements. Given the relatively high level of qualifications for the new posts, the candidate pool might be very small. Finding the right candidates might be difficult, as the choices were very limited, Yutthaporn said.

Political analyst Sukhum Nuan-sakul agreed that all commissioners should be removed from office, as they had all been part of the previous political turmoil. “Reset them all to square one and start everything all over again. I’m all for a new start,” he said.

Sukhum said it was discriminatory for the legislation to allow some commissioners to keep their jobs but without giving explanations. This undermined the system of checks and balances and made the reset unacceptable. Also, he did not want people to think that the reset would cause trouble for the agencies or that the sudden change would affect the work.

Rather, he would like everyone to embrace the change and be open-minded. The new commissioners could bring a better beginning and make a better contribution than their predecessors, Sukhum added.

The NLA has already finalised plans for all current members of the EC and the NHRC to leave office once the new commissioners took up the posts, according to organic laws related to the agencies.

The NHRC president What Tingsmith said that the dismissals could be seen as unfair to the commissioners. They had to resign from their previous work to accept the positions, and now they have to leave office having not even served half of the six-year term as stipulated in the previous charter, he said.

“Personally, I could still go back to [work at] the court of justice, but other commissioners might not be able to do so,” said What, who is a former judge. He added that the affected commissioners should be treated fairly and receive compensation.

Two weeks ago, What submitted a complaint letter to Prime Minister General Prayut Chan-o-cha asking to reverse the reset, insisting that it was not in line with the Constitution.

EC commissioners could not be reached for comment. However, last week, EC member Somchai Srisuthi-yakorn lodged a complaint with the Ombudsman to review the reset of the EC, citing a violation of basic rights and equality guaranteed by the Constitution.

The preference is UK, where she is now residing on a tourist visa, the source said, but declined to elaborate which passport she is using.

The source said the UK is her favoured choice because her brother Thaksin, who is living in exile in Dubai, has a residence there.

“Khun Yingluck is fine. She enjoys cooking Thai food with close friends who visit her. But she will remain silent for a while,” the source said.

The Supreme Court’s Criminal Division for Political Office Holders last month sentenced Yingluck to five years in jail for negligence in preventing corruption and irregularities in her government’s rice-pledging scheme. She fled Thailand in late August to Dubai and London prior to the original scheduled reading of the verdict on August 25.

She is now in the process of preparing an asylum application but first needs a full version of the court verdict to support her case. Her legal team will use the detailed verdict to justify her application for asylum status.

“We need to prove that Yingluck is being politically bullied,” said the source who spoke on condition of anonymity. “It’s not safe for her to stay in Thailand. We will tell [the country she will apply to] that she has faced an unfair justice system since her government was toppled in a coup and she had to flee the country,” the source said.

It is not easy to obtain political asylum status in the UK. Most applications are rejected due to a strict and complicated screening and placement system, with only 28 per cent of all requests approved last year, according to experts familiar with the process in that country.

According to the UK-based Refugee Council charity, 12,688 asylum applications were made to the British government from January to August this year, 10,836 decisions were finalised with 3,731 approvals for refugee status, humanitarian protection, discretionary leave and other grants. The rest, or 7,105 requests, were turned down.

If Yingluck is seeking asylum in the UK, an application can be made immediately upon arrival in the UK, legal expert Thanakrit Worathanatchakul said. Asylum seekers in the UK must be able to show that they cannot return to their countries because of fear of persecution based on race, religion, nationality or political opinions, he said. The authority would take six months to consider the request, he said.

If the asylum request is granted, they can stay in the UK for five years. If they still fear persecution in their home country after that period, they may apply for residency in the UK. They may also be granted humanitarian protection instead of asylum, which will also permit them a five-year stay in the UK. Asylum seekers could also appeal to the British courts if their requests were rejected by the UK Home Office, he said.

Thai authorities would continue their efforts to seek Yingluck’s extradition over her conviction for malfeasance.

In theory, a country is prohibited from seeking extradition of any political crime offenders, said Attorney-General Khemchai Chutiwong, but argued that Yingluck’s case is an ordinary corruption case and has nothing to do with the political conflict in the Kingdom.

The main concern now is whether the relevant agency would be able to locate the fugitive former premier, he said, noting that otherwise it would be impossible to request extradition.

The host country has full authority to decide on the request, he said. “They might regard the case as a political crime but we have solid grounds to argue that it is not,” he said.

OUSTED FORMER Prime Minister Thaksin Shinawatra faces mounting legal problems following the new Attorney-General Khemchai Chutiwong’s announcement yesterday that he would reactivate many of the cases that had been suspended against the fugitive.

The new law on criminal procedures for political office holders, which came into force on September 29, authorised the Office of Attorney-General to proceed with cases in absentia, he said.

