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Court Strips Govt Of Various Emergency Powers

An anti-government protester with homemade firearm takes cover on Ratchadamnoen Avenue during clashes with police, 18 February 2014

(19 February) The Civil Court has sided with anti-government protesters by effectively stripping the government of many powers provided by the emergency decree.

The case was filed to the court by Mr. Thaworn Senniam, a core leader of the People′s Committee for Absolute Democracy With the King As Head of State (PCAD), who argued that the State of Emergency enacted by the government of Prime Minister Yingluck Shinawatra violates the rights to free assembly guaranteed by the 2007 Constitution.
 
The filing named Ms. Yingluck and two commanders of the Centre for Maintaining Peace and Order (CMPO) – Mr. Chalerm Yoobamrung and Pol.Gen. Adul Saengsingkaew – as the defendants.
 
Under the emergency decree, the authorities can use broad power to contain the protests, such as arresting and detaining individuals without charge, sealing off areas, seizing buildings or properties, and censoring the media.
 
At 15.00 today the majority of the judges ruled that the government will not need to repeal the State of Emergency, but the verdict also prohibits the authorities from exercising many powers prescribed in the emergency decree.
 
According to the verdict, the security forces cannot launch a crackdown on anti-government protesters, seize any chemicals from the protesters, dismantle any barricades erected by the protesters, prevent individuals from entering any building at their own will, close down traffic, evacuate or seal off protest areas. 
 
Most notably, the authorities are also prohibited from banning political gathering – the crucial aspect of the emergency decree.
 
It should be noted that a minority of the judges (one-third of the panel) even went as far as recommending that the government repeal the State of Emergency altogether, on the ground that PCAD demonstrators have been "peacefully" exercising their rights under the Constitution "without any weapons".
 
The verdict came a day after deadly clashes erupted on Ratchadamnoen Avenue, where riot police attempted to disperse anti-government protesters who have been camping there for several weeks. 
 
The clashes saw some police officers exchanging gunfire with armed militants allied to the PCAD. Several explosives were also thrown from the PCAD position toward the police, witnesses said. At least four civilians and one policeman were killed in the violence, while more than 60 people were injured. 
 
The Civil Court′s verdict will likely anger many supporters of the government, who have long accused the judicial powers of conspiring with the protesters to oust Ms. Yingluck and her elected government. 
 
Meanwhile, Mr. Chavanond Intarakomalyasut, spokesman of the Democrat Party, posted on his Facebook account that Her Royal Highness Chulabhorn had granted a royally-blessed dirt to the Islamic funeral of Mr. Suphot Boonrong, a PCAD protester who was killed in the clashes yesterday. 
 

 

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'Satanist Murderer' Claims He Acts In Self-Defence

(19 February) A self-proclaimed Satanist worshiper claimed he killed a metal musician because the victim had insulted his belief in Satanism.

Mr. Prakarn ′San′ Harnphanbussakorn, 26, also said in a police press conference at the Bangkok Metropolitan Police headquarters today that he murdered the victim, Mr. Sam-Ong Traisattha, as an act of self-defence.
 
Police said Mr. Sam-Ong was a lead singer and bassist of the metal band "Surrender of Divinity" while Mr. Prakarn was described as a long-time fan of the band.
 
The wife of Mr. Sam-Ong, who was popularly known among the Thai metal community as his stage name ′Avajee′, alerted the police after he was found with stabbing wounds in his living room on 9 January. 
 
Mr. Sam-Ong′s wife told the police Mr. Prakarn was present at their residence shortly before the incident.
 
The crime took another twist when Mr. Prakarn allegedly admitted to killing Mr. Sam-Ong on his Facebook account, which was registered under the name "Maleficent Meditation".
 
In the Facebook post, Mr. Prakarn allegedly claimed that Mr. Sam-Ong had insulted him by defaming Satanism, which was the faith of the suspect. The posting also stated that Mr. Prakarn had stabbed the victim for more than 30 times "because he deserves it", and that he remained perfectly calm after the murder. 
 
The arrest warrant for Mr. Prakarn was soon issued. The suspect′s stepfather eventually contacted the police for his surrender on 18 February.
 
During the press conference, which was presided over by BMP chief Pol.Lt.Gen Khamronwit Thoopkrajang, Mr. Prakarn admitted that he had harboured a hatred toward Mr. Sam-Ong because he liked to mimic Satan and Satanist worshiper on the performance stage. 
 
The suspect said prior to the murder he paid visit to Mr. Sam-Ong′s residence, and both men drank some alcoholic beverage over conversation. The chat grew hostile after Mr. Sam-Ong allegedly expressed his disbelief in Satan and "insulted" the belief in Satanism, which greatly enraged Mr. Prakarn, a devoted Satanist. 
 
