Announcement Number 12/2008
People’s Alliance for Democracy
Stance towards Government’s 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 People’s Alliance for Democracy today, the PAD has an official stance as follows:
1. The PAD insists the people’s 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 public’s 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 People’s Alliance for Democracy
May 31, 2008
PAD Announcement Number 11/2008 : Purge of Thaksin Regime and the Nominee Government
