Yingluck’s lawyer condemns asset seizure order

THE LAWYER for former prime minister Yingluck Shinawatra has lambasted the junta over its order that enables asset seizures connected to the rice-pledging scheme without court rulings. 

“It’s illegitimate and unfair,” Noppadon Laothong said yesterday about the order recently issued by National Council for Peace and Order (NCPO) chief General Prayut Chan-o-cha. 

According to the order, the Legal Execution Department (LED) can seize the assets of culprits in the rice-pledging scheme based on an administrative order. Officials carrying out the confiscation shall not be held liable for any disciplinary, criminal and civil action related to the confiscation.

Yingluck is among ex-political office holders facing legal proceedings over allegations her government’s rice-pledging scheme was corrupt and caused massive damage to the country. 

“By international protocols, all people are equal. They shall be subject to the same judicial process. Discrimination is not allowed,” Noppadon said. “How can some cases go to courts and some others do not?” 

The lawyer said the order, which came out on September 13, was very unfair to Yingluck. 

Noppadon said the order also interfered with the power of the LED, which by law should act only on a court order. 

“So, definitely this NCPO order is against the rule of law. And representing Yingluck, I disagree with and oppose it,” he said.

In practice, implementation of the order must start from the Commerce Ministry issuing an administrative order identifying culprits in the rice-pledging scheme and demanding the seizure of the culprits’ assets. 

But last week, top figures at the Commerce Ministry were apparently reluctant to sign such an order. 

Commerce Minister Apiradi Tantraporn was quick to consult Prime Minister Prayut on whether she could ask the permanent secretary for Commerce to sign the order instead. 

But after Prayut gave the green light for that to happen, permanent secretary for Commerce Chutima Boonyaprapat expressed reluctance to do so. A source said Chutima even considered taking leave until she retired at the end of this month. 

Internal Trade Department director general Wiboonlasana Ruamraksa, who is set to succeed Chutima, has said she has no details about the rice-pledging scheme and trusts that she will not be forced to sign an asset-seizure order under pressure.

Government spokesman Maj-General Sansern Kaewkamnerd dismissed allegations that the government and the NCPO were determined to wipe out the Pheu Thai Party and its members. “No, we have no such intention. Any person who faces legal action, impeachment, asset seizure or a jail term is simply facing the consequences of their own actions,” he said.