Inside the legal battles that could end Shinawatra power

As mass protests grow over her leaked call to Cambodian strongman Hun Sen, Prime Minister Paetongtarn Shinawatra faces an even greater threat to her grip on power.

Lawsuits from various groups, including conservative senators, accuse her of malfeasance, jeopardising national security, and breaching ethical standards for officeholders.

If found guilty, Paetongtarn risks dismissal from office for violating the Constitution. Meanwhile, security-related offences carry capital punishment.

The legal attacks rained down after the PM was accused of kowtowing to Cambodia’s ex-premier and criticising a Thai military commander in a discussion of the border dispute.

The phone conversation, released in mid-June via Hun Sen's social media account, records Paetongtarn demeaning Second Army Region chief Lt-General Boonsin Padklang while deferring to Hun Sen, whom she calls “uncle”.

Having dismissed her Army commander as “belonging to the opposite camp”, the Thai PM calls on Hun Sen to “say what he wants, and we will arrange it for him”.

Hun Sen ruled Cambodia for over two decades before handing power to his son, Hun Manet, in 2023, while retaining influence as Senate president.

Critics accuse Paetongtarn, leader of the ruling Pheu Thai Party, of undermining the national interest for personal gain in seeking to appease Hun Sen. Her father, ex-premier and Pheu Thai patriarch Thaksin Shinawatra, maintained close ties with the Cambodian strongman for over three decades.

Complaint by senators

A group of 36 senators has petitioned the Constitutional Court to remove the prime minister for allegedly violating the charter’s integrity and ethical standards for ministers.

The same senators have filed a separate complaint with the National Anti-Corruption Commission (NACC), claiming her phone call constituted severe misconduct and/or power abuse, in breach of the Constitution or other laws.

Senator Chaiyong Manirungsakun, one of the complainants, said he expects the court to accept the case and suspend the prime minister from office pending a verdict.

The Constitutional Court is set to decide on July 1 whether to hear the case. Former Constitutional Court judge Charan Pakdeethanakul is among many experts predicting the prime minister will be suspended if the lawsuit is accepted – a legal process that could drag on for several months.

Charan warned the legal battle could spark controversy.

“This case may lead to accusations of judicial warfare,” he said. “But it’s still preferable to a coup or street clashes between rival protest groups. It’s better to fight via legal frameworks and regulations.”

Threat to national security?

A separate complaint filed with the Central Investigation Bureau accuses PM Paetongtarn of crimes against national security.

Former senator Somchai Sawangkan, law lecturer Komsan Pohkong, and lawyer Nitithorn Lamluea claim that the prime minister violated Article 119 of the Criminal Code, which states that:

“Whoever commits any act to bring the kingdom or any part of the kingdom under the sovereignty of a foreign state, or to undermine the independence of [Thailand], shall be subject to the death penalty or life imprisonment.”

Meanwhile, serial petitioner Ruangkrai Leekitwattana has asked the Election Commission (EC) to rule whether the prime minister breached the constitutional requirement for “evident integrity” in ministers.

If it finds evidence to back the charge, the EC can refer the case to the Constitutional Court, which has the power to remove Paetongtarn from office.

The PM faces a separate complaint over the leaked call from Srisuwan Janya, another serial petitioner. Srisuwan, whose reputation was tainted by an extortion scandal last year, has asked the NACC to investigate whether the prime minister violated her constitutional and legal duty to safeguard national security.

Civic and activist groups have also filed separate lawsuits against PM Paetongtarn across the country – in Ubon Ratchathani, Songkhla, Phitsanulok, and Loei – accusing her of criminal malfeasance and threatening national security.

“The prime minister acted in a way that threatens Thailand’s security,” said Assoc Prof Jak Punchoopet, a vocal critic of the Shinawatra family who last week led around 100 residents to file a complaint with Phitsanulok police. The petition accuses the PM of violating national security provisions under the Criminal Code.