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Slain Thai activist's family arrested over leaflet protest


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2010 Political Violence
Slain activist's family arrested over leaflet protest

WATTANA KHAMCHU
THE NATION

BANGKOK: -- PAYAO AKKAHAD and her son Nattapat were arrested yesterday under the Skytrain's Morchit station for distributing leaflets criticising the Criminal Court's rejection of murder charges against former prime minister Abhisit Vejjajiva and his then deputy Suthep Thaugsuban.

Their daughter and sister Kamolkade, a volunteer medic, was killed during the authorities' crackdown on red-shirt protesters in 2010.

Pansak Srithep, the father of Samaphan, who was also killed in a military crackdown on protesters from the United Front of Democracy against Dictatorship in May 2010, was also nabbed for the same activity at nearby Chatuchak Park. The three were taken to Bang Sue Police Station for questioning. And they were later released in the evening.

Payao said she was seeking justice. "This should be regarded as a criminal and not political case because many people died in the 2010 rally. If the case is tried by the Supreme Court's Criminal Division for Holders of Political Positions, convicts will be held to less severe punishment.

"It's not fair for the relatives of the people who died. We want this to be a landmark case. If other PMs give such orders, they must face criminal action," she said.

The Criminal Court on Thursday said that it did not have jurisdiction over the case and that the case should be referred to the National Anti-Corruption Commission.

The DSI had accused Abhisit and Suthep of murder for their roles in the Centre for Resolution of the Emergency Situation's operations against anti-government demonstrators in 2010.

Dozens of red shirts were killed during the 2010 political unrest.

Source: http://www.nationmultimedia.com/politics/Slain-activists-family-arrested-over-leaflet-prote-30242226.html

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-- The Nation 2014-09-01

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Crackdown Victims Families Demand Ex-Leaders Tried In 'People's Court'
By Khaosod English

BANGKOK — The relatives of a 17-year-old boy and a volunteer nurse who were murdered during the 2010 military crackdown on Redshirt demonstrators staged a protest in defiance of the junta's ban on public gatherings.

The protest followed the Criminal Court's decision to reject criminal proceedings against then-Prime Minister Abhisit Vejjajiva and his deputy Suthep Thaugsuban for their authorisation of the crackdown, which killed over 90 people, mostly civilians. Mr. Abhisit and Mr. Suthep were charged with murder and attempted murder.

The court argued that Mr. Abhisit and Mr. Suthep must be tried by the Supreme Court's Division of Political Office Holders because the two men were in political office when the alleged crimes were committed.

Pansak Srithep, whose son Samapan Srithep was killed in the clashes between soldiers and Redshirt in May 2010, distributed leaflets around Mo Chit BTS station at around 11 am today. The leaflets called for the establishment of a "People's Court" to try those responsible for the military crackdown on behalf of the victims' families.

The leaflets named 5 people including Mr. Abhisit and Mr. Suthep.

Police moved in to detain Mr. Pansak almost immediately after he started distributing the flyers, while another group of police officers arrested Payao Akhart and her son Nattapat Akhart while they were waiting to stage a protest near the BTS Station. Ms. Payao’s daughter, Kamonkate "Nurse Kate" Akhart, was killed in the May 2010 unrest while she was working as a volunteer medic.

Ms. Payao insisted to police that today's activities weren't meant to "protest or contest" the Criminal Court's verdict.

"I do not have intention to defame the court. I only want to ask for fairness for the deceased victims," Ms. Payao told police.

Nevertheless, Ms. Payao said she did not agree with the court decision, as she believes the murder charges against Mr. Abhisit and Mr. Suthep are not "political offences" and therefore not appropriate for the Supreme Court's Division of Political Office Holders.

The three activists were detained at Bang Sue police station for six hours before they were released.

Pol.Gen. Amnuay Nimmano, deputy commander of Bangkok Metropolitan Police, initially wanted to press libel charges against Ms. Payao and Mr. Pansak for "defaming" the individuals named in their flyers, but police officers later explained that the charges could not be filed because none of the mentioned individuals filed a complaint with the police.

"As for this case, I want to inform other victims' relatives that the Criminal Court did not acquit Mr. Abhisit and Mr. Suthep," said Pol.Gen. Amnuay, "The court did not take up the case because it lacks jurisdiction."

Police say officers of the Judge Advocate General's Department are still considering whether to press charges against Mr. Pansak and Ms. Payao for defying the junta’s ban on public demonstrations.

Citing the power of martial law, the junta's National Council for Peace and Order (NCPO) has placed a nationwide ban on public protests and tried those who violate the ban in military court.

