Thailand's ousted leader Thaksin hires international lawyer

Updated May 6, 2010 10:40:06

Thailand's anti-government protestors have hinted they could soon end weeks of protests, although they're still demanding a firm date for the dissolution of parliament before tearing down their barricades. The so-called 'Red Shirts', whose two-month campaign has resulted in 27 deaths, agreed this week to join Prime Minister Abhisit Vejjajiva's proposed reconciliation process. Red Shirts figurehead and ousted prime minister Thaksin Shinawatra, who's now in exile, says he supports Prime Miniister Abhisit's proposal. Mr Thaksin was overthrown by a military coup in 2006 and faces a jail term if he returns. He's now hired international law firm, Amsterdam and Peroff to develop legal arguments against the current government.

Presenter: Sen Lam
Speakers: Robert Amsterdam, principal lawyer Amsterdam and Peroff

AMSTERDAM: We've been asked by Dr Thaksin to clarify the situation on the ground legally, constitutionally and look into the events of early April with the tragic loss of life and also provide some analysis in terms of the possible legal and constitutional impact of the reconciliation process as it may proceed.

LAM: So, how exactly does Amsterdam and Peroff intend to restore democracy. As you say, you're studying the legal implications of it.

AMSTERDAM: No, no, no, we are not engaged in attempting to restore democracy, we're engaged in providing information to our client concerning these issues and providing advice to him concerning the legal situation on the ground. We have a government, a de facto government that we argue may well not be properly constituted. We have a situation where there has been a tremendous exercise of power against civilians and there's a situation on the ground in Bangkok that clearly cries out for analysis and clarity.

LAM: Well, the situation in Bangkok has changed somewhat this week, given that the Red Shirts who by and large support Thaksin Shinawatra. They have indicated this week that they are seriously considering a government reconciliation plan, including early fresh elections. Does that change your brief?

AMSTERDAM: It does not change our brief. Certainly we, as well as everyone welcomes any progress towards reconciliation.

LAM: Do you think it's a bit unusual for a foreign private law firm to get involved in an overtly partisan and political cause in Thailand?

AMSTERDAM: Not at all, and again the issue is that every party at this point needs to sit back and try to look at basic norms and principles. Part of the problem in Thailand has been this incredible polarisation that has gone on and it is not a matter of Thais versus foreigners. It is a matter of everyone trying to come together and put a situation which has reached this terribly deteriorating level back to one where dialogue can ensue and in fact, often as you're aware, foreigners are those who are deemed to be less directly connected, can provide insights to those who are very close historically to the situation and sometimes as a result of that, may be able to do some thinking that a local may find difficult to pursue.

I think the issue as to what I have always called the presumption of regularity needs to be addressed, simply because people use the instrumentality of the state does not mean they constitute a proper government. We have had a coup in Thailand. There is apparently quite an ongoing double standard that is operative there, where the mask of government does not mean that they properly reflect the institutions of the constitution. By the constitution, I am looking both at the 1997 and the 2007 Constitution, but the '97 constitution is really the constitution that was adopted at a moment of popular involvement that many could argue was more operative than even the 2007 Constitution.

LAM: And finally Robert Amsterdam, is this a first for your law firm to represent a ousted leader with a view to restoring his leadership?

AMSTERDAM: That is not our brief. You have not presented our brief properly. Nothing like this constitutes a first for our firm. We've been involved.....

LAM: So you just want to set forward a clear legal framework for any reconciliation process. You are not actually acting on Thaksin's behalf to try and restore him to power?

AMSTERDAM: I have stated clearly what our brief is and that is the brief we intend to perform in this country. We just are still acting in a number of other countries for various other political leaders. So no, this is nothing new to our firm, nothing new to our experience. Our firm's speciality often relates to dealing in politically charged environments.