Suit filed against imposition of state of emergency

[webfact]

COURT
Suit filed against imposition of state of emergency

BANGKOK: -- A core protest leader on Monday filed a lawsuit with the Civil Court against the caretaker premier, the chief and deputy chief of the government's peacekeeping centre, accusing them of invoking a state of emergency without legitimacy.

Thaworn Senneam asked the Court to revoke the state of emergency decree and prohibit the dispersal of the antigovernment protesters.

The defendants were caretaker premier Yingluck Shinawatra, Centre for Maintaining Peace and Order’s chief Chalerm Yoobamrung and deputy chief Pol Gen Adul Saengsingkaew.

Thaworn based his complaint on the Constitutional Court’s ruling that the PDRC protest has been lawful since it is unarmed and peaceful, thus, the government does not need to impose the state of emergency, which restricts the protesters' rights.

He said he had to file the suit with the Civil Court because the emergency decree did not allow them to bring the case to the Administrative Court.

He said the rally leaders would not lead the protesters at the Victory Monument site to lay siege to any state premises, fearing for the protesters' safety.

He added that police, who had earlier been deployed to maintain security at the protest site, were withdrawn, with the police reasoning that they might face legal action for supporting illegal protests after the imposition of the state of emergency.

The court accepted the suit for an urgent hearing. It was expected to rule this afternoon.


-- The Nation 2014-01-27

[Boxclever]

Two faced yellow shirts...

What about the state of emergency they imposed in 2010 that resulted in 90 inocent people being shot to death?

Oh that's right...they are the "good people", above the law.

[Costas2008]

"The court accepted the suit for an urgent hearing. It was expected to rule this afternoon."

Doesn't matter the outcome..........she only listens to her brothers instructions.

[Thai at Heart]

The guy who got killed yesterday had weapons on his truck. I think that justifies a SOE.

[gemini81]

Two faced yellow shirts...

What about the state of emergency they imposed in 2010 that resulted in 90 inocent people being shot to death?

Oh that's right...they are the "good people", above the law.

You would too in response to bamboo stakes, killing soldiers, looting, arson, burning tires, bombings.

You have got your facts backwards. Better tune into some youtube video footage that show the common tourist who just arrived what happened here in 2010.

[firestar]

"If they violate the laws, such as blocking roads and intruding into government offices, we will have to disperse them." Then Deputy Prime Minister of Thailand Suthep Thaugsuban, March 12, 2010

[ginjag]

The guy who got killed yesterday had weapons on his truck. I think that justifies a SOE.

Everyone violates, remember the police were not to be armed ??? and police in areas were armed. Same situ as in USA, they have so we can defend ourselves.

Unless the government bans the sale of weapons you can buy, pity the guy didn't have the weapon on him or else he could have had a chance.

[Scamper]

" He added that police, who had earlier been deployed to maintain security at the protest site, were withdrawn, with the police reasoning that they might face legal action for supporting illegal protests after the imposition of the state of emergency."

Can anyone imagine such nonsense ? The police are entrusted to protect the protesters. What have all those meetings between the PDCR and the police regarding a joined effort to protect the protesters been about ? Prayuth has called for the police to protect the public. So they withdraw from their duties of protecting the people because of the emergency decree ? Under whose orders ? Chalerm ? And this lawsuit can't be submitted to the Administrative Court because of the emergency decree ? This should be handled by the Constitution Court. They deemed the PDRC protests as lawful. The former chief justice of the Supreme Court is on record as saying that a caretaker administration does not have the power to enact an emergency decree. For the police to unilaterally abdicate their responsibility to protect protest sites, they are now enablers of whatever attacks on the protesters that follow. Is this the peace and order that Chalerm had promised ?

Edited January 27, 2014 by Scamper

[firestar]

Two faced yellow shirts...

What about the state of emergency they imposed in 2010 that resulted in 90 inocent people being shot to death?

Oh that's right...they are the "good people", above the law.

You would too in response to bamboo stakes, killing soldiers, looting, arson, burning tires, bombings.

You have got your facts backwards. Better tune into some youtube video footage that show the common tourist who just arrived what happened here in 2010.

There had been no "killing , looting, arson, burning tires, bombings" before Abhisit declared the SOE beginning of April.

Up until the 30th of March Red Shirt leaders had meetings with Abhisit, unlike the "we will not discuss or comprise" Suthep stance/

Find me reports of a single death before the Abhisit SOE declaration and 48 later this happened :

The army were firing live rounds on civilians. I wouldn't have believed it if I hadn't seen it myself

Paul, British teacher

"Hundreds of soldiers and riot police advanced after nightfall on one of the red-shirt camps, near Phan Fah bridge and Ratchadamnoen road"

While on TV "There were no live bullets fired at protesters," Panitan Wattanayagorn said on national TV, AFP agency reported.

http://news.bbc.co.uk/2/hi/8612783.stm

Edited January 27, 2014 by firestar

[gemini81]

Two faced yellow shirts...

