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Thailand court denies injunction request against protesters

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] A Thai court on Monday dismissed the government's application for an injunction against protesters gathered in Bangkok's business district. The Internal Security Operations Command, under the direction of Prime Minister Abhisit Vejjajiva, applied for an injunction that would have ordered the protest organizers to lead the group out of the area after three days of protests. The court was also asked to ban rallies in 11 other areas, which, on Sunday, were declared by the government to be covered under the Internal Security Act (ISA), restricting protesters from entering. The court denied the request, stating that it was unnecessary given that the government already had the power to evict protesters under the ISA. The protesters, known as the red shirts, are supporters of former prime minister Thaksin Shinawatra, who was removed from power in 2006 following a coup. They converged on Bangkok's commercial hub on Saturday, demanding that the Election Commission (EC) agree to expedite a corruption case against the ruling Democrat Party. The party has been accused of receiving a 258 million baht (USD $8 million) donation in violation of a 10 million baht (USD $300,000) annual limit contained in the Thai Constitution. The Thai Cabinet approved the invocation of the ISA last month to allow for increased security measures in anticipation of large anti-government protests. The Cabinet later extended application of the ISA after protests continued beyond the original March 23 mandate. The law was designed to provide more power to security forces and allow for the movement of protesters to be restricted through the imposition of curfews, checkpoints, and restrictions on the size of gatherings, in the event demonstrations turn violent. In February, the Thai Constitutional Court seized 46.4 billion baht (USD $1.4 billion) in assets from Thaksin for abuses of power while in office. Thaksin has been convicted of corruption in Thailand, but Cambodia has refused to extradite him. Last April, Abhisit instituted a state of emergency in Bangkok and several provinces following an outbreak of protests calling for his resignation. He also canceled the summit of the Association of South-East Asian Nations leaders, which was being held in the country.

Full post as published by JURIST - The Paper Chase on April 05, 2010 (boomark / email).