Thailand: Stop using force to crack down on APEC protests

Responding to use of force by the Thai crowd control police to suppress the protests led by the Ratsadon Stops APEC 2022 on Dinso Road on 18 November, which has led to at least nine injuries among the participants and four reporters and 25 participants were arrested and taken to the Thung Song Hong Police Station, which was not the police station of jurisdiction, and the police stated that at least five crowd control police officers got injured;

Piyanut Kotsan, Amnesty International Thailand’s Director, said that: “The action today from the police is in no way close to international standards as repeatedly claimed by them. Instead of facilitating the organization of the public assembly, they have opted to crack down on it violently using forces that aimed at instigating the clashes and the arrests of the participants. It was a violation of the right to freedom of expression and freedom of peaceful assembly to silence the dissenters.

“Most of the protesters were not engaged in any unlawful or violent behavior, but they have suffered physical and mental injuries at the hand of the police. Some of them got injured from being fired at with teargas. Some reporters got injured from being hit with batons. They were accused of obstructing the performance of the duties even though they wore the armband indicating themselves as the press and have identified themselves so to the police. All of this happened as they dared to exercise their right to freedom of expression and freedom of peaceful assembly.”

“All charges must be dropped and the protesters must be released immediately and unconditionally. As to the crowd control, the Thai authorities must respect, protect and guarantee the exercise of human rights of the organizers and the participants. Measures must be put in place to respond and prevent any risk without resorting to the use of violence. They have to ensure safety and security of the press, protest monitors, and members of the public who observe the public assembly.”

“We urge Thailand to act in compliance with their international obligations and facilitate the exercise of the right to peaceful assembly. The Thai authorities must let peaceful protesters express their views and avoid any act that may escalate the situation.”  

According to international human rights law and standards on the use of force for crowd control, it is incumbent on the law enforcement officials to try to preempt and isolate the persons who may perpetrates violence while not impeding the rest of the crowd who may still want to continue protesting peacefully. The use of force must be the last resort for the police and only when it is most necessary so. It must be used as necessary to enable them to perform their duties and to end the use of violence. Such use of force must be restricted to serving the aim of minimizing injuries and protecting the right to life. 

Background

The “Ratsadon Stops APEC 2022” protest has been held in parallel with the APEC meeting from 16 to 18 November 2022. Their three demands include (1) the cancellation of the BCG policy, (2) the suspension of Prayut’s role as Chairperson of the APEC meeting due to his lack of legitimacy, and (3) a House dissolution to pave the way for the elections. The protesters announced the plan to march from the City Hall Plaza to the Queen Sirikit National Convention Center (QSNCC) on 18 November 2022 to submit their demands to international delegations attending the meeting. 

On 18 November 2022, around 9.00am, while the protesters were starting to march from the City Hall Plaza on Dinso Road, the crowd control police pulled over vehicles and installed fences to block the road. They asked the protesters to terminate their assembly and proceed to put at least 25 individuals under arrest. They were then taken to the Thung Song Hong Police Station which is not the police station of jurisdiction. 

The police then proceeded to crack down on the public assembly violently causing at least nine injuries including four reporters. One reporter who wore ‘press’ armbands and identified himself as the press was hit in his head with baton and got injured according to a press statement by The Matter. Another reporter of was arrested and held in custody at the Thung Song Hong Police Station according to the press statement by The Isaan Record.

One participant got injured as he was shot with rubber bullets in his eye socket. This might cause him the loss of vision. 

Previously on 11 November 2022, the Prime Minister issued a Notification to designate 20 venues and roads including the Queen Sirikit National Convention Center (QSNCC) as places pursuant to Section 8(5) of the Public Assembly Act B.E. 2558 which states that a public assembly shall not obstruct gateway of, impede the performance of duties of, or hinder access to service of the venues. 

The law requires that the organizers have to seek permission to hold a public assembly at least 24 hours in advance. This is an excessive restriction on the right to peaceful public assembly and is not compatible with international human rights law.

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