Last week, the military court handed down a suspended one-year jail sentence to eight anti-coup demonstrators for staging a protest against the NCPO in Chiang Rai province.

Source: http://en.khaosod.co.th/detail.php?newsid=1409495486&typecate=06&section=

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-- Khaosod English 2014-09-01

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these unfortunate people got caught up in a situation were there were armed gunmen all around them engaging the army, the sad reality is if they had removed themselves from the area this would never have happened, if they really want justice they need to ask the man in the sand and those on the stages why they placed armed terrorists into the crowd, did they think the army were just going to stand there and be shot at

The questions that should be asked are -

- Did the army have a right to be there ? well of course they did

- Were there armed terrorists amongst the crowd of red protestors ? by all accounts it seems there were

- Did the red leaders give orders to shoot at the authorities ? by all accounts it seems they did

- Did the army have the justification to return fire ? by all accounts it seems they did

- Were people not wanting to be involved given the opportunity to leave the area ? by all accounts it seems they were

- Are these victims still being used as Thaksins pawns ? unfortunately it seems they are

The whole argument around these unfortunate casualties hinges on one thing, were there armed gunmen firing at the police and army amongst the red protestors - if the answer to that question is "yes" then case closed

I think you are losing this one event in amongst the wider scenario and I disagree with your last sentence. And I am fully in support of the Government and Army's actions at the time. This particular shooting of this nurse was away out of line. This was not in the early days of Thaksin's attack on Bangkok where soldiers were rightfully scared of the Black ronin snipers. This was late in the piece with the final push and mop up, the Black ronins gone and the Red mob well beaten. The Army was in total control and had the temple secured and sealed off. The Army had their troops come snipers elevated and looking down into the temples grounds and through binoculars and rifle scopes that young nurse would have stood out as plain as day. I have been a hunter gather all my life and am used to taking out deer at 400 meters with a 25/08 and basic scope that I could clearly define what I was shooting at. The soldier who pulled that trigger had a clear view of the scenario beneath them, at that stage of the mop up had no threats to their safety and minimial to those who were to ground storm the temple and should have been if wanting to lay down cover fire been able to pick a combat target which at that stage their were very few of, and not a nurse given of the situation who was there showing compassion. The same as the murders of the Army colonel and his staffers that was so wrong at the start of this mess and for which Thaksin and his thugs should be getting held to account this suspected murder (and that is what it is) at the end of it is also so wrong.

While I can agree that the family are debating about the wrong court I can see their point of view where their daughter was butchered and where someone should be held to account namely the Army soldier who pulled the trigger, or the ones immediately above them who gave them the order to shoot at will at any target they wished, because they were right out of control on this count. And that should be by the Army Courts. Sadly for these parents that will never happen.

And edited to add. It would be someone with a pretty black heart to agree with and then lay changes against this family regardless of their actions being seen as a violation against the criminal court. Thailand may need a leader right now with an iron fist to do what needs to be done but patience and compassion is also a prerequisite for a great leader. And that is what is needed in spades for this family.

Edited by Roadman
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A "people's court" is normally not really associated with juridical and lawful justice. More with satisfying some people.

Will the people's court have their own people's army led by ex-PM Gen Chavalit? He was appointed to that position in 2010, allegedly that is.

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Gezz have some compassion, arresting someone for this. Let's drive a wedge between the haves and have nots. This is a bad move and will only divide the country again and not bring it together. They could have been handled more sensitively and not arrested.

They should realise that they are breaking the law. It is not about compassion, it is about law-breaking.

Perhaps you think they are not aware that we are now in a military dictatorship?

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these unfortunate people got caught up in a situation were there were armed gunmen all around them engaging the army, the sad reality is if they had removed themselves from the area this would never have happened, if they really want justice they need to ask the man in the sand and those on the stages why they placed armed terrorists into the crowd, did they think the army were just going to stand there and be shot at

The questions that should be asked are -

- Did the army have a right to be there ? well of course they did

- Were there armed terrorists amongst the crowd of red protestors ? by all accounts it seems there were

- Did the red leaders give orders to shoot at the authorities ? by all accounts it seems they did

- Did the army have the justification to return fire ? by all accounts it seems they did

- Were people not wanting to be involved given the opportunity to leave the area ? by all accounts it seems they were

- Are these victims still being used as Thaksins pawns ? unfortunately it seems they are

The whole argument around these unfortunate casualties hinges on one thing, were there armed gunmen firing at the police and army amongst the red protestors - if the answer to that question is "yes" then case closed

