Bangkok: The Supreme Court of Justice has ruled that Thaksin Shinawatra must serve a one-year prison sentence, citing unlawful procedures related to his transfer to the 14th floor of a hospital. The court found that Thaksin did not have a critical illness warranting inpatient treatment but instead could have been treated as an outpatient for his chronic conditions, thereby avoiding prison time improperly.
According to Thai News Agency, the Supreme Court's Criminal Division for Holders of Political Positions convened to examine Black Case No. BK 1/2568, focusing on whether Thaksin's punishment was executed in accordance with the final imprisonment warrants from previous cases. Statements from multiple parties, including Thaksin, the commander of Bangkok Special Prison, the Director-General of the Department of Corrections, and the Chief Surgeon of Police Hospital, were reviewed, alongside testimonies from 31 witnesses.
The court determined its authority to investigate the enforcement of Thaksin's sentence, referencing legal provisions in the Supreme Court's Criminal Procedure Code for Holders of Political Positions B.E. 2562 (2019). Despite the authority of the Bangkok Remand Prison and the Department of Corrections under the Corrections Act B.E. 2560 (2017), the transfer of prisoners for treatment must comply with specific legal criteria, subjecting the actions to court review.
The court's investigation revealed that Thaksin's transfer to an external medical facility was not in alignment with legal requirements, as his conditions were stable and manageable within the prison's medical capacities. On August 22, 2023, Thaksin claimed chest tightness, leading to his transfer to Police General Hospital. However, it was found that the hospital's treatment facilities were not necessary for his condition, thus invalidating the transfer.
Further examination showed Thaksin's treatment at the Police General Hospital was extended unnecessarily, with surgeries unrelated to the initial reasons for hospital transfer. This led to the conclusion that Thaksin benefited from extended hospital time, which should not have been deducted from his prison sentence.
The court also noted that a royal pardon issued on August 31, 2023, reduced Thaksin's sentence by one year, necessitating him to serve an additional year from that date. As the enforcement of his sentence was deemed unlawful, his time spent at the hospital did not count toward his sentence, requiring him to serve the remainder of his term.
Following the court's decision, Thaksin consulted with his lawyer, Mr. Winyat, and spent a moment with his family, including his daughters Paethongtarn and Pinthongtha. He was then taken into custody by the Bangkok Remand Prison commander and left the court's premises.