The Constitutional Court has dismissed a treason complaint filed against the ruling Pheu Thai Party and its patriarch, former Prime Minister Thaksin Shinawatra, on the grounds that there is not enough evidence to prove that they committed treason.

Thaksin Shinawatra with his daughters after landing at Don Muang Airport on 22 August 2023. (Photo by Kotcharak Kaewsurach)

The complaint was filed by conservative lawyer Theerayut Suwankesorn, whose earlier petition against the Move Forward Party led to its dissolution. He accused Thaksin and Pheu Thai of attempting to undermine the democratic regime with the King as head of state in six instances, and asked the Court to order the accused to cease any activities that involve exercising rights and freedom in ways that could lead to the overthrow of the regime.

The Constitutional Court said yesterday (22 November) that the complaint was dismissed due to a lack of evidence. The judges voted unanimously that there was not enough evidence in 5 out of the 6 instances proving that an act of treason had occurred. These included an allegation that Thaksin ordered the government to transfer him to the Police Hospital so that he would not have to serve time in prison, and allegations that Thaksin exerted influence over Pheu Thai, calling high-ranking members of the government coalition to a meeting at the Shinawatra’s Chan Song La residence to discuss the nomination of a new Prime Minister following the disqualification of former Prime Minister Srettha Thavisin.

The judges voted 7 to 2 to dismiss the accusation that Thaksin dominated the ruling Thai Rak Thai Party, Pheu Thai Party’s precursor, during a 2001 dispute between Thailand and Cambodia about overlapping maritime claims, influencing the government to favour then-Cambodian leader Hun Sen, allowing Cambodia to infringe on Thailand’s maritime sovereignty.

The complaint is one of at least 19 complaints against Pheu Thai, Thaksin, and his daughter, Paetongtarn Shinawatra, since she became Prime Minister some three months ago. Theerayut initially filed a complaint with the Office of the Attorney General (OAG) in September 2024. He later took the complaint to the Constitutional Court when the OAG failed to take action in 15 days.

This prompted the Court to request information on what steps had been taken by the OAG and what evidence had been collected. The OAG then provided the Court with testimonies from both the plaintiff and defendants, informing the Court that it had dismissed the complaint on the grounds that the actions in question did not constitute treason.

Chusak Sirinil, Pheu Thai deputy leader and Prime Minister's Office Minister, said after the Constitutional Court’s decision was announced that the party will be suing the complainer for making a false report. He said that treason is a serious accusation to make against a political party, and although he is not sure if future complaints can be prevented, the party wants to exercise its rights to file a lawsuit.