I think you are losing this one event in amongst the wider scenario and I disagree with your last sentence. And I am fully in support of the Government and Army's actions at the time. This particular shooting of this nurse was away out of line. This was not in the early days of Thaksin's attack on Bangkok where soldiers were rightfully scared of the Black ronin snipers. This was late in the piece with the final push and mop up, the Black ronins gone and the Red mob well beaten. The Army was in total control and had the temple secured and sealed off. The Army had their troops come snipers elevated and looking down into the temples grounds and through binoculars and rifle scopes that young nurse would have stood out as plain as day. I have been a hunter gather all my life and am used to taking out deer at 400 meters with a 25/08 and basic scope that I could clearly define what I was shooting at. The soldier who pulled that trigger had a clear view of the scenario beneath them, at that stage of the mop up had no threats to their safety and minimial to those who were to ground storm the temple and should have been if wanting to lay down cover fire been able to pick a combat target which at that stage their were very few of, and not a nurse given of the situation who was there showing compassion. The same as the murders of the Army colonel and his staffers that was so wrong at the start of this mess and for which Thaksin and his thugs should be getting held to account this suspected murder (and that is what it is) at the end of it is also so wrong.

While I can agree that the family are debating about the wrong court I can see their point of view where their daughter was butchered and where someone should be held to account namely the Army soldier who pulled the trigger, or the ones immediately above them who gave them the order to shoot at will at any target they wished, because they were right out of control on this count. And that should be by the Army Courts. Sadly for these parents that will never happen.

And edited to add. It would be someone with a pretty black heart to agree with and then lay changes against this family regardless of their actions being seen as a violation against the criminal court. Thailand may need a leader right now with an iron fist to do what needs to be done but patience and compassion is also a prerequisite for a great leader. And that is what is needed in spades for this family.

the point is, she should not have been there if she is not willing to take the risk of being accidently caught up in the crossfire, it's a bit like a journalist entering a conflict zone - they know the risks and are willing to take them

I don't think the army targeted some of these people - they just got in the way in a live fire zone, it happens

The Coroner should have concluded "Accidental Death" unless they have evidence to suggest the army targeted unarmed people or were ordered to - as far as I am aware this did not happen and no such order existed

TBH considering what was going on at the time I'd have expected the death toll to be much higher than it was

Already mentioned above in a rare time I agree with Chooka - the police should take a considerable part of the blame here for not doing their sworn duty from the start, there could also be a case to answer were the police refused to protect the peaceful PDRC while they were being constantly attacked forcing them to arm themselves - the police have a lot to answer for in both cases - don't forget nearly 30 people died the first 6 months of this year while the police sat back and did absolutely nothing

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these unfortunate people got caught up in a situation were there were armed gunmen all around them engaging the army, the sad reality is if they had removed themselves from the area this would never have happened, if they really want justice they need to ask the man in the sand and those on the stages why they placed armed terrorists into the crowd, did they think the army were just going to stand there and be shot at

The questions that should be asked are -

- Did the army have a right to be there ? well of course they did

- Were there armed terrorists amongst the crowd of red protestors ? by all accounts it seems there were

- Did the red leaders give orders to shoot at the authorities ? by all accounts it seems they did

- Did the army have the justification to return fire ? by all accounts it seems they did

- Were people not wanting to be involved given the opportunity to leave the area ? by all accounts it seems they were

- Are these victims still being used as Thaksins pawns ? unfortunately it seems they are

The whole argument around these unfortunate casualties hinges on one thing, were there armed gunmen firing at the police and army amongst the red protestors - if the answer to that question is "yes" then case closed

A sad but true argument I feel. Perhaps an "arrest" was a little too strong a response here as it may be used politically/negatively going forward... but your argument is a good one and I concur.

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Gezz have some compassion, arresting someone for this. Let's drive a wedge between the haves and have nots. This is a bad move and will only divide the country again and not bring it together. They could have been handled more sensitively and not arrested.

Add to that the perversion of The Nation's headline branding the volunteer medic (slain inside a temple by an army bullet) as "an activist".

For the sake of fairness and truth in reporting, let us hope it is one of the many blunders The Nation has become infamous in translation. 5 billion people on this planet speak and are proficient in English but... never mind: TIT

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A "people's court" is normally not really associated with juridical and lawful justice. More with satisfying some people.

Will the people's court have their own people's army led by ex-PM Gen Chavalit? He was appointed to that position in 2010, allegedly that is.

Well if it's the People's Court, Judge Wapner will be presiding.

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Gezz have some compassion, arresting someone for this. Let's drive a wedge between the haves and have nots. This is a bad move and will only divide the country again and not bring it together. They could have been handled more sensitively and not arrested.

They should realise that they are breaking the law. It is not about compassion, it is about law-breaking.