What about the state of emergency they imposed in 2010 that resulted in 90 inocent people being shot to death?

Oh that's right...they are the "good people", above the law.

You would too in response to bamboo stakes, killing soldiers, looting, arson, burning tires, bombings.

You have got your facts backwards. Better tune into some youtube video footage that show the common tourist who just arrived what happened here in 2010.

Up until the 30th of March Red Shirt leaders had meetings with Abhisit, unlike the "we will not discuss or comprise" Suthep stance/

There had been no "killing , looting, arson, burning tires, bombings" before Abhisit declared the SOE beginning of April.

Find me reports of a single death before the Abhisit SOE declaration and 48 later this happened :

The army were firing live rounds on civilians. I wouldn't have believed it if I hadn't seen it myself

Paul, British teacher

"Hundreds of soldiers and riot police advanced after nightfall on one of the red-shirt camps, near Phan Fah bridge and Ratchadamnoen road"

While on TV "There were no live bullets fired at protesters," Panitan Wattanayagorn said on national TV, AFP agency reported.

http://news.bbc.co.uk/2/hi/8612783.stm

'You would believe it if you were actually here like me, residing on Sukhumvit and seeing what these rented mob thugs are doing." - Me at the time, while you were still abroad. (A fresh & real perspective for you, not edited press) ** wink wink

[firestar]

You would believe it if you were actually here like me, residing on Sukhumvit and seeing what these rented mob thugs are doing." - Me at the time, while you were still abroad. (A fresh & real perspective for you, not edited press) ** wink wink

Awww that's cute... unfortunately, I've lived, also on Sukhumvit, for long enough to have witnessed every single Yellow or Red shirt protest since their inception.

[Boxclever]

You would believe it if you were actually here like me, residing on Sukhumvit and seeing what these rented mob thugs are doing." - Me at the time, while you were still abroad. (A fresh & real perspective for you, not edited press) ** wink wink

Awww that's cute... unfortunately, I've lived, also on Sukhumvit, for long enough to have witnessed every single Yellow or Red shirt protest since their inception.

Yep...same me.

I was living in Soi 15 at the time, witnessed the whole event first hand and what this facsist regime did to their own people after they declared the SOE.

And remember, Suthep was the deputy PM at the time!

[ChrisY1]

Valid claim.....legally, IMO the claim is right..........

[ChrisY1]

You would believe it if you were actually here like me, residing on Sukhumvit and seeing what these rented mob thugs are doing." - Me at the time, while you were still abroad. (A fresh & real perspective for you, not edited press) ** wink wink

Awww that's cute... unfortunately, I've lived, also on Sukhumvit, for long enough to have witnessed every single Yellow or Red shirt protest since their inception.

Yep...same me.

I was living in Soi 15 at the time, witnessed the whole event first hand and what this facsist regime did to their own people after they declared the SOE.

And remember, Suthep was the deputy PM at the time!

All years ago....it's 2014 now....another protest and different objectives......

[jollyman]

Yes Sethup started the whole thing way back in 2010, if you remember it started in Pattaya. He was seen organizing a group of men in Black, they started an attack. This lead to the reds storming the Hotel where the Gov was. They escaped by Boat Helicopter etc. Then the whole thing moved to Bangkok and Sethup initiated the Emergency decree, we know what happened then. Who/when will they stop this man

[3NUMBAS]

more lunacy using more twisted logic of bludgeon your opposition with any crazy idea you can dream up

[Baerboxer]

Two faced yellow shirts...

What about the state of emergency they imposed in 2010 that resulted in 90 inocent people being shot to death?

Oh that's right...they are the "good people", above the law.

Difference - in 2010 the government was still the government. Now the government is the caretaker government because they dissolved parliament. Maybe that affects their powers.

The situation is 2010 was very different and the main criticism of the then government was that they waited to long before invoking a SOE.

Were all the people shot innocent? Who is really to blame, the government at the time, the leaders of the terrorist rebellion or the person(s) who financed and orchestrated it?

Not as simple as you suggest,

[airconsult]

Valid claim.....legally, IMO the claim is right..........

I disagree - the responsibilities of a caretaker government are only limited to stop them imposing long-term agreements on the next elected government.

Ie. New treaties, new loans.

I don't think a state of emergency falls into long-term obligations. But considering the makeup of the court appointed by the only 50% elected senators.... I expect them to disagree.

Sent from my GT-N7000 using Thaivisa Connect Thailand mobile app

[Dogmatix]

The guy who got killed yesterday had weapons on his truck. I think that justifies a SOE.

Were the weapons on the truck before he was killed? Police behaviour after the shooting was highly suspicious. Why didn't they attempt to arrest any of the shooters? Cannot believe anything they say.

[blackman]

Two faced yellow shirts...

What about the state of emergency they imposed in 2010 that resulted in 90 inocent people being shot to death?

