Advice From Attorney General To Thai PM Abhisit Vejjajiva re: Use of Force

This document, dated October 2009, is from the Thai Attorney General, Chulasingh Vasantasingh, to then Thai Prime Minister, Abhisit Vejjajiva, and is in regards to the use of force by the Thai authorities to disperse unlawful protests. Both Chulasingh and Abhisit have signed the document meaning that the Attorney General’s advice has been formally acknowledged by PM Abhisit.

It’s relevance and importance is that it establishes as fact that PM Abhisit knew he had responsibility should there be any excess use of force by the Thai authorities in any crowd dispersal - even if that crowd acted unlawfully - and that PM Abhisit had been informed as to the legal limits of the use of force should such force be required.

Given that there were multiple incidences of unarmed & peaceful protesters being shot and killed by Thai Army marksmen and snipers in April/May 2010 and that such actions appeared systematic and organised, there seems strong grounds to suggest that the advice of the Attorney General was knowingly breached and ignored.

The English translation is below the document.

Office of The Attorney General
Na Hap Phoei Road Bangkok 10200
No. 001/13406
15th October B.E. 2552 [2009]

Subject: International Standards of Crowd Dispersal

Excellency,

Attached: Basic Principles on the Use of Force and Firearms by Law Enforcement Officials 1990.

As in the meeting of the Internal Security Operations Command [ISOC] committees number 6/2552, held on 14th October B.E. 2552 [2009] that the Attorney General referred to the ruling of the Administrative Court black case number 1605/2551 [a black case refers to an “undecided” case - our assumption is that this particular case had not reached the highest court so the ruling was possibly non-binding see note below] which laid the legal grounds on the dispersal of unlawful and unconstitutional assemblies and that during said dispersals “the action of the police authorities to disperse the crowd must…follow the procedure of the international standards of crowd dispersal”, something the Prime Minister [Abhisit] mentioned regarding United Nations’ standard [of dispersal] in the meeting.

The Attorney General would like to inform [PM Abhisit] that if there is any legal case brought to the court [as a result of the dispersal], then the Internal Security Operations Command committees and the operational authorities must explain to the court whether they considered the procedure used during the operation to disperse the crowd to be consistent with international standards and the above ruling of the administrative court [black case number 1605/2551] or not. The Attorney General conducted an examination and found that the United Nations Basic Principles on the Use of Force and Firearm by Law Enforcement Officials 1990 stipulated that crowd dispersal standards in section 12, 13 and 14 - the important details can be seen in the attached document - state that in the dispersal of assemblies that are unlawful but non-violent, law enforcement officials shall avoid the use of force or, where that is not practicable, shall restrict such force to the minimum extent necessary. And after considering these principles, it is consistent with the document used in the meeting: appendix E regarding the Principles on the Use of Force.

For your consideration and further action.

Your sincerely
Signed
Chulasingh Vasantasingh
Attorney General

Signed
Abhisit Vejjajiva
Prime Minsiter

The handwritten notation above Abhisit’s signature says “Order the chief of police to the examine the consistency of the above” [In reference to the crowd dispersal standards].

Note on Administrative Court black case number 1605/2551 - refers to the People's Alliance for Democracy (PAD) administrative case against the Somchai Wongsawat government’s use of force to disperse their protest in 2008. Some details of the case can be found by searching here -  http://court.admincourt.go.th/ORDERED/accuse_new.aspx