The Criminal Court yesterday turned down a police request to issue arrest warrants against seven key members of the anti-Thaksin People's Alliance for Democracy (PAD) for allegedly conspiring to overthrow the government and breaking the law under Article 116 of the Criminal Code.

The court issued an order stating that the seven people, including Bangkok senator-elect Rosana Tositrakul, and PAD coordinator Suriyasai Katasila, were merely exercising their right to freedom of expression under Article 39 of the Constitution, and to hold a peaceful assembly, which was guaranteed by Article 44 of the 1997 charter.

"The speech [by those charged by the police] is first and foremost made to demand Pol Col Thaksin Shinawatra to resign [as prime minister] ... There appears to be no intention to overthrow the law of the land nor the government by using force or to cause havoc and unrest amongst citizens," the court order said.

The two presiding judges also stated that peaceful protest was a constitutional right that could not be denied, especially when considering that the country was not in a state of emergency or war when the protests took place earlier this year.

The order will likely have a positive impact on five other core PAD leaders who face the same allegations by the police, said Nitikorn Lamlhuea, a lawyer from the Law Society of Thailand who is representing both groups voluntarily and without payment, as a public service. "It will definitely have an [positive] impact especially on the issue of [the right to peaceful] protests," Nitikorn told The Nation after the court order was read.

Rosana, speaking for the six other accused PAD members praised the court order, saying it set a precedent for police investigators not to abuse their power to issue summons. All seven PAD members twice refused summons to report to the police, forcing the police to ask the court for arrest warrants earlier this week.

"[The court order] is setting a new precedent for [police] investigators, so that they may not use their power [to summon people] on a whim. The justice system [which the police is part of] must be free from political interference. [I will not go to the police] simply because they issue a summons letter and let my fingers be printed," Rosana said.

"Article 76 states that the government must promote people's participation [in politics and governance]. The police must look into the charter and not harass citizens."

The police, led by Maj-General Chatchawan Suksomjit, deputy commander of the Metropolitan Police, might now try to charge the seven with minor, non-criminal offences such as obstructing traffic, littering and using loudspeakers in public areas. However, Rosana and Nitikorn vowed to fight these charges as well, even though they merit only fines.

Nitikorn said their view was that the reason for the large assembly that obstructed traffic, caused littering and required loud speakers, was to hold a peaceful protest against Thaksin, who as premier is subject to public scrutiny.

Pravit Rojanaphruk

The Nation