Thai PM suspended from duty following leaked phone call audio with Cambodia’s former leader Hun Sen

The Constitutional Court has decided to accept a petition by senators following the leaked phone call audio clip between Prime Minister Paetongtarn Shinawatra and Cambodia’s former PM and now President of the Senate, Hun Sen, on June 18 and ordered the PM to stop performing duty from today onwards

Today, the Court convened to discuss nine cases, including a petition by a group of senators related to the audio clip of the conversation between her and Hun Sen, which was placed as the 4th case.

Case 4 states that the Senate President has sent a petition to the Constitutional Court to rule in accordance with Section 170, paragraph three of the Constitution, in conjunction with Section 82, whether the status of Prime Minister Paethongtarn Shinawatra as a minister has ended in accordance with Section 170, paragraph one (4) of the Constitution, in conjunction with Section 160 (4) and (5) or not.

The Court details that a total of 36 senators signed a petition to the President of the Senate (petitioner) stating that an audio clip of a conversation between Ms. Paethongtarn Shinawatra, Prime Minister (the accused) and Samdech Hun Sen, President of the Senate of Cambodia, was released to the media on 18 June 2025, in which the accused admitted in a press conference that it was indeed the audio of her conversation with Samdech Hun Sen.

Although PM Paetongtarn later announced in a press conference that it was a private telephone conversation she tried to delicately negotiate to maintain peace and sovereignty of Thailand, the petitioner believes that she has shown negligence and has not performed the duty to respond or set measures, including solid negotiations and protocols, in accordance with the duties and responsibilities that a Prime Minister should perform.

This is because of her personal relationship and her position that sided with Cambodia, apparently being ready to do or handle the situation as Cambodia wants all along. As for the commander of the 2nd Army mentioned in the clip, PM Paetongtarn expressed that he is on the opposite side.

PM Paetongtarn has not evidently shown honesty and has seriously violated or failed to comply with ethical standards. The Constitutional Court is therefore requested to rule in accordance with Section 170, paragraph 3 of the Constitution, in conjunction with Section 82, that the status of the accused as a minister has ended in accordance with Section 170, paragraph 1 (4), in conjunction with Section 160 (4) and (5).

The petitioner also requests that the Constitutional Court order the accused to stop performing her duty until the Constitutional Court delivers its ruling (Section 82, paragraph 2).

The Constitutional Court considered the facts of the petition and the documents attached to the petition and found that the case complies with Section 170, paragraph 3 of the Constitution, in conjunction with Section 82, paragraph 1, and the Organic Act on the Procedures of the Constitutional Court B.E. 2018, Section 7 (9).

The Court unanimously resolved to accept the petition for consideration and adjudication, notify the petitioner, and order the accused to submit a statement to defend her actions within 15 days.

As for the request to order the accused to stop performing the duties of Prime Minister, the Court resolved by a majority vote, 7 to 2, that there were reasonable grounds to suspect that the accused had the case as requested under Section 170, paragraph 3, in conjunction with Section 82, paragraph 2.

It ordered the accused to stop performing the duties of Prime Minister from 1 July onwards until the Court has ruled and notified the petitioner and the accused.

Section 170, paragraph 3 of the 2017 Constitution, states that the provisions of Section 82 shall apply mutatis mutandis to the termination of the status of “a Minister” under (2), (4), or (5) or paragraph 2. For this purpose, the Election Commission shall have the power to refer the matter to the Constitutional Court for a decision as well.

Section 82, paragraph 1, states that members of the House of Representatives or members of the Senate, comprising not less than one-tenth of the total number of members of each House, have the right to submit a petition to the President of the House of which they are a member, stating that the membership of any House member has terminated as following…and the President of the House shall forward the petition to the Constitutional Court for a decision as to whether or not the membership of that member has terminated.

Section 170 states that the status of a minister ends when: (4) lacking qualifications or having prohibited characteristics according to Section 160.

Section 160 states that a Minister must: (4) have evident honesty and integrity, and (5) have no behaviour that seriously violates or fails to comply with ethical standards.

Section 82, paragraph 2, states that when a matter is received for consideration, if there is a reasonable suspicion that the accused of a complaint has a case as alleged, the Constitutional Court shall order the accused to stop performing his or her duties until the Court makes a ruling.

When the Court makes a ruling, the Court shall notify the President of the House. As the Court decides that the membership of the accused has ended, that person shall be removed from office from the date on which he ceased to perform his duties.

Two Constitutional Court judges who were in the minority viewed that the facts in the petition were not yet clear and conclusive to indicate that there was reasonable cause to suspect that the accused had the case as claimed.

But in order to prevent serious damage that will be difficult to fix or remedy later, temporary measures or methods should be used before the decision is made, according to Section 71 of the Constitutional Court Procedure Act B.E. 2561, which prohibits the accused from exercising their duties and powers in the areas of security, foreign affairs, and finance until the Court has ruled.

Watch PM Paetongtarn’s statement following the Court’s order@ https://www.facebook.com/share/v/19kYB1vku9/

Also read: Thai PM apologises for leaked phone call audio over border dispute with Cambodian leader Hun Sen whereas public resentment growing/ EDITORIAL: What we need now to end disputes is political conscience