CMPO cites failed legal challenge to 2010 emergency decree

[webfact]

CMPO cites failed legal challenge to 2010 emergency decree
The Nation

BANGKOK: -- The Centre for Maintaining Peace and Order (CMPO) yesterday resolved to cite as a precedent a 2010 Civil Court decision not to accept a case against the Emergency Decree declared in that year.

CMPO member Tarit Pengdith, who is also director-general of the Department of Special Investigation, said the Civil Court in 2010 turned down a petition by Pheu Thai spokesman Prompong Nopparit against the State of Emergency declared by then premier Abhisit Vejjajiva.

The CMPO cited the incident ahead of its scheduled ruling tomorrow on whether the most recent Emergency Decree was invoked legitimately.

Thaworn Senneam, a leader of the People's Democratic Reform Committee, requested the court to make the ruling.


-- The Nation 2014-02-18

[djjamie]

Kinda need an emergency decree when people threatened to blow up LPG truck, grenade attacks at Thai banks, attacked Thai charity with grenades, stormed parliament, attacked NPP and TPI buildings with M16 and grenades, stormed police hospital, stormed TV station, bomb attacks on electricity pylons, 2 police taken hostage, destroy CCTV cameras, dumped tyres on sky train tracks, beating soldiers to with in an inch of their lives. When dealing with terrorist you need a decree.

In stark contrast we had the below when riot police came in to break up the 2014 protests.

[Fryslan boppe]

"CMPO cites failed legal challenge to 2010 emergency decree"

An interesting test of the double standards thing.

Edited February 18, 2014 by Fryslan boppe

[ponchi]

it very different from 2010.

in 2010 is red shirt terrorist.

now is only people want democracy !!

[whybother]

"CMPO cites failed legal challenge to 2010 emergency decree"

An interesting test of the double standards thing.

Not unless you look at the circumstances of both situations. Different circumstances will lead to different results.

[haroldc]

FYI, Thailand does not recognize the common law principle of binding judicial precedent.

[Nickymaster]

"CMPO cites failed legal challenge to 2010 emergency decree"

An interesting test of the double standards thing.

Why double standards? You believe the situation today is similar to that in 2010?

[GeorgeO]

"CMPO cites failed legal challenge to 2010 emergency decree"

An interesting test of the double standards thing.

There can be no suggestion of double standards when one is comparing "apples with oranges"...!!

[thesetat2013]

Different circumstances between 2010 and now. So the CMPO is trying to use the last court ruling as a precedence to their decision now. I dont think it will work though.

Sent from my GT-S5310 using Thaivisa Connect Thailand mobile app

[aussieinthailand]

Kinda need an emergency decree when people threatened to blow up LPG truck, grenade attacks at Thai banks, attacked Thai charity with grenades, stormed parliament, attacked NPP and TPI buildings with M16 and grenades, stormed police hospital, stormed TV station, bomb attacks on electricity pylons, 2 police taken hostage, destroy CCTV cameras, dumped tyres on sky train tracks, beating soldiers to with in an inch of their lives. When dealing with terrorist you need a decree.

In stark contrast we had the below when riot police came in to break up the 2014 protests.

djjamie,

Out of all the photo's of the protesters and police, you pick this one, standard procedure for Suthep's/ Mark's followers,

now show any one of thousands of photos that show what the real situation is, like Suthep's thugs bashing people, thugs screeching and threatening and beating anyone who wanted to vote, the smashed buses and car's the shootings etc, but you wont as it doesn't sit with your "peaceful protesters" line huh???

BTW, go the Hawkes,

[noitom]

It's Thai hypocrisy. How about the 2008 airport closing? Thais just let it happen. People camped in all over the international airport. No security no order.

[PatOngo]

CMPO cites failed legal challenge to 2010 emergency decree.........while the rest of the world cites "failed state"!

[Red Snake]

it very different from 2010.

in 2010 is red shirt terrorist.

now is only people want democracy !!

Shouldn't you be at Government house now protecting your leader Suthep.

[h90]

Kinda need an emergency decree when people threatened to blow up LPG truck, grenade attacks at Thai banks, attacked Thai charity with grenades, stormed parliament, attacked NPP and TPI buildings with M16 and grenades, stormed police hospital, stormed TV station, bomb attacks on electricity pylons, 2 police taken hostage, destroy CCTV cameras, dumped tyres on sky train tracks, beating soldiers to with in an inch of their lives. When dealing with terrorist you need a decree.

