Thai Senate Approves Amnesty Bill, Excluding Lese-Majeste Offenders

The Senate on Tuesday approved a controversial political amnesty bill that would cover offenses linked to political conflicts across all factions, while explicitly excluding lese-majeste offenders regardless of their age. The bill, formally titled the Peaceful Society Promotion Bill, would cover politically linked offenses committed between Jan 1, 2005, and July 16, 2025. It passed its second and third readings by 103 votes to three, with 22 abstentions. As senators amended the version previously approved by the House of Representatives, it will now be returned to the lower house for further consideration. A Senate committee, chaired by Chatthawat Saengphet, made several changes to the bill, including a provision that bars offenders charged under Section 112 of the Criminal Code, the lese-majeste law, from being eligible for the case-termination process if they were 18 years old or older when the offense was committed, even if they later expressed remorse. Senators also added wording to state that Section 112 offenders under the age of 18 would also be ineligible for the case-termination process. However, courts and prosecutors would have discretion to offer rehabilitation or special measures for juveniles charged with other political offenses. Sen Paophan Chobnamtan, a committee member, explained that the process would utilize measures under the Juvenile and Family Court Act. If no charges have been filed, the case will be terminated; if a case has already been filed in court, judgment will be suspended subject to two conditions: the offender must show remorse, and they must comply with a rehabilitation plan. The committee also revised the bill’s preamble, expanded the powers of the proposed Peaceful Society Promotion Committee to request not only documents but also physical evidence, and clarified that its reports would be submitted separately to the House and Senate. Members acting in good faith would also receive legal protection. During the debate, some senators questioned whether the bill’s annex, which lists 29 laws covered by the amnesty, could benefit those accused of election-related offenses, particularly cases involving the selection of senators. Committee secretary Senator Phisit Apiwatthanaphong insisted the concerns were unfounded, saying the annex had merely been reorganised without altering its substance. He stressed that offenses involving election fraud, unfair elections or false qualifications were specifically excluded, meaning the bill would not provide amnesty in ongoing Senate collusion or election-related cases, which remain under investigation by the Election Commission. The Senate also endorsed a committee recommendation that, where politically related offenders are excluded from the amnesty, the Peaceful Society Promotion Committee should consider proposing alternative measures on sentence administration or detention arrangements to the justice minister and the Department of Corrections. The recommendation aims to promote national reconciliation while respecting human rights and democratic principles.