His comment countered earlier views by legal experts who had ruled out Thaksin’s eligibility, reports the Bangkok Post.
Mr Borwornsak, who oversees legal affairs, said that under Section 259 of the Criminal Code, all convicted prisoners have the legal right to seek a royal pardon. The right is limited only if a previous petition has been rejected, in which case Section 264 stipulates that a new request cannot be submitted until two years have passed.
He added that the justice minister (Pol Lt Gen Rutthapon Naowarat) is responsible for forwarding such a petition through the Secretariat of the Cabinet to the Royal Household Bureau.
The Privy Council then offers its opinion before the matter is presented to His Majesty the King, whose royal discretion is final under Section 179 of the constitution.
Mr Borwornsak said there are two types of pardons - individual royal pardons and general pardons issued on special occasions. Both fall entirely under the royal prerogative and cannot be interfered with by any branch of government.
When asked whether the process in Thaksin’s case might be interrupted or blocked, Mr Borwornsak reiterated that “it is the legal right of every prisoner” to seek clemency. The only limitation, he said, applies to those sentenced to death, who may submit only one petition.
At Klong Prem Central Prison in Bangkok, Thaksin’s ex-wife Khunying Potjaman Damapong, accompanied by Thaksin’s lawyer Winyat Chartmontree, visited him at 9am yesterday. She briefly told reporters that Thaksin “looked fine, just a little unwell” before leaving the prison compound.
Mr Winyat declined to comment on reports that the justice minister had forwarded a second petition on Thaksin’s behalf, saying the matter rests entirely under royal discretion.
Mr Borwornsak said no such petition has to date been rejected. On Aug 31, 2023, a royal command granted Thaksin a pardon, reducing his total prison term to one year.
The Supreme Court ordered the 76-year-old billionaire to serve the one-year imprisonment term handed down two years ago, after finding that his six-month stay in a luxury hospital ward did not meet the conditions of his sentence.
The court rejected Thaksin’s claims of illness that had allowed him to stay at Police General Hospital from the night of his return to Thailand in August 2023 until his parole in early 2024.