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Announcement
Number 12/2008
Peoples Alliance for Democracy
Stance towards Governments Move to Disperse Rally
As Prime Minister Samak Sundaravej of the nominee government
had announced on NBT Channel on Saturday, May 31, 2008 at 9 a.m. that
he will act decisively in dispersing the gathering of the Peoples
Alliance for Democracy today, the PAD has an official stance as
follows:
1. The PAD insists the peoples gathering is carried out
according to the rights given by article 69 of the 2007 Constitution
and the participants are carrying out their duties as Thai citizens
according to article 70 in protecting the nation, religion, and the
Monarchy, as well as the Constitutional Monarchy system advocated by
this Constitution.
The PAD has always carried out its protest peacefully, without
violence, and without weapons as is a Constitutional right according
to article 63, which states individuals have the right to gather
peacefully and without weapons.
Limiting this right is not possible unless the government
invokes a specific law on public gathering and to protect the
convenience of the public, to ensure order in times of war, or while
the emergency decree or martial law is invoked.
Dispersing a gathering without a law or a situation to back it
up cannot be done, as is illustrated by the ruling in case number
51/2008 deliberated by the Songkhla Administrative Court, part of
which states:
Even if state officials have the authority to block a
gathering according to the law, it must be when the country is facing
war or when martial law is invoked. When the gathering was dispersed,
the country was not at war nor was martial law announced. Therefore,
the officials dispersing of the gathering goes against the publics
rights to gather peacefully as the Constitution upholds.
2. Since this peaceful, non-violent, and weapons-free gathering
of the public is according to their right under the Constitution, if
state officials use force to disperse the rally, it must be carried
out under authority granted by a law. If not, the PAD will not allow
force to be used to disperse the rally.
3. The PAD will allow police officers dressed in their full
uniform and regalia to operate within the rally without obstruction.
4. As there is no law to back the use of force by state
officials to disperse the rally, the PAD will not allow participants
to be hurt, its assets to be moved out of the rally ground or
destroyed, and will use their rights to protect their lives and assets
as they see fit.
5. If the government invokes the emergency decree or martial
law, the PAD asks that all participants remain calm and controlled.
6. If force is used to disperse the rally illegally, the PAD
calls on the public to join in the fight against this injustice and
continue the sacred mission of purging the nominee government. If the
PAD core leaders are arrested, representatives of the group will
continue the movement to carry out their objective in this fight.
With
deepest respect,
The Peoples Alliance for Democracy
May
31, 2008
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