In stark contrast we had the below when riot police came in to break up the 2014 protests.

djjamie,

Out of all the photo's of the protesters and police, you pick this one, standard procedure for Suthep's/ Mark's followers,

now show any one of thousands of photos that show what the real situation is, like Suthep's thugs bashing people, thugs screeching and threatening and beating anyone who wanted to vote, the smashed buses and car's the shootings etc, but you wont as it doesn't sit with your "peaceful protesters" line huh???

BTW, go the Hawkes,

Sure you have some photos of Sutheps people walk with AK-47 and M16 rifles and surely you have some speeches about Suthep want to burn down Bangkok or openly speaks about military training and bombing and shooting down helicopters?

The reds had it and there are a lot videos

[SOTIRIOS]

......apples and oranges.....

[zaphodbeeblebrox]

FYI, Thailand does not recognize the common law principle of binding judicial precedent.

That's not quite correct. In Thailand, a higher court's ruling on a case is highly persuasive if the interpretation of the same law is at issue.

However, the CMPO's argument is totally devoid of merit. They are citing a prior civil court ruling in their argument to another civil court. Precedent would not apply, although a court might look at the prior court's reasoning.

More importantly, a prior decision to refuse review does not create any kind of precedent. Precedent is only created when the court rules on the merits of a case. No written decision (explanation) of the ruling is given when the court turns down a request for review.

[phutoie2]

It's Thai hypocrisy. How about the 2008 airport closing? Thais just let it happen. People camped in all over the international airport. No security no order.

That was all ok as none were red shirt terrorists apparently.

[chainarong]

Kinda need an emergency decree when people threatened to blow up LPG truck, grenade attacks at Thai banks, attacked Thai charity with grenades, stormed parliament, attacked NPP and TPI buildings with M16 and grenades, stormed police hospital, stormed TV station, bomb attacks on electricity pylons, 2 police taken hostage, destroy CCTV cameras, dumped tyres on sky train tracks, beating soldiers to with in an inch of their lives. When dealing with terrorist you need a decree.

In stark contrast we had the below when riot police came in to break up the 2014 protests.

At least the city block didn't burn down , I always said Abhisit was to kind to the red shirts in 2010.

[TallPalm]

Kinda need an emergency decree when people threatened to blow up LPG truck, grenade attacks at Thai banks, attacked Thai charity with grenades, stormed parliament, attacked NPP and TPI buildings with M16 and grenades, stormed police hospital, stormed TV station, bomb attacks on electricity pylons, 2 police taken hostage, destroy CCTV cameras, dumped tyres on sky train tracks, beating soldiers to with in an inch of their lives. When dealing with terrorist you need a decree.

In stark contrast we had the below when riot police came in to break up the 2014 protests.

From the look of the headlines today it appears you spoke too soon

[Scamper]

Now that the emergency decree has been justly thrown out, all arrests and detentions under the emergency decree are gone, including the charges against the leaders.. The Civil Court's ruling that the emergency decree was unlawfully invoked is a clear indication that this is heading to the Constitutional Court. The Constitutional Court itself has deemed the protests constitutional - as indeed they are. And despite what the CMPO says, there is no precedent for an emergency decree imposed by a caretaker administration, let alone one ten days before a national election - anywhere. It is a swift slap in the face to Chalerm. And it is also the most potent sign to date of things to come - where the courts themselves will have the final say.

[Patpending]

got to say, the courts don't help themselves with this. too much old news around to embarrass them.

things going from bad to bad for everybody. with the state of the country going downhill, there is nothing much to rule over who ever wins. IMHO

[billd766]

Kinda need an emergency decree when people threatened to blow up LPG truck, grenade attacks at Thai banks, attacked Thai charity with grenades, stormed parliament, attacked NPP and TPI buildings with M16 and grenades, stormed police hospital, stormed TV station, bomb attacks on electricity pylons, 2 police taken hostage, destroy CCTV cameras, dumped tyres on sky train tracks, beating soldiers to with in an inch of their lives. When dealing with terrorist you need a decree.

In stark contrast we had the below when riot police came in to break up the 2014 protests.

djjamie,

Out of all the photo's of the protesters and police, you pick this one, standard procedure for Suthep's/ Mark's followers,

now show any one of thousands of photos that show what the real situation is, like Suthep's thugs bashing people, thugs screeching and threatening and beating anyone who wanted to vote, the smashed buses and car's the shootings etc, but you wont as it doesn't sit with your "peaceful protesters" line huh???

BTW, go the Hawkes,

Better still why don't YOU find the photos that you are talking about and post them here.