2008 Anti-Somchai Rally Victims Win Lawsuit: Thailand

[webfact]

Anti-riot victims win lawsuit

The Nation

250 plaintiffs injured by police in 2008 anti-Somchai rally to receive between Bt8,900 and Bt5.1 million

BANGKOK: -- The Central Administrative Court yesterday ordered that compensation be paid to the 250 people injured in a violent police crackdown on anti-government protesters in 2008 during the Somchai Wongsawat government's tenure.

The court ordered the Royal Thai Police and the Prime Minister's Office - the two defendants named in the lawsuit filed by the 250 plaintiffs - to pay compensation to them ranging from Bt8,900 to Bt5.1 million.

Among those seriously injured in the incident, artist Chingchai Udomkitcharoen, who lost his right hand, was awarded Bt5.1 million by the court. The court ordered the defendants to pay five other seriously wounded victims from Bt1.9 million to Bt3.7 million.

In its 84-page verdict, a copy of which was obtained by The Nation, the court ruled that the compensation must be paid within 60 days.

In their lawsuits, the 250 plaintiffs had requested a total of Bt62.5 million in compensation. The plaintiffs brought the case to court on October 6, 2009. It remained unclear yesterday whether the defendants would appeal their case to the Supreme Administrative Court. They can appeal within 30 days of the ruling.

The court found that the dispersal measures used by the police on the protesters were not in line with international standards, which prescribe a gradual escalation from light to heavy measures. Rather, the police began firing tear gas at the protesters without warning. It was also found that the police fired tear gas directly at the protesters, not at a location near them.

The defendants argued that the street protest was not peaceful and that it was against the Constitution. However, the plaintiffs argued that they had exercised their constitutional right to public assembly and that the crackdown was unreasonably severe.

Representatives from the National Counter Corruption Commission and the National Human Rights Commission also testified in the court trial.

On October 7, 2008, yellow-shirt protesters blocked entry to the Parliament compound in a bid to prevent Somchai - then the newly appointed prime minister - from declaring his government's policy statement before taking over the administration of the country. Somchai was described by the protesters as a proxy for former prime minister Thaksin Shinawatra, who was ousted in the 2006 coup.

Two people were killed in the police crackdown and about 470 others were injured, six of them seriously. Some of the seriously wounded lost limbs, fingers or toes. Eighty-six of the injured required hospitalisation, including 14 police officers.

The severe injuries were blamed on defective tear-gas canisters used by the crowd-control police during the crackdown.

The National Counter Corruption Commission indicted Somchai, then-deputy prime minister Chavalit Yongchaiyudh and then-national police chief General Patcharawat Wongsuwan for malfeasance in connection with the incident. However, Somchai managed to escape impeachment after the Senate voted in favour of him.

In early December that year, less than two months after the crackdown, Somchai was forced out of the premiership after the Constitution Court found his People's Power Party guilty of vote-buying and ordered the party dissolved and its executive members, including Somchai, banned from politics for five years.

-- The Nation 2012-10-06

[asiawatcher]

What rubbish. Protestors were warned, with bullhorns etc, so when the Police stepped up and took matters into their own hands, people got hurt. They could have used water canon yes, but like all protests in Thailand, they always turn ugly and whilst police actually did their job this time (amazing - could not have been too many REDS in the crowd), to have used exploding tear gas canisters, was pretty heavy handed. But paying compensation?

[MILT]

What rubbish. Protestors were warned, with bullhorns etc, so when the Police stepped up and took matters into their own hands, people got hurt. They could have used water canon yes, but like all protests in Thailand, they always turn ugly and whilst police actually did their job this time (amazing - could not have been too many REDS in the crowd), to have used exploding tear gas canisters, was pretty heavy handed. But paying compensation?

I remember this incident. The police fired tear gas canisters into the crowds. The police were using the canisters as projectiles to cause bodily harm. If trained properly the canisters are more effective when positioned in a way that the gas is released into the crowd thus causing stinging eyes and throats, not people loosing limbs or worse.

[h90]

but when they pay to armed red shirts they also must pay to the unarmed yellow shirts.

Else it would be double standard.

[ramrod711]

What rubbish. Protestors were warned, with bullhorns etc, so when the Police stepped up and took matters into their own hands, people got hurt. They could have used water canon yes, but like all protests in Thailand, they always turn ugly and whilst police actually did their job this time (amazing - could not have been too many REDS in the crowd), to have used exploding tear gas canisters, was pretty heavy handed. But paying compensation?

pay the reds....pay the yellows.....the only difference is that the police did their jobs against the yellow shirts

[siampolee]

Just waiting for the Raging Reds to jump on this with comments like the protestors were warned, they shouldn't have been there it wasn't democratic etc etc.

Also will the person or persons who gave the order to fire be subjected to the same judicial interrogation as was Abhisit?

