Home

Civil Court dismisses Prachatai case against government block

Sun, 25/04/2010 - 05:41 | by prachatai

The Civil Court dismissed a case brought by Prachatai against the government within 5 hours of the complaint being filed, without examination of witnesses.

On 23 April, at 10 am, Chiranuch Premchaiporn, Director of the Prachatai website, filed a lawsuit with the Civil Court against Prime Minister Abhisit Vejjajiva, Deputy PM Suthep Thaugsuban, Minister of Information and Communications Technology Ranongrak Suwanchawee, the Ministry of Information and Communications Technology, and the Ministry of Finance, accusing them of violating constitutional rights and freedoms and demanding 350,000 baht in damages. She asked the court to issue an injunction against the government’s blocking of the Prachatai website.

Chiranuch was later told by court officials that an examination of witnesses would be held at 1.30 pm.  The witnesses included Chiranuch, Prachatai Editor Chuwat Rerksirisuk, Prachatai reader Sarinee Achawananthakul and media expert Assoc Prof Dr Ubonrat Siriyuwasak.

However, at about 5.30 pm, the court ruled to dismiss the case, without examination of the witnesses, saying the accused were authorized to act by the Emergency Decree.

Although Paragraph 4 of Section 45 of the Constitution guarantees the rights of free media, the PM and the Deputy PM were authorized by the Emergency Decree.  Paragraph 2 of the same Section of the Constitution forbids the banning or partial banning of news reportage by the media, unless authorized by specific national security laws, the court said.

Therefore, the action of the PM and the Deputy PM was lawful.  The ICT Minister Ranongrak Suwanchawee just followed the order of the Deputy PM to block the website.  So there was no violation of the plaintiff’s rights, and the plaintiff consequently could not demand damages from the MICT and the Ministry of Finance, the court said.

Prachatai website was among 36 websites which were ordered blocked by the government on 7 April.

According to Chiranuch’s complaint with the court, the government did not substantiate its decision to block the website with any reason or evidence which shows that the news reportage and comments on the website might affect national security.

The damages resulting from such an action of the government could not be assessed in terms of money, but in order to set a precedent to prevent government abuses in future, the plaintiff demanded 350,000 baht as compensation from the defendants.

Source: 

http://www.prachatai.net/journal/2010/04/29095

Tags:

Comments

#10900 - by john francis lee (visitor) () | Sun, 25/04/2010 - 06:28

However, at about 5.30 pm,

However, at about 5.30 pm, the court ruled to dismiss the case, without examination of the witnesses, saying the accused were authorized to act by the Emergency Decree.

This highlights what a fraud the military charter is. The 2007 constitution, from the Prachatai docs page :

Part 7 Freedom of Expression of Individual and the Press

Section 45. A person shall enjoy the liberty to express his opinion, make speech, write, print, publicise, and make expression by other means.

The restriction on liberty under paragraph one shall not be imposed except by virtue of the law specifically enacted for the purpose of maintaining the security of State, protecting the rights, liberties, dignity, reputation, family or privacy rights of other person, maintaining public order or good morals or preventing or halting the deterioration of the mind or health of the public.

The closure of a newspaper or other mass media business in deprivation of the liberty under this section shall not be made.
The prevention of a newspaper or other mass media from printing news or expressing their opinions, wholly or partly, or interference in any manner whatsoever in deprivation of the liberty under this section shall not be made
except by the provisions of the law enacted in accordance with the provisions of paragraph two.

The censorship by a competent official of news or articles before their publication in a newspaper or other mass media shall not be made except during the time when the country is in a state of war; provided that it must be made by virtue of the law enacted under the provisions of paragraph two.

The owner of a newspaper or other mass media business shall be a Thai national.

No grant of money or other properties shall be made by State as subsidies to private newspapers or other mass media.

The restriction on liberty shall not be imposed... unless we decide to do so.

#10902 - by john francis lee (visitor) () | Sun, 25/04/2010 - 06:34

Thai crisis shows perils of

Thai crisis shows perils of military constitution: Suu Kyi

Thailand's political crisis shows that a constitution drawn up by the military can never deliver stability, Myanmar opposition leader Aung San Suu Kyi said Saturday, according to her party.

Myanmar's military junta, which has ruled for nearly half a century, produced a new constitution as part of a "road map to democracy" which includes elections due to be held later this year.

The election plans have been widely criticised and subject to a boycott by Suu Kyi's party, the National League for Democracy (NLD), which would have had to expel its leader if it wanted to take part.

NLD spokesman Nyan Win said that in a meeting Saturday with Suu Kyi, she discussed the situation in Thailand, which has been wracked by crises since a 2006 coup ejected Prime Minister Thaksin Shinawatra.

"A new government coming to power under a constitution drawn up by the military will never be stable," he cited her as saying.

"We do not need to see very far. We just see Thailand," she said. "Thaksin was an elected person. The military seized the power from an elected person. The constitution was drawn up by the military," she said.

"After that, what happened with the first (government)? It was not stable," she said of the short-lived administration that followed the coup.

"This was a result of the constitution being written by the military."

Nyan Win said Suu Kyi was not giving an opinion on the rights and wrongs of the conflict in Thailand, where red-shirted campaigners largely loyal to Thaksin are calling for the ouster of Prime Minister Abhisit Vejjajiva.

Abhisit's army-backed administration was appointed in a parliamentary vote after a court ruling ousted Thaksin's allies.

The Reds are also calling for the restoration of a 1997 pro-democracy constitution which preceded the rise to power of Thaksin, who is now living in exile to avoid a jail sentence for corruption.

Abhisit came to power after a court arbitrarily "unelected" the parliament using provisions of the 2007 constitution applied retroactively.

#10905 - by Frank G Anderson (visitor) () | Sun, 25/04/2010 - 18:03

Thailand - spiraling down the

Thailand - spiraling down the whirlpool of repression, and seemingly enjoying the losses of freedom involved.

#10908 - by john francis lee (visitor) () | Sun, 25/04/2010 - 21:24

Latest from Bangkok Red

Latest from Bangkok

Red eagle, Tanyawut Taweerotemakul, the latest lese majeste prisoner and manager of UDD USA's site, has been beaten up in prison.

  • What has Tanyawut Taweerotemakul done to be imprisoned?
  • In what prison is Tanyawut Taweerotemakul?
  • Who has beaten Tanyawut Taweerotemakul?