Mr. Prakarn told reporters he and Mr. Sam-Ong eventually got in a fight, and the deceased lunged a knife at him, so he had no choice but to stab Mr. Sam-Ong in self-defence. 
 
The suspect also denied posting on his Facebook after he fled the scene, adding that he had no time for social network when he was trying to elude the police. 
 
However, Mr. Sam-Ong′s wife and his other relatives who were present at the press conference were angered by Mr. Prakarn′s suggestion that the victim started the fight. Mr. Sam-Ong′s widowed wife shouted "Liar!" at the suspect, while the victim′s relatives attempted to mob him. 
 
The police immediately intervened by escorting Mr. Prakarn away from the press conference. The investigation is ongoing. 
 
 

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Kwanchai Assassination Suspects Surrendered To Police

Mr. Kwanchai Praipana receiving first aid in hospital after he was shot, 22 January 2014

(19 February) After several days of delay, the Royal Thai Army finally delivered suspects accused of shooting a Redshirts leader to the police.

Capt. Prachya Chanrordphai, Sgt. Chanon Tabthimthong, MSGT Mawin Yangbua, and MSGT Wirote Pimsingh are wanted by the police for their alleged roles in assassination attempt of Mr. Kwanchai Praipana, a core leader of the United Front of Democracy Against Dictatorship (UDD), in Udon Thani province last month.
 
Mr. Kwanchai was severely injured by the gunfire, but has since recovered in hospital.
 
All of the suspects are based in 9th Infantry Division in Kanchanaburi province. Although the police have requested the military to turn the soldiers in for prosecution since last week, the army has delayed the process for days, leading to speculation that the army would not cooperate with the police.
 
However, the army finally delivered the 4 suspects to police in Khonkaen province at approximately 20.30 last night. Over 30 police officers guarded the Region 4 Provincial Police lecture centre where the suspects were handed to the police by a number of army officers. 
 
A 6-car convoy escorted the 4 military officers to the centre, our correspondent added.
 
All suspects were fingerprinted, informed of their charges, and later interrogated for about 3 hours. They were later transported to a police unit in Udon Thani province for further interrogation.
 
A high-ranking police officer added that the police have also uncovered 3 AK-47 rifles believed to be used by the suspects during their assassination attempt. The officer claimed that the bullets retrieved from Mr. Kwanchai′s body matched the type fired from two of the confiscated rifles. 
 
 

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Phan Fa Clashes: Army Denies Firing At Police

A wounded police officer during clashes at Phan Fa Bridge, 18 February 2014

(19 February) The Royal Thai Army has denied allegation that some soldiers have aided anti-government protesters during their clashes with riot police in Bangkok yesterday.

At least four civilians and one policeman were killed in the violence near Phan Fa Bridge on Wednesday, which saw police officers exchanging gunfire with armed militants allied to anti-government protesters. 
 
Some pro-government supporters accused the army of supplying weapons or gunmen to the protesters, but Maj.Gen. Warah Bunyasidh said the allegation is complete baseless.
 
"I′d like to condemn these rumours on the social media," Maj.Gen. Warah said, calling the allegation an attempt to "sow conflict among civil servants".
 
The major general made the comment as he inspected a detachment of troops stationed near Phan Fa Bridge by the Royal Thai Army to maintain public safety. 
 
According to Maj.Gen. Warah, the army high command including Gen. Prayuth Chan-Ocha have instructed all soldiers to assist members of the public regardless of their political side. 
 
"The soldiers have performed their duty in the best way," Maj.Gen. Warah insisted, stressing that the army has never given orders to soldiers to fire at the police. 
 
As a measure to reinforce public safety in the area, Maj.Gen. Warah said he has ordered additional checkpoints and patrols to be established around protest campsite. He maintained that the soldiers would be able to respond rapidly to any incident and transport any wounded individuals to hospital in a timely manner.
 
The soldiers will not be armed, Maj.Gen. Warah added.
 
 

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BMA Executives Skip Work For Political Reasons

An anti-government protester confronts a group of riot police on Ratchadamnoen Avenue, 18 February 2014

(19 February) Deputy Governor of Bangkok and other high-ranking administrative officials said they would skip work until political tension subsides.

Ms. Tridao Aphaiwong, spokesperson of the Bangkok Metropolitan Administration, explained in a press conference today that the decision to file leaves was meant to demonstrate political stance of the BMA executives.
 
