Thaksin’s family makes final visit before May 11 parole release as Corrections Dept defends legality. Officials reject unlawful release claims, citing the Corrections Act, 2021 rules and Supreme Court rulings. They insist the release on parole is fully in order despite political controversy.
As former prime minister Thaksin Shinawatra’s family makes a final visit before his expected parole release on Monday, May 11, Thailand’s Department of Corrections has issued a forceful defence of the decision, insisting the 76-year-old’s early release is fully lawful. The clarification follows intensifying scrutiny over eligibility rules for sentence suspension and claims of regulatory conflict. Officials rejected allegations of illegality, citing the Corrections Act, a 2021 ministerial regulation, Supreme Court rulings on sentence enforcement, and detailed eligibility criteria tied to Thaksin’s sentencing history, royal pardon, and one-year term.
As former Prime Minister Thaksin Shinawatra’s family members pay their last visit before his expected release on parole on Monday, May 11, top officials have made it clear that the parole decision granting the 76-year-old former premier early release is entirely within the law.
Furthermore, the Department of Corrections has issued a detailed defence of the suspension of former Prime Minister Thaksin Shinawatra’s prison sentence. Officials said the process complied fully with the law. Moreover, they rejected claims that the decision violated the Corrections Act or ministerial regulations governing parole.
The clarification was released on May 5 after criticism over Thaksin’s parole eligibility intensified. In particular, critics questioned whether a medium-level prisoner qualified for sentence suspension. Reports also claimed that only prisoners with “good conduct” status could receive parole consideration. However, the department said those claims misinterpreted the law and ignored the wording of the Corrections Act.
Officials clarify Section 52 prison benefits and reject claims of classification-based parole limits
Officials pointed directly to Section 52 of the Corrections Act B.E. 2560 (2017). According to the department, the law contains no requirement regarding prisoner classification. Instead, the section outlines conditions under which convicted prisoners may receive benefits during imprisonment.
The law states that prisoners demonstrating good conduct may receive benefits under the Corrections Act. Furthermore, prisoners showing diligence, educational progress, productive work, or service to the government may also qualify. Officials stressed that the law refers to behaviour and conduct standards, not prisoner classification levels.
The department then outlined the eight benefits listed under Section 52. Prisoners may receive conveniences under departmental regulations. In addition, they may receive promotion in classification status or appointment to assist prison officials. Prisoners may also receive temporary leave for up to seven days at a time.
Sentence reductions and suspension rules set out under Section 52 framework and eligibility conditions
Furthermore, inmates may receive sentence reductions of up to five days per month. Sentence reductions may also match the number of public work days completed. Most importantly, prisoners may receive sentence suspension after serving at least six months. Alternatively, they may qualify after serving one-third of the court-imposed sentence, whichever period is greater. Prisoners may also receive permission to leave prison for vocational training.
Officials repeatedly stressed one point. Section 52 contains no wording restricting sentence suspension by prisoner classification. Therefore, the department said claims of conflict between the Corrections Act and ministerial regulations were incorrect.
Attention then shifted to the Ministerial Regulation on the Benefits of Convicted Prisoners and Conditions for Prisoners Receiving Sentence Reduction or Suspension, issued in 2021. Critics argued that the regulation contradicted Section 52 of the Corrections Act. However, the department firmly rejected that interpretation.
Ministry cites legal authority and confirms 2021 regulation aligns with Corrections Act framework
Officials said the regulation was issued under authority granted by Section 53(7) of the Corrections Act. Moreover, the regulation received approval from the Corrections Board before taking effect. According to the department, the regulation therefore operates fully within the legal framework established by the Act.
Under the regulation, medium-class prisoners and higher classifications may receive sentence suspension in ordinary cases. However, suspension cannot exceed one-third of the sentence specified in the final sentencing notice. Officials added that prisoners receiving royal pardons must have their sentence calculations based on the revised final sentencing order.
The department said this provision directly matched the Corrections Act. Consequently, officials insisted no legal contradiction existed between the Act and the ministerial regulation. Instead, they described the regulation as a lawful mechanism implementing powers already established under the legislation.
The department also detailed Thaksin’s legal position and sentencing history. Officials said the former prime minister had been sentenced in three separate criminal cases. Later, a royal pardon reduced his combined prison term to one year.
Supreme Court ruling referenced as enforcement of sentence reviewed and detention time excluded
However, legal questions later emerged over the enforcement of the sentence. The department referred to a ruling by the Supreme Court’s Criminal Division for Holders of Political Positions. According to officials, the court examined whether the sentence had been enforced according to legal requirements.
The court ruled that enforcement of the sentence failed to comply with the law’s purpose and conditions. Specifically, judges found that time spent at the Police General Hospital could not count as detention time. Consequently, the court ordered the proper performance of the full one-year prison sentence against Thaksin.
The department also addressed questions over repeat offending and legal status. Officials said the case did not fall under Sections 92 or 93 of the Penal Code. Furthermore, they said Thaksin had not committed another offence within five years of release from a previous prison term.
According to the department, those distinctions were legally significant. Therefore, officials said Thaksin remained eligible for sentence suspension consideration under existing law and regulations.
Eligibility criteria, outlined as classification, time served and release limits are confirmed
The statement then outlined the qualifications supporting that conclusion. First, Thaksin held a medium-level prisoner classification status. Second, officials said he had served two-thirds of the sentence specified in the final sentencing notice. Third, his conditional release period did not exceed one-third of the final sentence period.
The department said those conditions complied fully with the Corrections Act B.E. 2560 (2017), the Ministerial Regulation on Benefits of Convicted Prisoners B.E. 2562 (2019), and the amended 2021 regulation.
Officials also defended the parole review process itself. According to the statement, the subcommittee responsible for parole applications conducted a detailed review of facts, legal conditions, and inmate qualifications. Furthermore, officials said the panel examined sentencing details carefully before making any recommendation.
The department insisted the process was careful, fair, and fully compliant with legal requirements. Moreover, officials denied allegations of preferential treatment or unlawful benefits. They also rejected claims of discrimination during the review process.
Officials stress transparency as parole process faces scrutiny amid political and legal attention
The statement repeatedly stressed transparency and accountability. Officials said every stage of the process followed legal procedures and ministerial regulations. In addition, they said all decisions remained within the authority granted under the Corrections Act.
The clarification comes amid continuing scrutiny over Thaksin’s detention and treatment following his return to Thailand. The former prime minister returned after years overseas and began serving prison terms linked to multiple convictions.
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However, his hospital stay, royal pardon, and eventual parole have remained under intense public and political examination.
Nevertheless, the Department of Corrections maintained that the suspension process complied with all laws, regulations, and official procedures. Officials again insisted that every decision followed the legal framework established under the Corrections Act. Finally, the department said all actions were conducted equally, transparently, and with accountability at every stage.
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Further reading:
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