Oh that's right...they are the "good people", above the law.

these are not yellow shirts

the 90 innocent people should not have been there illegally

if they weren't, no deaths would have resulted

read your history

different game all round

this lot aren't armed with AK47's and grenade launchers

[blackman]

Yes Sethup started the whole thing way back in 2010, if you remember it started in Pattaya. He was seen organizing a group of men in Black, they started an attack. This lead to the reds storming the Hotel where the Gov was. They escaped by Boat Helicopter etc. Then the whole thing moved to Bangkok and Sethup initiated the Emergency decree, we know what happened then. Who/when will they stop this man

i think you mean Banham Silpa Archa not Sethup

if you are a tourist as your few posts that are not political might suggest or you would like them to suggest

i would remind you working without a permit is illegal

[gemini81]

You would believe it if you were actually here like me, residing on Sukhumvit and seeing what these rented mob thugs are doing." - Me at the time, while you were still abroad. (A fresh & real perspective for you, not edited press) ** wink wink

Awww that's cute... unfortunately, I've lived, also on Sukhumvit, for long enough to have witnessed every single Yellow or Red shirt protest since their inception.

Yep...same me.

I was living in Soi 15 at the time, witnessed the whole event first hand and what this facsist regime did to their own people after they declared the SOE.

And remember, Suthep was the deputy PM at the time!

And this year you don't hear all the guns (except from paid red shirt assassins) see the burning tires nor bamboo sticks...unless you a. were drunk & stoned when you live there b. both lie, and you weren't really there c. like selective memory to help your girl's losing cause. Caught you! Wink wink.

Edited January 27, 2014 by gemini81

[Dogmatix]

Looking Section 184 of the constitution there is probably at least a sporting chance that a case would be accepted for consideration by the Constitutional Court, if one could be filed there.

Section 184. For the purpose of maintaining national or public safety or national economic security, or averting public calamity, the King may issue an Emergency Decree which shall have the force as an Act.

The issuance of an Emergency Decree under paragraph one shall be made only when the Council of Ministers is of the opinion that it is the case of emergency and necessary urgency which is unavoidable.

Whether these conditions prevail or not is highly subjective and the Constitutional Court has already ruled that the protestors were 'peaceful'. However, he said that the SOE only gives him the option to file a case in the Civil Court. I am not sure of the criteria for this but the civil court usually has lower standards for accepting cases. Can't think of any precedents for legal challenges to SOE in Thailand. Usually the situation will blow up enough to justify it, possiblly as a a reaction to the SOE, even if it wasn't justified at the time it was imposed. Parts of the South have been under SOE for many years but, of course, the South is seen in a different light from Bangkok. Anyway the Civil Court seems to have agreed to make a ruling on Thursday as to whether it will impose an injunction against the government. I am not sure if much can be done tho, if the government ignores a civil court injunction. I think the yellow shirts ignored them in 2008.

Edited January 27, 2014 by Dogmatix

[soi41]

Two faced yellow shirts...

What about the state of emergency they imposed in 2010 that resulted in 90 inocent people being shot to death?

Oh that's right...they are the "good people", above the law.

You would too in response to bamboo stakes, killing soldiers, looting, arson, burning tires, bombings.

You have got your facts backwards. Better tune into some youtube video footage that show the common tourist who just arrived what happened here in 2010.

What a surprise to hear Khun gemini tell us about what happened in 2010!!

And everyone not agreeing with him are classified as tourists??

You will fit wonderfully into Mr Sutheps new wonderful world of "the good people"! Maybe the new masters will allow you to clean their toilets??

[Now or Never]

Suggestion to the Thai People.

I suggest Thailand change it's political system so as to include State Governments in a similar fashion to the USA, Canada, Australia, Malaysia, India and so on.

Thailand has a population of 67 million people (approximately) and could easily be divided into 6 to 10 states with their own Governors/ State Premiers, police forces, elected parliaments etc.

This would allow each state to follow it's own direction and allow the Federal government to govern only Federal matters.

Instead of areas of Thailand fighting each other, the states could do battle on the sporting field.

Cheers.

[ChrisY1]

Suggestion to the Thai People.

I suggest Thailand change it's political system so as to include State Governments in a similar fashion to the USA, Canada, Australia, Malaysia, India and so on.

Thailand has a population of 67 million people (approximately) and could easily be divided into 6 to 10 states with their own Governors/ State Premiers, police forces, elected parliaments etc.

This would allow each state to follow it's own direction and allow the Federal government to govern only Federal matters.

Instead of areas of Thailand fighting each other, the states could do battle on the sporting field.

Cheers.

In Thailand, there are ~76 provinces...all have governers and local governments/councils.....it is already over governed....

[jackrich]

Read my signature below as to what Suthep said when he imposed the emergency decree in 2010:

[ALLSEEINGEYE]

Two faced yellow shirts...

What about the state of emergency they imposed in 2010 that resulted in 90 inocent people being shot to death?

Oh that's right...they are the "good people", above the law.

Do remember that the first people killed in 2010 were the military personnel that were killed by your so called innocents.