Edited October 6, 2012 by siampolee

[Dap]

What rubbish. Protestors were warned, with bullhorns etc, so when the Police stepped up and took matters into their own hands, people got hurt. They could have used water canon yes, but like all protests in Thailand, they always turn ugly and whilst police actually did their job this time (amazing - could not have been too many REDS in the crowd), to have used exploding tear gas canisters, was pretty heavy handed. But paying compensation?

Firing "exploding" gas canisters directly into the crowd was also a tad heavy handed, IMO of course.

[h90]

What rubbish. Protestors were warned, with bullhorns etc, so when the Police stepped up and took matters into their own hands, people got hurt. They could have used water canon yes, but like all protests in Thailand, they always turn ugly and whilst police actually did their job this time (amazing - could not have been too many REDS in the crowd), to have used exploding tear gas canisters, was pretty heavy handed. But paying compensation?

Firing "exploding" gas canisters directly into the crowd was also a tad heavy handed, IMO of course.

While it is understandable that the police didn't know it on the beginning, it is criminal to continue after the knew it.

But well what else could the have done when Thaksin ordered it.

[looping]

This demonstration and the red shirt shindig of 2010 are different in so many ways, almost an inverse relationship from start to finish.

[GentlemanJim]

How funny. The people that want Abhisits skin used this argument.

The defendants argued that the street protest was not peaceful and that it was against the Constitution.

The police were using tear gas from China that contained RDX in the components - an explosive.

http://usatoday30.us...134085864_x.htm

Warning - GRAPHIC IMAGES

[TheKrayTriplet]

Just waiting for the Raging Reds to jump on this with comments like the protestors were warned, they shouldn't have been there it wasn't democratic etc etc.

Also will the person or persons who gave the order to fire be subjected to the same judicial interrogation as was Abhisit?

I think you'll find that range of "justifications" is normally levied

at

the red shirts, not

by

the red shirt "supporters", as you well know.

Abhisit hasn't finished his "judicial interrogation" just yet, one hopes. However you will find that

"the person or persons who gave the order to fire"

was investigated by the National Counter Corruption Committee. You can read more about it here if you have a bias filter fitted

http://www.antithaks...php?Aid=0401010

Edited October 7, 2012 by TheKrayTriplet

[TheKrayTriplet]

Firing "exploding" gas canisters directly into the crowd was also a tad heavy handed, IMO of course.

While it is understandable that the police didn't know it on the beginning, it is criminal to continue after the knew it.

But well what else could the have done when Thaksin ordered it.

Well, that is a stretch, seeing that Somchai was Prime Minister at the time, but don't let that stop you venting

[Ricardo]

Firing "exploding" gas canisters directly into the crowd was also a tad heavy handed, IMO of course.

While it is understandable that the police didn't know it on the beginning, it is criminal to continue after the knew it.

But well what else could the have done when Thaksin ordered it.

Well, that is a stretch, seeing that Somchai was Prime Minister at the time, but don't let that stop you venting

Hi ppd, I've been traveling for several weeks, did anything interesting happen while I was away ?

And, on-topic, why do the yellow-protesters get less than the red ones ?

[h90]

Firing "exploding" gas canisters directly into the crowd was also a tad heavy handed, IMO of course.

While it is understandable that the police didn't know it on the beginning, it is criminal to continue after the knew it.

But well what else could the have done when Thaksin ordered it.

Well, that is a stretch, seeing that Somchai was Prime Minister at the time, but don't let that stop you venting

And Somchai is Thaksins brother in law, who only got the job because he is a family member....and of course only followed orders from, even more than Yingluck who is Thaksins sister, or the other brother in law who was the police boss, or the other brother who was army boss etc etc etc

Either these two families are genetically the best to lead Thailand or Thaksin is just putting one family member after the other in key positions to keep control of Thailand.

[h90]

Firing "exploding" gas canisters directly into the crowd was also a tad heavy handed, IMO of course.

While it is understandable that the police didn't know it on the beginning, it is criminal to continue after the knew it.

But well what else could the have done when Thaksin ordered it.

Well, that is a stretch, seeing that Somchai was Prime Minister at the time, but don't let that stop you venting

Hi ppd, I've been traveling for several weeks, did anything interesting happen while I was away ?

And, on-topic, why do the yellow-protesters get less than the red ones ?

because they fought against Thaksin instead of for Thaksin.

That should be reason enough....

[Buchholz]

Link to Photo:

http://news.yahoo.com/photos/supporter-pad-places-flower-front-pictures-yellow-shirt-photo-022005842.html

A supporter of the People's Alliance for Democracy (PAD) places a flower in front of pictures of "yellow shirt" supporters who died during clashes over the years, at a commemoration ceremony in Bangkok October 7, 2012.

REUTERS