Perhaps you think they are not aware that we are now in a military dictatorship?

Policing is not just about going in boots and all arresting people, it is also about maintaining peace and order and preventing offences. Police have a discretional power and should consider the consequences of their actions before they act. Personally I believe the police should have just warned them and moved them on. Arresting them has probably only garnished them support and highlighted their cause and possibly divided some in the community. The action of arresting them has probably inflamed the situation

I am sure they knew what they were doing was "wrong" and that they fully expected to get arrested.

The police have to draw a line somewhere, and these two crossed it, and IMO knew that they would cross it.

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Gezz have some compassion, arresting someone for this. Let's drive a wedge between the haves and have nots. This is a bad move and will only divide the country again and not bring it together. They could have been handled more sensitively and not arrested.

They should realise that they are breaking the law. It is not about compassion, it is about law-breaking.

Perhaps you think they are not aware that we are now in a military dictatorship?

Policing is not just about going in boots and all arresting people, it is also about maintaining peace and order and preventing offences. Police have a discretional power and should consider the consequences of their actions before they act. Personally I believe the police should have just warned them and moved them on. Arresting them has probably only garnished them support and highlighted their cause and possibly divided some in the community. The action of arresting them has probably inflamed the situation

I agree. We don't know the circumstances tough. Maybe the RTP did try to mover them on and they refused. In which case being arrested. Many people protesting want to be arrested rather than giving up as you no doubt know. If the police simply went and arrested them straight off, that was not clever.

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Gezz have some compassion, arresting someone for this. Let's drive a wedge between the haves and have nots. This is a bad move and will only divide the country again and not bring it together. They could have been handled more sensitively and not arrested.

They should realise that they are breaking the law. It is not about compassion, it is about law-breaking.

Perhaps you think they are not aware that we are now in a military dictatorship?

Policing is not just about going in boots and all arresting people, it is also about maintaining peace and order and preventing offences. Police have a discretional power and should consider the consequences of their actions before they act. Personally I believe the police should have just warned them and moved them on. Arresting them has probably only garnished them support and highlighted their cause and possibly divided some in the community. The action of arresting them has probably inflamed the situation

I am sure they knew what they were doing was "wrong" and that they fully expected to get arrested.

The police have to draw a line somewhere, and these two crossed it, and IMO knew that they would cross it.

I need to dispute this point. How did they know " what they were doing was "wrong"". Please tell us what law they knew that they were breaking. According to the OP, they were arrested for unlawful assembly/protest which involves 5 or more people. Were there that many at either location distributing leaflets? Why were the others not also arrested if they were there? Sorry, but this looks like a very clumsy attempt to intimidate these people, who are merely seeking answers.

If my daughter had been shot similarly, I would certainly be looking for answers, not the least of which is, why the Criminal Court took 20 months to decide that they had no jurisdiction.

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Policing is not just about going in boots and all arresting people, it is also about maintaining peace and order and preventing offences. Police have a discretional power and should consider the consequences of their actions before they act. Personally I believe the police should have just warned them and moved them on. Arresting them has probably only garnished them support and highlighted their cause and possibly divided some in the community. The action of arresting them has probably inflamed the situation

If your reading skills were a little better, you might realise that is exactly what was done. They were detained for 6 hours to prevent them committing an illegal act, but no charges were laid.

Presumably by then all the press that had been notified of their staged event had got bored and gone home to bed. Just how much more reasonably should they have been treated?

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In reality the problem is not that of governmental action but a contempt of court situation by the criticism of a judicial verdict.

In reality the problem is it should never have gone to court - there was never a case to answer

Tarrit and the AG should be in court for abuse of office and giving these people some sort of belief that they are victims of something and have a just cause because they don't, the blame for this is with those that promoted and sponsored the use of assault rifles amongst the protestors - what happened next went exactly as planned by the evil thaksin

read my above post

Yawn. . . carry on believing the propaganda. Why don't you actually do some research and look beyond Thaksin? The information is out there you just need to look for it.

What the Shin propaganda and lies?

Plenty of information out there. Start by asking who benefited the most from toe 2010 violent insurrection? Who got his money back, got a puppet regime installed and has increased his family's wealth vastly since then? Who came very close to sneaking a whitewash for his crimes through? Could that be the same person who planned, funded and controlled the 2010 terrorist riots? The same person who lets others rot in jail and die for his benefit whilst living the life of luxury?

Yep, lots of information out there , if you want to see it.