The Supreme Court’s Criminal Division for Political Office Holders had suspended many cases against Thaksin since he fled the country nearly a decade ago.

While the previous process did not allow court trials in absentia, Article 69 of the new law stipulates that legal procedures can be continued, unless they are finalised before the new law takes effect.

Article 28 also says that the Supreme Court can deliberate cases in absentia if defendants fail to appear before the court.

The Attorney-General said he would set up a panel to explore reopening Thaksin’s cases but had not given it a specific deadline.

The panel could present a request to pursue the cases to the Supreme Court’s Criminal Division for Political Office Holders, he said.

Two of Thaksin’s cases that were temporarily disposed of by the court are an accusation of fraud over a Krungthai Bank loan and a violation of excise tax relating to satellite and mobile telephone concessions, he said.

Several other cases have been suspended since he fled Thailand.

Thaksin went into exile when the court was about to deliver its verdict over the Ratchadaphisek land deal in 2008.

He was found guilty of a conflict of interest while he was prime minister by facilitating the purchase by his ex-wife, Khunying Potjaman Na Pombejra, of 33 rai of land from the Bank of Thailand’s Finance Development Fund at a discounted price.

The Supreme Court’s Criminal Division for Political Office Holders sentenced him to two years’ imprisonment on October 21, 2008.

Khemchai declined to comment on other cases handled by the National Anti-Corruption Commission, saying it was up to the agency to consider whether they would fall under the new law and could be pursued.

Asked if he had been ordered to target the former premier, Khemchai said it was the job of his office to consider the implications of the new law. It was then up to the rule on the request.

If his office failed to pursue the cases, it could be subject to criticism, he said.

Thaksin is in Dubai after spending time with his family in London last month. His youngest daughter, Paetongtarn, posted a photo on Thursday of her father in his Dubai residence on her Facebook account, Ing Shinawatra.

The Attorney-General’s Office has agreed to a police request to formally charge Thaksin with lese majeste and violation of the Computer Act, Khemchai said.

The charge relates to Thaksin’s statement in 2015 when he allegedly made contentious statements in an interview with a South Korean media about who was behind a coup that ousted the Pheu Thai-led government in May 2014.

Khemchai was speaking during his first press conference yesterday after becoming Attorney-General.

He said the next step would be to locate Thaksin and issue an arrest warrant. Once his whereabouts were confirmed, Thai authorities would ask for his extradition, he said.

The committee seeking the new seven commissioners held its first meeting on Friday.

It resolved to accept applications from October 19 to November 10. All new commissioners must be sought by December 12, or 90 days after the bill came in effect.

The EC is a key player in the organising of general elections.

The committee that met on Friday consists of top judges from the Supreme Court and Supreme Administrative Court, the junta-appointed head legislator and experts appointed by independent organisations.

Acting commissioner Somchai Srisutthiyakorn, who has been opposing the new EC bill, had filed a petition to the Constitutional Court to consider whether the bill’s requirement for them to step down violated the charter.

The charter’s drafter chief Meechai Ruchuphan said on Friday that the seeking committee might decide to slow down the recruitment process to give the Constitutional Court more time to clarify the issue.

If new commissioners are sought prior to the Court having time to consider it, they would only have to follow the Court’s decision once it has ruled on it, he added.

Lt-General Krisana Bovornrattanaraksa, who sits on the justice reform committee, said the military court, military prosecutors and other justice processes and mechanisms, would be subject to reform along with other justice elements, because the nation is going through a major reform process.

The committee on Friday revealed its work updating justice reform, as addressed in the new reform law, which is supposed to be submitted in December along with other 10 works of reform to the government for long-term implementation

Atchaporn Jaruchinda, the committee’s chair, said the committee would cover seven aspects of justice in its reform agenda. First, work procedures within justice related agencies must have a timeframe so that people can follow up. Second, there must be mechanisms to support the underprivileged to better access justice. Third, there must be mechanisms to ensure equality in regard to justice.

Fourth, there must be mechanisms related to law enforcement. Fifth, there must be improvements in investigations and checks and balances between investigators and prosecutors. Sixth, there must be the introduction of forensic science in helping investigations, and lastly, there must be an overhaul of justice culture to improve the quality of personal justice.

Atchaporn said the committee would develop proposals accordingly and submit them to the government in December for long-term implementation as required by law.

Courts had previously suspended cases launched against Thaksin following previous legal procedures against politicians in criminal cases.

But the new laws could allow cases to be re-opened and pursued, said Khemchai, adding that this is his person interpretation of the new law. Article 69 stipulates that any legal procedures would be continued under the new law, unless they are finished under the old law. Article 28 also stipulates that the Supreme Court can deliberate cases in absentia if defendants fail to appear before the courts.