The officials who would submit the casual leave include Deputy Bangkok Governor, Chief Adviser to the Governor, Adviser to the Governor, and Assistant Secretary to the Governor, Ms. Tridao said, adding that their leave would be immediately effective today.  
 
According to Ms. Tridao, their leave of absence is intended to pay tribute to the loss of lives after the government launched crackdown against the People′s Committee for Absolute Democracy With the King As Head of State (PCAD) protesters on 18 February.
 
The crackdown claimed the lives of 4 civilians and 1 policeman. More than 65 people are reported injured. 
 
The officials argued that the rights to peaceful protest are protected by the Thai Constitution, while the excessive use of force is against the rule of laws, Ms. Tridao said. She noted that the violence also occurred in areas under BMA responsibility. 
 
The spokesperson said the BMA executives would resume work "once the political tension is eased". She did not specify when. 
 
However, the Bangkok Governor, Mr. Sukhumbhand Paripatra, would be working as usual. 
 
"In case of the Governor, in order to avoid allegation of misconducts, he would make a sacrifice by resuming his work as usual, but he would only work during the office hours," Ms. Tridao said, adding that the BMA will daily assess the situation to evaluate their further measures to prevent the loss of lives and restore the public safety. 
 
It is reported that the group of BMA executives have already met with the Bangkok Governor yesterday at Suan Phakkard Palace to inform about the leave. The Governor reportedly approved their leaves out of respect for the officials′ rights to exercise political opinion. 
 
Nevertheless, Mr. Sukhumbhand reportedly instructed the officials to assist the public as much as possible in every way. 

 

 

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Vehicles Spiked By Caltrops Near Govt Office

(19 February) Commuters on Chaeng Wattana Road have complained of mysterious caltrops laid on the road by unidentified individuals.

The small sharpened spikes were spread over a stretch of nearly 500 metres of the road near Muang Thong Thani Intersection – close to the entrance to the Office of Permanent Secretary of the Ministry of Defence where caretaker Prime Minister Yingluck Shinawatra and her Cabinet are using as temporary office.
 
Many vehicles are reportedly damaged by the caltrops, causing heavy traffic jam in the area. Military officers later removed the caltrops. It is not clear how many spikes were laid on the road. 
 
Witnesses said unidentified individuals arrived on motorcycle in the early morning and planted the caltrops in the area before fleeing the scene.
 
Hours later the protesters led by the People′s Committee for Absolute Democracy With the King As Head of State (PCAD) marched to the Office of Permanent Secretary to rally against the Prime Minister. 

 

 

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Arrested PCAD Leader Insists No Wrongdoing

(19 February) The police have arrested a core leader of the anti-government protest movements on charge of besieging state agency and damaging public properties.

Mr. Tinnakorn Onprathum, a prominent member of the People′s Committee for Absolute Democracy With the King As Head of State (PCAD), was apprehended at a police checkpoint at around 00.45 last night on Phaholyothin Road.
 
Police said Mr. Tinnakorn was riding on a Toyota pick-up truck with two companions. According to the suspect, he was returning to a PCAD rally stage at Makkawan Bridge on Ratchadamnoen Avenue after venturing out to buy food and medicine for his throat condition.
 
Pol.Maj. Chayut Marayart said Mr. Tinnakorn is wanted on charges of besieging a governmental office and damaging public properties, after he led PCAD protesters to block entrance to Department of Forestry on 12 February in which some protesters allegedly caused damages to the building. 
 
Mr. Tinnakorn′s relatives later arrived at the police station to apply for a bail release.
 
The activist claimed that he was not aware of any arrest warrant. Mr. Tinnakorn also admitted that he was the leader of PCAD demonstrators on 12 February, but denied any wrongdoing. 
 
He insisted that he was merely campaigning for the public servants to abandon their works and join the anti-government protests, which Mr. Tinnakorn says is completely legal under the democratic regime. 
 
 

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School In Protest Area Kept Open By Final Exam

A student from Satri Witthaya School reacts with fear as she was escorted by her guardian on Ratchadamnoen Avenue, 18 February 2014

(18 February) Despite its extreme proximity to Democracy Monument where anti-government protesters battled with riot police, Satri Wittaya School was open as normal today.

The reason: final exam.
 
According to Ms. Benyapha, director of Satri Wittaya School, the school administration was aware of the violence in the vicinity, but ruled out closing down of the school as it is the final exam season for Matthayom 6 students.
 
The students need to complete the exam in order to apply for universities of their choices by this academic year, Ms. Benyapha said. 
 
Although bullets and grenades were flying in the clashes near the school, "every student" managed to show up at the exam and accomplish their tests in accordance with the school schedule, Ms. Benyapha said.
 
