Party dissolution charges were a series of events and scandals that eventually led to the dissolution of the Thai Rak Thai Party, Thailand's biggest political party, and a few small parties following a general election in April, 2006.

Background Since his ascension to power by an unprecedented landslide victory in 2001, then Prime Minister of Thailand Thaksin Shinawatra triggered public concerns over his authoritarian-style leadership, corruption scandals, massive wealth added to the already wealthy Thaksin and his cabinet members, and abuses of power by Thaksin himself. These concerns were growing in spite of huge popularity among business communities and rural voters who were enjoying wealth resulting from Thaksin's populist policy.

These concerns were stoked by the sales of Shin Corp, whose largest portion of shares were owned by Thaksin's family. The deal raised concern over Thaksin's conflicting interests, triggering public outrages and resulting in months of mass protests. The protests gained increased momentum, particularly among the urban middle- and upper-classes and later accelerated by the strict censorship of media, both by the media's own censorship and intervention by the authority. Although mass protests in Bangkok were intense, support for Thai Rak Thai was still strong in the rural areas. Criticized by the opposition parties of avoiding testimony before the joint session of parliament, Thaksin weighed the situations and decided to dissolve the House of Representatives in February and called for a general election in April 2006, hoping that the election would legitimize his position. The decision followed Thaksin's insistence that he would not resign and would not dissolve the House. Thaksin defended his decision, saying that he wanted to return the power back to the seriously divisive Thai people following massive protests against his administration.

General Election in April 2006

The opposition parties decided to boycott the elections, citing that no conflict occurred between the government and the House (the TRT controlled 377 out of 500 votes in the House); that Thaksin wanted to avoid testimony before the joint session for a completely personal reason; and that Thaksin did not live up to his pledge to undertake political reform.

Charges filed by the Attorney-General

Charges against Group 1 (Thai Rak Thai, Pattana Chart Thai and Pandin Thai Parties)

Charges against Group 2 (Democrat and Prachatippatai Kao Na Parties)

Verdict delivered by the Constitutional Tribunal The final verdict was broadcast live on national television on May 30, 2007 by the Constitutional Tribunal appointed by the Council for National Security.

Verdict on Group 1 (Thai Rak Thai Party, Pattana Chart Thai Party, and Pandin Thai Party)

The Thai Rak Thai Party, Pattana Chart Thai Party, and Pandin Thai Party were unanimously found guilty of conspiring to gain administrative power by illegal means. And consequently, all three parties were dissolved. The verdict found General Thammarak Issarangkura na Ayudhya and Pongsak Raktapongpaisarn, both key executive members of the Thai Rak Thai Party, guilty of providing funds for both the Pattana Chart Thai and Pandin Thai Parties. Boontaweesak Amorasil, leader of the Pattana Chart Thai Party, was found guilty of receiving money from General Thammarak and illegally amending its party membership records. Bunyabaramipon Chinarat, leader of the Pandin Thai Party, and Mrs. Thattima Pawali were found guilty of receiving money from General Thammarak and issuing fraudulent letter of certification for Party members.

The Constitutional Judges also barred 111 executive members of the Thai Rak Thai Party, including former Prime Minister Thaksin Shinawatra, 19 executive members of the Pattana Chart Thai Party, and 3 executive members of the Pandin Thai Party from participating in politics for a five-year period.

