Abhisit Vejjajiva, Suthep Thaugsuban

Former Thai Prime Minister Abhisit Vejjajiva, right, pictured with former Deputy Premier Suthep Thaugsuban in 2010. Pic: AP.

Thailand’s Criminal Court has dismissed murder charges against former Prime Minister Abhisit Vejjajiva and his then-Deputy pPM Suthep Thuagsuban for their roles in the violent crackdown on anti-government protesters in 2010. Over 90 people were killed and thousands injured (both protesters and security officers) when the military dispersed the red shirt protesters after weeks of rallies in central Bangkok. The protesters were calling for the resignation of Abhisit’s government and a new election.

The Criminal Court’s decision on Thursday seems to stem from a technicality:

The court said it did not have jurisdiction to hear the case because the two men held public office at the time of the protest.

“The court has no jurisdiction to consider the case because the two were a prime minister and deputy prime minister,” a judge said on Thursday. “The charges relate to political office holders. The criminal court therefore dismisses the charges.”

Thai court dismisses murder charges against former PM, deputy“, Reuters, August 28, 2014

The charge against Abhisit and Suthep was filed in late 2012 by police, prosecutors and the Department of Special Investigations (DSI) on the latter’s recommendation and followed a growing number of court rulings saying that protesters were killed by bullets fired by soldiers.

Suthep, who was in charge of national security and thus tasked with overseeing the security situation during the protests as director of the Centre for the Resolution of Emergency Situation (CRES), authorized security forces to disperse the protests back in 2010 (including the use of deadly force) and has since then repeatedly rejected any responsibility or blame for the deaths of the protesters. At one point he even suggetsed that they “ran into the bullets”. In late 2013, he quit Abhisit’s Democrat Party and became an unlikely protest leader against the government of former Prime Minister Yingluck Shinawatra (who the red shirts support).

The nearly half year of prolonged rallies and sabotaging created the political impasse the military used a pretext to carry out a coup on May 22 – Suthep claims this to be planned since 2010. Ever since the coup and a very brief detainment by the junta, Suthep has entered Buddhist monkhood and is essentially under political asylum.

Thursday’s dismissal means that any accountability on the army’s part is very unlikely, especially under the military junta. Its leader, army chief and Prime Minister General Prayuth Chan-ocha was deputy commander-in-chief during the 2010 crackdown and since becoming army chief a year later he has actively interfered in the DSI’s investigation:

On August 16, 2012, Prayuth told the Justice Ministry’s Department of Special Investigation to stop accusing soldiers of killing demonstrators during the government’s crackdown on the “Red Shirt” protest in 2010 and not to report publicly on the progress of its investigations. Prayuth has denied any army abuses during the violence in which at least 98 people died and more than 2,000 were injured, despite numerous accounts by witnesses and other evidence.

Prayuth is also using Thailand’s archaic criminal defamation law to deter public criticism, Human Rights Watch said. On August 17, Prayuth ordered an army legal officer to file a criminal defamation complaint against Robert Amsterdam, a lawyer representing the United Front for Democracy against Dictatorship (UDD) and exiled former Prime Minister Thaksin Shinawatra, and Amsterdam’s translator. At a UDD rally on May 19, Amsterdam gave a speech in which he alleged that the army committed brutality against demonstrators for which it should be held accountable.

Thailand: Army Chief Interfering in Investigations“, Human Rights Watch, August 23, 2012

The DSI chief Tharit Pengdit, who reportedly apologized to Prayuth for the accusations back then, was removed from his post shortly following the military coup.

While the main charge of premeditated murder has been dropped by the Criminal Court for now, it doesn’t mean the end of legal challenges for Abhisit and Suthep, as other avenues have already been explored:

Since a petition has also been filed against Mr Abhisit and Mr Suthep with the National Anti-Corruption Commission, which is responsible for handling criminal cases against politicians, the court also ruled that if the NACC finds the petition against them has sufficient grounds, the graft agency is duty-bound to forward the case to the Supreme Court’s Criminal Division for Holders of Political Posts for further consideration.

Abhisit, Suthep murder case rejected“, Bangkok Post, August 28, 2014

Given Thursday’s dismissal by the Criminal Court, the generally slow pace of the investigations and the current ruling military junta, it will be now even less than likely that anybody from the past Abhisit administration – let alone the army – be held accountable for the deaths during the 2010 protests, as prolonged impunity adds to the growing pile of reasons for the political conflict, no matter who is calling the shots right now.

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About the author:
Saksith Saiyasombut blogs about Thai politics and current affairs since 2010 and works as freelance foreign TV correspondent. Read his full bio on about.me/saksith.