Abhisit, Suthep may face murder charge

It is possible former prime minister Abhisit Vejjajiva and his former deputy Suthep Thaugsuban could be charged with murder in connection with the crackdown on red-shirt protesters in April and May 2010 as a consequence of a ruling by the Criminal Court, Department of Special Investigation (DSI) chief Tarit Pengit said on Monday.

The Criminal Court ruled on Monday that Phan Khamkong, a taxi driver from Yasothon, was shot and killed on May 15, 2010 by troops acting on orders issued by the Centre for the Resolution of Emergency Situations (CRES).

Mr Suthep was CRES director at the time.

Mr Tarit said the ruling would be a precedent for the courts to proceed with the 35 other cases involving deaths during the 2010 riots. All concerned should accept the ruling, he said.

The DSI chief said it was possible that Mr Abhisit and Mr Suthep could be charged with premeditated murder under articles 288 and 289 of the Criminal Code because they were ultimately responsible for ordering the military to quell the riots.

The soldiers who honestly performed their duty were entitled to protection by Article 70 of the Criminal Code.

There were two possible options, he said. One, they could be charged, but not prosecuted. Two, they could be prosecuted, but excluded as witnesses.

However, whether legal action would be taken against anyone and on what charges was still to be decided by the committee investigating the deaths of 91 people during the violence, Mr Tarit said.

The Criminal Court ruled on Monday that government forces were responsible for the death of taxi driver Phan.

Basing its decision on testimony from witnesses and examination of other evidence, the court found that Phan was hit by bullets fired by soldiers who were shooting at a van driven by Samorn Maithong near an airport rail link station on Ratchaprarop road. The troops were ordered to that position by the CRES.

It was concluded that the soldiers' gunfire killed Phan and wounded Mr Samorn.

The court ruled that Phan's death was caused by government troops.

The prosecution will now include the court ruling in its case report on its investigation of his death, which will be handed over to the DSI for further inquiries and possible action.

Share your thoughts

Discussion 1 : 18/09/2012 at 04:05 AM
Discussion 5 kasper : DSI had already given a signal to the public that AV and Suthep would be charged with murder in connection with the 2010 brutal crackdown. This is what's happening right now irrespective the pro-dem supporters like or dislike it.
Discussion 2 : 18/09/2012 at 03:34 AM
... now this sounds better. let's wait and see. Something really stinks at the top with the coup and the bloody crackdown. It's time the real truth came out. And all you clowns who keep banging on about Thaksin, he wasn't even in the country. Yes. something really stinks, and it's time the truth was reveled. from iPhone application.
Discussion 3 : 18/09/2012 at 12:35 AM
"The soldiers who honestly performed their duty were entitled to protection by Article 70 of the Criminal Code." Yes, it is true that the soldiers were fully legally protected from all human rights and war crimes violations during the crackdown. But shooting unarmed civilians was not 'their duty', and the claim that only blanks were used was not 'honest'.
Discussion 4 : 18/09/2012 at 12:05 AM
How many peoples deaths is Thaksin responsible for ? Oh ya we aren't supposed to talk about that .
Discussion 5 : 17/09/2012 at 11:53 PM
@android, d4. If AV and Suthep considered their situation "a nightmare", don't you think they would be in Dubai by now? :-D
Discussion 6 : 17/09/2012 at 10:41 PM
@android, d4. You are without comparison the most naive person posting on BP - a perfect red shirt. I know how you feel though. You want something to happen so bad, that you will believe anything that points towards it happening. Unless Thai law, in which I admit I am no expert, is wastly different from most western laws. There is simply no way a PM can be charged with murder because he orders the country's security forces to quell an armed and violent protest - no matter how they quell it. Even if it can be proven the security forces did shoot innocent/unarmed protesters, the PM cannot be charged with murder on their behalf, unless it can be proven that the PM specifically ordered the shooting of innocent/unarmed protesters. Imagine if this was not the case. Then any PM could risk facing the death penalty, whenever some of the thousands of police and soldiers under his control kill innocent/unarmed people, whether on purpose or by mistake. But keep up the wishful thinking. I just hope you won't be too disappointed when you eventually realise that they will not be charged with or convicted of murder.
Discussion 7 : 17/09/2012 at 08:57 PM
The nightmare for AV and Suthep begins.
Discussion 8 : 17/09/2012 at 08:02 PM
A murderer is someone who kills another person intentionally and than there are people giving the order to kill someone. Did the two people in charge (Abhisit and Suthep) give the order to kill or did they order the military to end a violent occupation of the city and stop the rioters from killing others and damage properties. What about all the people who actually killed someone including military personnel "who honestly performed their duty" and bystanders?
Discussion 9 : 17/09/2012 at 07:51 PM
I wouldn't take much notice of this story, it's just sensationalism at its peak.
Discussion 10 : 17/09/2012 at 07:49 PM
Section 70 of the Criminal Code appears to sanction the "Nuremberg Defense" in favor of the shooters. Thailand may lead the world with an illogical extension of vicarious liability for politicians. Now who was it that elected the then PM ? Let's extend the causal chain further!!!! from iPhone application.

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