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Thaksin has right to due legal process

The military coup that deposed former Thai prime minister Thaksin Shinawatra has become something of an embarrassment for its instigators. The coup leaders tried to justify their undemocratic action by citing corruption allegations against him. But investigators have since failed to unearth any solid evidence of his alleged crime.

Now, the image of the junta that has taken control of Thailand has been further tarnished by its decision to bar Mr Thaksin from returning home. The ousted prime minister was in New York when the coup took place last month, and has since been staying in London. On the grounds that he might try to stage a counter-coup, junta leader General Sondhi Boonyaratkalin has warned him against returning. Any plane carrying Mr Thaksin, the general said, would not be allowed to land.

It was bad enough that the military had seized power from a democratically elected leader. It is worse that it is now resorting to brute power to bar the deposed leader from going home. Returning to one's home country is a fundamental right recognised by international law. If Mr Thaksin is not afraid of returning home to face corruption allegations and his political opponents, it would be unlawful to strip him of his right to do so.

The junta's decision can only be interpreted as a sign that its leaders are worried about the prospect of having to face up to Mr Thaksin, who remains popular among poor people. The last thing the coup leaders want to see is the deposed prime minister staging a triumphant return to the embrace of his supporters. This is not an unlikely scenario. Although his populist policies alienated the urban middle-classes, they were very effective in winning support for him and his Thai Rak Thai party.

The junta's dilemma in handling Mr Thaksin shows that it is dangerous for anyone with a self-appointed mission of cleaning up allegedly rotten politics to do so by undemocratic means. Democratic systems of government are not perfect, but there are no better ways of achieving a smooth and legitimate transfer of political power. Everyone loses by trying to scuttle the democratic process.

General Sondhi has put the blame on investigators' failure to gather evidence of Mr Thaksin's alleged crime on the need to abide by the law. He seemed to suggest that such evidence could be obtained by extra-legal means. This a dangerous suggestion. It shows the general is prepared to put his faith in hearsay. The only consolation is that the general said he was taking heed of the international community's concerns that the authorities must not violate human rights and civil liberties. If he is really serious about those concerns, he should allow Mr Thaksin to return to Thailand and put him through the due process of the law. This would give Mr Thaksin an opportunity to answer the allegations made against him. Justice would be better served.

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