Summary Verdict After thorough consideration of the petition, rebuttal statements from the Thai Rak Thai Party, Pattana Chart Thai Party, and Pandin Thai Party, and all of the evidence of the Parties concerned, the Constitutional Tribunal found, on the factual and legal basis, the following: The Constitutional Tribunal has jurisdiction over the case. The filing of the petition, through the Attorney-General, to dissolve the Party is the authorized power given to the Registrar of the political parties, when a matter appears - notwithstanding wherever the source is. The investigation of factual issues and determination of issues or arguments are within the powers of the Registrar of the political parties in accordance with the Organic Act on Political Parties of B.E. 2541. And even though the Registrar of the political parties is the Chairperson of the Election Commission, the action is under the order of the Registrar so it is not subject to the Organic Act on the Election Commission of B.E. 2541 or bound by the Election Commission's regulation. The Organic Act of the Constitution of the Kingdom of Thailand of B.E. 2540 has an equal legal standing with other general legislations. Since there has been no new legislation to either revoke or replace it, hence the cause for party dissolution that occurred before is still valid and the action that breached the Organic Act still continues to be a breach. The Thai Rak Thai Party has no legal ground, under Section 262 of the Constitution of the Kingdom of Thailand B.E. 2540, to rebut or question the legitimacy of the legal provision to punish political parties under Organic Act on Political Parties of B.E. 2541 Sections 66(2), (3) and (4). This is because, under Section 262 of the Constitution, the right to rebut is only given to members of the House of Representatives, the Senate, and the Prime Minister. The Constitutional Court has the power to exercise immediate discretion to dissolve political parties under Section 63 of the Constitution of the Kingdom of Thailand of B.E. 2540, when a political party is found to undermine the Constitutional Monarchy with the King as Head of State or the acquisition of administrative power over the country through means not in accordance with the Constitution, without having to first issue an order to a political party to cease actions under paragraph 2. Even though the election on 2 April B.E. 2549 was annulled by the Administrative Court, it does not nullify any previous wrongdoing. It is found on a factual basis that: The Thai Rak Thai Party had hired the Pattana Chart Thai Party and the Pandin Thai Party, The Pattana Chart Thai Party and the Pandin Thai Party agreed to be hired by the Thai Rak Thai Party to assist the Thai Rak Thai Party, The Pattana Chart Thai together with the Election Commission's officers amended information about Pattana Chart Thai party members to the meet 90 day requirement with the support of the Thai Rak Thai Party. The Pattana Chart Thai Party and the Pandin Thai Party issued fraudulent letters of certification for their party members as a document for the registration of election candidates. In addition to 8., it is found that: General Thammarak Issarangkura na Ayudhya and Pongsak Raktapongpaisarn were placed by the Thai Rak Thai Party's leader and executive members to manage the prompt return to power of the party. Furthermore, the Thai Rak Thai Party has never held a meeting of executive members to make clarification on the accusation either before or after the election, even though the accusation pose a significant threat to the image of the Thai Rak Thai Party. Thus, the Constitutional Tribunal deemed the action of General Thammarak and Pongsak to be binding to the Thai Rak Thai Party. Boontaweesak Amorasil, leader of the Pattana Chart Thai Party, was involved in the amendment of its party membership records and received money from General Thammarak as a representative of the Pattana Chart Thai Party. These actions are deemed to be binding to the Pattana Chart Thai Party. Bunyabaramipon Chinarat, leader of the Pandin Thai Party, acknowledged and consented for Mrs. Thattima Pawali to receive money from General Thammarak, as well as issued fraudulent letters of certification for his party members. These actions are deemed to be binding to the Pandin Thai Party. The action of the Thai Rak Thai Party is deemed to violate the Constitution under section 66(1) and (3) of the Organic Act on Political Parties of B.E. 2541. The action of the Pattana Chart Thai Party and the Pandin Thai Party is deemed to violate section 66(2) and (3) of the Organic Act on Political Parties of B.E. 2541. By violating section 66(1) and (3) of the Organic Act on Political Parties of B.E. 2541, the Thai Rak Thai Party did not uphold the key principle of democratic form of government and did not respect the law of the country. It could not maintain the form of political party that created or sustained political legitimacy to the democratic form of government of the country as a whole. Therefore, there is a reasonable cause for the dissolution of the Thai Rak Thai Party. As for the Pattana Chart Thai Party and the Pandin Thai Party, they were established for the benefit of the founders or the executive members committee of their respective Parties. They did not have any status as political parties. Therefore, there is a reasonable cause for the dissolution of the Pattana Chart Thai Party and the Pandin Thai Party. The Announcement of the Council for Democratic Reform No. 27 is applicable to the cause of party dissolution under the Organic Act on Political Parties of B.E. 2541, Sections 1, 2, and 3. The Announcement of the Council for Democratic Reform No. 27 dated 30 September B.E. 2549 provides that the revocation of election rights, for a five-year period following an order for a dissolution of a political party, is not a criminal penalty. Hence, the Announcement of the Council for Democratic Reform No. 27, Section 3 has a retroactive binding effect. The revocation of election rights is to apply to all political party's executive members at the time those acts occurred, even if they have resigned from their position before the date of the ruling, as to be in accordance with The Announcement of the Council for Democratic Reform No. 27.

The Constitution Tribunal hereby issues an order to dissolve the Thai Rak Thai Party, the Pattana Chart Thai Party and the Pandin Thai Party as well as to suspend the electoral rights of 111 executive members of the Thai Rak Thai Party, 19 executive members of the Pattana Chart Thai Party, 3 executive members of Pandin Thai Party, for a period of five years, effective on the date of the order of party dissolution.

Verdict on Group 2 (Democrat Party and Prachatippatai Kao Na Party)

The Democrat Party was acquitted from all charges. Most significantly, it was ruled that no related evidence supported the charge that they had bribed smaller parties to expose the involvement of high-profile Thai Rak Thai party members in election fraud in April 2006.

The court also ruled that the Democrat Party did not malign Thaksin or urge voters to cast a "no" vote in the election. It also found the party innocent of obstructing a parliamentary candidate from registering in a southern constituency.

Summary Verdict After thorough consideration of the petition, rebuttal statements from the Democrat Party and Prachatippatai Kao Na Party, and all of the evidence of the Parties concerned, the Constitutional Tribunal found, on the factual and legal basis, the following: Although the Announcement of the Council for Democratic Reform No. 3 revoked the use of the Constitution of the Kingdom of Thailand B.E. 2540, the Organic Act on Election of Members of Parliament and Senators B.E. 2541 was not revoked nor replaced by new legislation. Therefore, the Organic Act on Election of Members of Parliament and Senators B.E. 2541 is still applicable.