For Matthayom 1-5 students, the school has arranged short class slots which allow them to leave for home by 13.35, the school director added.
 
The school will also open as usual tomorrow. However, Ms. Benyapha said, parents and students are advised to monitor the school website, http://www.satriwit.ac.th, just in case the school administration announces any change. 
 
Supporters of the People′s Committee for Absolute Democracy With the King As Head of State (PCAD) were engaged in armed skirmishes with riot police earlier today. The clashes left at least three civilians and one policeman dead, while 60 other people were reportedly injured. 
 
Other schools are not as resolute as Satri Wittaya, however. Director of Rajavinit Mathayom School, Mr. Boontham Pimpaphon, said he decided to shut down the school today due to the violence, but the school will open tomorrow. 
 
Nevertheless, if the situation worsens again, students and other personnel might be advised to stay home tomorrow, Mr. Boontham added.
 
Ms. Sumonrat Astarakul, Director of Benjamarajalai School, stated that the school has shortened each class down to 40 minutes in order to let the student leave at 13.40. Parents are also urged to pick up their daughters as soon as possible. 
 
The director told our correspondent that the school is reluctant to close, as it is the final exam season for every class. Since the protest has occurred for several times in the past months, Ms. Sumonrat believes that students and their parents have learned how to travel to the school safely.
 
However, students and parents are encouraged to check the school website; http://www.br.ac.th and its Facebook page to learn whether the school will be closed in the near future.
 
 

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NACC Summons PM Yingluck For Graft Allegation

(18 February) The anti-corruption body has summoned Prime Minister Yingluck Shinawatra to acknowledge the allegation of abuse of power and other misconducts by 27 February.

The National Anti-Corruption Commission has previously appointed a secondary commission to investigate the controversial rice-pledging scheme, and later ruled that sufficient witnesses and evidences point to corruption in the program. 
 
It is the latest blow to the embattled administration. On the same day, police failed to disperse anti-government protesters who have been occupying a number of roads in Bangkok in the bid to oust Ms. Yingluck.
 
The NACC stated that Ms. Yingluck, who chairs the National Rice Police Committee (NRPC), has been repeatedly warned of the potential corruption in every step of the scheme, yet she ignored the warnings and proceeded with the populist scheme.
 
According to the NACC, Ms. Yingluck has been informed about the unethical procedures in the mortgage scheme from the debate in the House of Representatives. She had also reportedly been aware that the programme eventually cost the state budget a losses of at least 200 billion baht, and that numerous farmers are not being paid in time.
 
An Office of the Auditor General of Thailand (OAG) had likewise submitted a letter to warn Ms. Yingluck to reconsider and suspend the programme, stating that there are several fraudulent actions in the scheme, the NACC said.
 
Therefore, the NACC argues, there are reasons to believe that Ms. Yingluck was given chances to terminate the programme yet she refused to do so, causing the NACC to accuse her of intentionally neglecting her duty as the head of administration which leads to damages to the public and corruption – an offence under Article 157 of the Thai Criminal Codes.
 
If Ms. Yingluck is found guilty of the charges, she could be deposed from her current position, as stated in Article 270 of the 2007 Constitution.
 
Mr. Wicha Mahakhun, member of the NACC, said it is unpredictable how long the investigation may take. He also denied the allegation that NACC and other independent agencies are conspiring to oust Ms. Yingluck.
 
The decision to dismiss Ms. Yingluck from her caretaker position as Prime Minister will be decided by the Senators. It should be noted that the term of elected Senators will expire in coming months, and the Senate will be occupied solely by appointed Senators who are mostly hostile to Ms. Yingluck. 
 
It is unclear – if Ms. Yingluck is found guilty – whether her dismissal will be decided after the next round of election and appointment of the Senate is completed. 

 

 

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One More Death Reported At Clashes Today

A group of police officers taking shelter after they came under attacks near Phan Fa Bridge, 18 February 2014

(18 February) Erawan Rescue Centre has confirmed one more death in the gunbattle between police and anti-government militants on Ratchadamnoen Avenue today.

The centre has previously stated that one policeman and two civilians were killed in the clashes, which erupted at around noon today and subsided in the late afternoon after the police force withdrew from the area.
 
The Erawan centre later released statement that an unidentified "Thai male" has also died, bringing to the official total death toll to 4.
 
The cause of his death is not immediately clear; the centre stated that he was found with "wounds" in his torso.
 
More than 60 people were also injured by the clashes, according to the centre, but it did not break down the number of civilians and police officers. 
 

 

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