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2002 Songkhla gas pipeline protesters lose court battle

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  • 2002 Songkhla gas pipeline protesters lose court battle

    2002 Songkhla gas pipeline protesters lose court battle
    Vichayant Boonchote
    27/11/2015



    The court said Sant Sarutanond, the national police commander at the time, and other defendants had carried out their duties, while the plaintiffs had no evidence to prove abuse of authority by any of the officers.

    Pol Gen Sant and the five policemen were hauled into court by 25 plaintiffs who accused them of using excessive force to end their demonstrations against the project.

    The rally by more than 1,000 demonstrators took place in front of the JB Hotel in Hat Yai on Dec 20, 2002 a day before a cabinet meeting was to held at the venue. The clashes between police and the protesters, most of them from the site where the project was located, happened that night.

    The clashes injured a score of protesters, who had tken to the streets in Hat Yai district demanding the project in Chana district be scrapped due to concerns about its effects on their livelihoods and the environment. The project also included a gas-separation plant.

    About 60 people converged at the court in Muang district on Friday to hear the court's reading of the verdict, which took about an hour. Some held banners blasting the police who used force against the protesters more than a decade ago.

    Pol Col Surachai Suebsuk, one of the defendants, said he was relieved at the result, saying the court's decision reflected the facts at the rally site. He was an inspector at the time for Muang police station in Songkhla in charge of the police operation.

    The protesters outside the courthouse, however, felt differently and planned to appeal.

    Rattamanee Pholkla, a lawyer for them, and Banjong Nasae, a plaintiff, said after the verdict that they will take the case to a higher court, as they had a right to hold the rally and officers who injured the demonstrators and damaged their property should be held responsible.

    The sentence on Friday came after the Supreme Court in the province on Oct 21 dismissed riot charges against 32 defendants arising from their protest.

    bangkokpost.com
    http://thailandchatter.com/showthrea...ll=1#post45112

  • #2
    Background 2013

    Historic ruling against police action
    16 Jan 2013

    The Supreme Administrative Court on Wednesday ordered the Royal Thai Police Office (RTPO) to pay 24 people 100,000 baht in damages for using force to break up a protest against the Thai-Malaysian gas pipeline and gas seperation plant projects in Songkhla's Chana district in 2002.

    Twenty-four villagers filed a lawsuit with the Songkhla Administrative Court against the RTPO and the Interior Ministry demanding compensation for damages caused by excessive use of force to disperse the protesters in violation of their right to unarmed and peaceful rally under Section 40 of the 1997 constitution.

    The Songkhla Administrative Court accepted the case for consideration.

    The case was considered a precedent. It was the first to have been filed by local people against government authorities and agencies demanding compensation for damage for violation of the people's right to stage a peaceful and unarmed protest as permitted by the constitution.

    According to the lawsuit, the incident occurred on Dec 20, 2002 on Juti Anusorn road near J.B. Hotel in Hat Yai district when local residents demonstrated ahead of a plan to submit a petition to then prime minister Thaksin Shinawatra, who was scheduled to attend a mobile cabinet meeting at the hotel on Dec 21.

    The petition asked the government to reconsider the Thai-Malaysian gas pipeline and Thai-Malaysian gas separation plant projects.

    The police decided to use force to disperse the protesters, injuring many of them and damaging some of their cars. Some of the protesters were arrested.

    On June 1, 2006, the Songkhla Administrative Court ordered the RTPO to pay the 24 protesters 10,000 baht compensation in total.

    Both the RTPO and the protesters appealed to the Supreme Administrative Court.

    The Supreme Administrative Court today altered the lower court's verdict, ordering the RTPO to pay the protesters 100,000 baht in total plus 7.5% annual interest within 30 days.

    Suraida Tolee, a representative of the villagers opposed to the gas pipeline project, said she was glad the fight for the right under the constitution was fruitful.

    The Supreme Administrative Court's verdict clearly states that the police had infringed on the people's right, she said, adding that the money to be paid by the RTPO would go to a fund for the villagers' future activities.

    bangkokpost.com


    ......................................


    The video clip below, uploaded to YouTube by TheAttachmentally, shows police officers using force to break up a protest in Songkhla in 2002.




    ..................................


    Police found guilty of using excessive force
    Pongphon Sarnsamak
    January 17, 2013



    Court limits state's use of power, endorses community rights: lawyer

    Yesterday's ruling by the Supreme Administrative Court that protesters were subject to excessive force by police during an anti-pipeline demonstration in Songkhla in 2002 is expected to encourage more people to defend their rights, officials said.

    The court's final ruling was the first ever in Thailand endorsing a community's right to organise a peaceful demonstration to protect their local natural resources. The victory also sets a precedent that excessive violence against demonstrators by police and state agencies will not be tolerated, a lawyer for the protesters said.

    nationmultimedia.com


    .............................................


    Court rules in favour of pipeline protesters

    17 Jan 2013

    The Royal Thai Police (RTP) must pay compensation to 24 villagers for using force to break up their protest against the Thai-Malaysian gas pipeline in 2002, the Supreme Administrative Court has ruled.


    This was a scene from the chaotic protest against the southern pipeline in 2002, described by the Supreme Administrative Court as a case of violence by police against citizens.
    (File photo)

    The court's verdict, read Wednesday, brings an end to a 10-year legal battle waged by the villagers' group.

    The residents accused the police of using force to disperse the protest, which resulted in many injuries.

    The Songkhla Administrative Court read out the verdict yesterday.

    The police must pay the protesters 100,000 baht in total.

    The verdict upholds a 2006 ruling by the Administrative Court concerning the protest, which was held outside the JB Hat Yai Hotel.

    Police said the villagers were armed and blocked traffic, making the use of force necessary. The court ruled the gathering was peaceful.

    Although slingshots, lead balls, sharpened sticks and a few swords were found at the scene, the items could not be used to substantiate the police claim that the protesters were systematically armed to fight the authorities, it said.

    The court found no evidence to prove the villagers were "ordered" to prepare weapons to use in the protest.

    It also found the villagers had sharpened their flag poles to put up a fight only after the police began using force to disperse them.

    Swords were found only on a few villagers, which indicated they were not systematically armed.

    The court said the police did not follow proper procedures in dealing with protesters, which usually start with soft measures before escalating.

    Instead, the police used aggressive force to disperse the gathering, leading to damage and injuries.

    "We did not find the locals possessed dangerous weapons," the court said.

    "Nor was there any plan by the villagers to stir up riots.

    "It is obvious the dispersal was against the law.

    "The RTP must pay 100,000 baht to the 24 local people."

    Suraida Tohlee, 60, said she was happy with the verdict as it showed the residents' duty to protect their community's natural resources was protected by law.

    "I have suffered since the clash, especially from police harassment. My family chose to live for years in the forest for safety reasons.

    "I am glad to be able to follow the principle of saving a traditional way of life for our community," she said.

    Ms Suraida said many in her community are suffering health problems from inhaling toxic air pollutants from the gas power plant nearby.

    Sutaporn Malailoy, a coordinator of the Environmental Litigation and Advocacy for the Wants (EnLAW), said the agency is considering lodging a complaint with police against the gas power plant, which it regards as harming the health of local villagers.

    bangkokpost.com
    http://thailandchatter.com/showthrea...ll=1#post45112

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