Can a legal miracle prevent further violence in Thailand’s deep South?

With only two days remaining before the Tak Bai case reaches the statute of limitations on October 25, demands for justice are growing louder as are the calls for the prosecution of the 18 suspects, all of whom are either former senior officials or current government officials.

Among them is General Pisal Wattanawongkiri, former commander of the 4th Army Region and ex-MP from the Pheu Thai Party, who resigned earlier to prevent repercussions on the party.

As the fight for justice and healing continues after 20 years, there is concern as to the viability of the peace talks that have been ongoing since the Srettha Thavisin administration took office if the suspects are not brought to trial by midnight on October 25.

Proposals have been made by various players including academics, MPs and Senators on a solution to resolve the Southern conflict: the use of the Cabinet's authority under Article 172 of the Constitution to issue a Royal Decree amending the Criminal Code to stop the statute of limitations when defendants flee.

This Article states that, in cases necessary for national security, public safety, economic stability, or to prevent a public disaster, the King may enact a Royal Decree with the same effect as a law.

However, such a Royal Decree can only be issued when the Cabinet deems it an unavoidable and urgent emergency.

Deputy Prime Minister and Minister of Defence Phumtham Wechayachai said the proposal is currently under legal review and stressed that the government will proceed according to the law.

Justice Minister Thawee Sodsong stated that the Ministry had previously studied this matter. He emphasized that the government has no bias and that the focus remains on capturing the fugitives.

Nonetheless, based on the actions of these two key government figures, it remains unclear whether the “legal miracle” route will be used to enforce the law before the October 25 deadline.

There is a recent precedent for invoking an emergency decree under urgent and unavoidable circumstances, similar to Article 172.

In the late stages of General Prayuth Chan-o-cha's administration, the Cabinet issued a Royal Decree amending the Prevention and Suppression of Torture and Enforced Disappearance Act 2022 to delay the enforcement of Articles 22, 23, 24, and 25.

The final two-day countdown in the Tak Bai case is underway and understandably, the calls for accountability and justice directed at the government, especially the Pheu Thai Party, which is closely linked to the case, are growing louder.

The origins of the Tak Bai incident date back to the Thai Rak Thai government era, when Thaksin Shinawatra, the de facto leader of the Pheu Thai Party, was prime minister. Some key figures from that time still hold influential roles today.

It is therefore not surprising that under the current Pheu Thai-led government, with Paetongtarn Shinawatra, Thaksin’s daughter, as prime minister, the southern conflict, which once haunted Thaksin, has returned to haunt his daughter.

The coalition’s Prachachat Party, which has a strong Southern voter base, is now in the spotlight. The party’s former leader, Wan Muhamad Noor Matha, is currently the Speaker of the Parliament, while Tawee Sodsong, the party leader, serves as the Minister of Justice.

Both Wan Noor and Tawee have extensive firsthand experience in the southern region. From 1992 to 2001, the Wadah group, under the New Aspiration Party, thrived in the South with prominent figures like Wan Noor, Den Tohmeena and Ariphen Uttarasin influential among the southern communities.

In 2018, Wan Noor invited Tawee, the former Secretary-General of the Southern Border Provinces Administrative Centre (SBPAC), to co-found the Prachachat Party, shedding the old Wadah image and driving forward a new political vision.

In the 2023 election, Prachachat Party dominated the three southern border provinces, winning seven parliamentary seats.

The leaders of Prachachat Party are thus well aware of the consequences if the statute of limitations in the Tak Bai case expires without the suspects being brought to justice. This would leave unanswered questions and potentially fuel new conflicts, reigniting tensions in the South.

Politically, it could also shake the party’s standing, threatening to erode confidence in their seven MPs.

As the two-day countdown continues, all eyes are focused on whether a last-minute Royal Decree will come into play and prevent an uptick of violence in the southern