Khemchai said he views these legal causes as allowing previously abandoned cases to proceed under the new law.

The Attorney General said he has ordered a panel created to consider the possibility but had not given it a specific deadline. The panel could present a request to pursue the cases to the Supreme Court’s Criminal Division for Political Office Holders.

Two cases indicting Thaksin were temporarily disposed of by the court. One involves accusations concerning a Krung Thai Bank loan fraud and the other a satellite and mobile telephone signals concession-turned-excise tax.

Khemchai declined to comment on other cases that could be considered by the National Anti Corruption Commission, saying it’s up to the agency to consider whether they should fall under the new law.

Asked whether the Office of the Attorney General had singled out and targeted Thaksin, Khemchai said it’s the job of the office to consider the implications of the new law. It is then up to the courts how it would rule on the OAG request once it had received it. If the OAG failed to pursue the cases, it could be subject to criticism, he said.

Thaksin is now back in Dubai after spending time with his family in London last month.

Thaksin’s youngest daughter Paetongtarn on Thursday posted a photo of her father in his Dubai residence on her Facebook account, Ing Shinawatra.

Yingluck is now residing in the UK on a tourist visa, the source said, but declined to elaborate which passport she uses.

The source said the UK is her preferred location to seek asylum because her brother Thaksin, who is living in exile in Dubai, has a residence there.

“Khun Yingluck is fine. She enjoys cooking with close friends who visit her. But she will remain silent for a while,” the source said.

The Supreme Court’s Criminal Division for Political Office Holders last month sentenced Yingluck to five years in jail for negligence in preventing corruption and irregularities in her government rice-pledging scheme. She fled Thailand in late August to Dubai and London prior to the original scheduled reading of the verdict..

She is now in the process of drafting an asylum request but first needs a full court verdict to submit. The detailed reasons for judgment are expected to be released in the next few days.

Her legal team will use the detailed verdict to help justify her application for asylum status.

“We need to prove that Yingluck is being politically bullied,” said the source, who spoke on condition of anonymity. “It’s not safe for her to stay in Thailand.

“We will tell [the country she will apply to] that she was faced with unfair justice since her government was toppled by a coup and had to flee the country,” the source said.

According to the UK-based Refugee Council charity, 12,688 asylum applications were made to the British Government from January to August this year.

During that period, 10,836 decisions were finalized with 3,731 approvals for refugee status, humanitarian protection, discretionary leave and other grants. The rest, or 7,105 requests, were refused.

Fugitive ex-PM Yingluck Shinawatra has reportedly sought political asylum in the UK after having fled from Thailand just prior to being convicted and sentenced to five years in prison for neglecting to properly oversee her government’s corruption-plagued rice-pledging scheme.

Thanakrit Worathanatchakul, provincial attorney at the Office of the Attorney General, explained that the UK Home Office usually takes around six months to consider an asylum seeker’s request, but the time can vary due to each case’s complexity.

Asylum seekers to the UK must be able to show that they cannot return to their countries because of fear of persecution based on race, religion, nationality or political opinions.

They may also present that they are at risk of being persecuted because of situations related to social, cultural, religious or political factors.

A request can be made immediately upon arrival in the UK. The claimant would meet with officers for interviews and document checking. The seekers must also show proof of where they are going to stay in the UK. They may be accompanied by lawyers during the interviews.

Asylum seekers can include their spouses and children aged up to 18 in their requests, if they are present with the seekers at the time of the request. Otherwise, they can make separate requests of their own.

The British Government does not consider requests from European Union citizens or from others who have already made asylum requests to other EU countries.

If granted approval, seekers can stay in the UK for five years. If they still fear persecution in their home country after that period, they may apply for residency in the UK.

They may also be granted humanitarian protection instead of asylum, which will also permit them a five-year stay in the UK.

Asylum seekers may appeal to the British courts if their requests are rejected by the UK Home Office.

That scenario was raised by PM General Prayut Chan-o-cha during talks with the Thai community in Washington DC, implying that the election could be expected in 2019.

Prayut’s newest, and third, version of an election timeline means that the election could be delayed by several months beyond the last announced deadline as calculated based on language in the new charter.

In a brief comment, Meechai said that the CDC is required to finish drafting new organic laws within 240 days after the charter was promulgated, or this December 1.

It is impossible predict the impact of other procedures that could affect implementation of the required legislation that could push the election trigger beyond next November, said the chief charter drafter.

The charter does not stipulate of how much time the CDC will be given to amend the bill drafts if they are returned with proposed changes from the National Legislative Assembly, he said.

According to the charter, the CDC would be dissolved once it has submitted the last of 10 organic law drafts to the NLA for deliberation. Thus, it is possible that any draft organic law being deliberated by the legislature could be returned for amendment to a CDC that was already defunct.