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Policing is not just about going in boots and all arresting people, it is also about maintaining peace and order and preventing offences. Police have a discretional power and should consider the consequences of their actions before they act. Personally I believe the police should have just warned them and moved them on. Arresting them has probably only garnished them support and highlighted their cause and possibly divided some in the community. The action of arresting them has probably inflamed the situation

If your reading skills were a little better, you might realise that is exactly what was done. They were detained for 6 hours to prevent them committing an illegal act, but no charges were laid.

Presumably by then all the press that had been notified of their staged event had got bored and gone home to bed. Just how much more reasonably should they have been treated?

If your reading and comprehension skills were a little better you'd perhaps realize that Chooka is talking about warning them and moving them on without actually arresting them and taking them in. Two different things.

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I need to dispute this point. How did they know " what they were doing was "wrong"". Please tell us what law they knew that they were breaking. According to the OP, they were arrested for unlawful assembly/protest which involves 5 or more people. Were there that many at either location distributing leaflets? Why were the others not also arrested if they were there? Sorry, but this looks like a very clumsy attempt to intimidate these people, who are merely seeking answers.

If my daughter had been shot similarly, I would certainly be looking for answers, not the least of which is, why the Criminal Court took 20 months to decide that they had no jurisdiction.

Seriously?? Criticizing a legal judgement about a political issue during martial law??

These people have been heavily involved in these political issues since the deaths in 2010. They have had well paid legal representation since that time.

I'm am not saying anything for or against what they did, but they knew exactly what they were doing. And I am sure they got the result they wanted.

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Policing is not just about going in boots and all arresting people, it is also about maintaining peace and order and preventing offences. Police have a discretional power and should consider the consequences of their actions before they act. Personally I believe the police should have just warned them and moved them on. Arresting them has probably only garnished them support and highlighted their cause and possibly divided some in the community. The action of arresting them has probably inflamed the situation

If your reading skills were a little better, you might realise that is exactly what was done. They were detained for 6 hours to prevent them committing an illegal act, but no charges were laid.

Presumably by then all the press that had been notified of their staged event had got bored and gone home to bed. Just how much more reasonably should they have been treated?

If your reading and comprehension skills were a little better you'd perhaps realize that Chooka is talking about warning them and moving them on without actually arresting them and taking them in. Two different things.

i know what he was saying, and it is a false argument based on his political leanings.This was a staged event, and there is no evidence that a warning would have caused them to cease and desist their illegal actions. They were illegally criticising a valid court decision, and their criticism has no legal or logical merit, only that it doesn't suit their own goals.

Just how long does a death in the family give a carte blanche to commit crimes, just how much more leniency could have been shown?

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Policing is not just about going in boots and all arresting people, it is also about maintaining peace and order and preventing offences. Police have a discretional power and should consider the consequences of their actions before they act. Personally I believe the police should have just warned them and moved them on. Arresting them has probably only garnished them support and highlighted their cause and possibly divided some in the community. The action of arresting them has probably inflamed the situation

If your reading skills were a little better, you might realise that is exactly what was done. They were detained for 6 hours to prevent them committing an illegal act, but no charges were laid.

Presumably by then all the press that had been notified of their staged event had got bored and gone home to bed. Just how much more reasonably should they have been treated?

If your reading and comprehension skills were a little better you'd perhaps realize that Chooka is talking about warning them and moving them on without actually arresting them and taking them in. Two different things.

That's exactly what I meant. Would this have been news if they were just moved on?

Edited by chooka
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Policing is not just about going in boots and all arresting people, it is also about maintaining peace and order and preventing offences. Police have a discretional power and should consider the consequences of their actions before they act. Personally I believe the police should have just warned them and moved them on. Arresting them has probably only garnished them support and highlighted their cause and possibly divided some in the community. The action of arresting them has probably inflamed the situation

If your reading skills were a little better, you might realise that is exactly what was done. They were detained for 6 hours to prevent them committing an illegal act, but no charges were laid.

Presumably by then all the press that had been notified of their staged event had got bored and gone home to bed. Just how much more reasonably should they have been treated?

If your reading and comprehension skills were a little better you'd perhaps realize that Chooka is talking about warning them and moving them on without actually arresting them and taking them in. Two different things.

i know what he was saying, and it is a false argument based on his political leanings.This was a staged event, and there is no evidence that a warning would have caused them to cease and desist their illegal actions. They were illegally criticising a valid court decision, and their criticism has no legal or logical merit, only that it doesn't suit their own goals.

Just how long does a death in the family give a carte blanche to commit crimes, just how much more leniency could have been shown?

What are my political leanings? They definitely don't align with the reds or the yellows. I was commenting purely as an experienced police officer and it has absolutely nothing to do with politics.

Edited by chooka
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