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Bangkok Post
Bangkok Post
National
POST REPORTERS

OCJ wants judges to choose judicial panel

The Office of the Courts of Justice has proposed a bill seeking to let judges nationwide, instead of the Senate, select two non-members to sit on the Office of the Judicial Commission.

Sarawut Benjakul, the OCJ's secretary-general, said the draft legislation has been written to ensure the judiciary's independence and impartiality.

"The composition of the commission is vital and essential to the independence and transparency of the judiciary because its responsibilities include overseeing appointments and transfers of judges," Mr Sarawut added.

"The bill proposes that the two outsiders be selected by the judges across the country as a guarantee that the judiciary will be absolutely free of political meddling," said Mr Sarawut.

The selection of two outsiders to the OCJ's commission has been an issue among judges who fear of political interference.

To keep the judiciary from political meddling, the 1997 constitution removed the courts of justice from the supervision of the Justice Ministry and allowed only two outsiders to sit on the commission. This principle was retained in the subsequent 2007 charter.

Under the current law, the commission is made up of 15 individuals headed by the Supreme Court president. While 12 members are judges, two others are outsiders screened and appointed by the Senate.

Their concern about possible intervention is due to the charter's requirement for the future senators to be selected from among professional groups, according to Mr Sarawut.

Commenting on criticism that the judiciary is trying to keep its affairs away from scrutiny, he insisted the OCJ's draft was written to maintain independence and avoid political interference.

He said the qualifications of the non-judge members remain unchanged and the voting process will be determined by the executive committee of the Courts of Justice.

"The two outsiders remain intact on the commission but instead of being picked by the Senate, they are chosen by the judges," he said.

The draft passed its first reading in the National Legislative Assembly (NLA) early this month. According to Mr Sarawut, the bill was drafted by the OCJ with approval from the executive committee of the Courts of Justice. It was put up for hearings, reviewed by the cabinet and screened by the Council of State before it was submitted to the NLA.

A committee is being set up to scrutinise the bill which should be completed within 60 days, according to Mr Sarawut.

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