Administrative Court revoking Department of Provincial Administration's order to refuse to register "Netiwit" As member of Amnesty's Board of Directors citing decision unlawfully made
20 February 2023
Amnesty International
On 17 February 2023, the Central Administrative Court ruled to annul the decision of the Minister of Interior dated 13 August 2019 to dismiss the appeal filed by the Amnesty International Thailand Association after the Director General of Department of Provincial Administration in his capacity as the Bangkok Registrar of Associations had refused to register Mr. Netiwit Chotiphatphaisal, a political activist, as a member of the AIT Association’s Board of Directors since the decision had been made unlawfully.
The AIT Association’s representatives have attended the hearing at the Central Administrative Court after the AIT Association had filed the case with the Administrative Court against the Bangkok Registrar of Associations (the Director General of the Department of Provincial Administration) who has excercise his discretion illegitimately in refusing to register Mr. Netiwit Chotiphatphaisal, a former political activist, as a member of the AIT Association’s Board of Directors and against the Minister of Interior. The case was filed in 2019.
In its ruling to annul the decision of the Minister of Interior, the Administrative Court cites the Constitution of the Kingdom of Thailand’s Section 29, second paragraph, according to which a suspect or defendant in a criminal case shall be presumed innocent, and before the passing of a final judgment convicting a person of having committed an offence, such person shall not be treated as a convict. In addition, Mr. Netiwit Chotiphatphaisal’s conduct has attested to his will to express his opinion and belief and he has yet been found guilty by the court of justice. Therefore, Mr. Netiwit’s conduct as cited by the Director General of Department of Provincial Administration cannot be described as making him unsuitable for implementing the object of the AIT Association.
The failure of the Director General of Department of Provincial Administration to register the change of membership in the Association’s Board of Directors in the case of Mr. Netiwit Chotiphatphaisal is therefore an unlawful restriction of fundamental rights of an individual prescribed in the Constitution. The decision was the exercise of discretion beyond that necessity to main public order and national security. Based on the aforementioned reasons, the decision by the Director General of Department of Provincial Administration has been based on unlawful discretion. Likewise, the decision by the Minister of Interior to dismiss the appeal based on the claim related to Mr. Netiwit Chotiphatphaisal’s multiple criminal charges was therefore made unlawfully.
Ms. Thitirat Thipsamritkul, Chairperson of Amnesty International Thailand reveals that Mr. Netiwit Chotiphatphaisal has been a member of the AIT Association since March 2012. When an announcement was made to recruit a new member to replace the outgoing one on AIT’s Board of Directors in 2018, Netiwit had applied as a member on youth affairs. From our initial vetting, he was found to be fully qualified. Nor were any reasons found which might otherwise have prevented him from being a member of the Board of Directors pursuant to the Association’s regulation. He was later elected by members who attended the annual regular meeting in 2018 as a member of the Board of Directors on 21 July 2018.
“As President of the Association, Plaintiff no. 1, and as a scholar who teaches and conducts research on human rights law, I am pleased that the Administrative Court has restored justice in this case. The Court reiterated that it is incumbent on public authorities to exercise their power and discretion strictly within the bounds of the law and commensurate to serving public interest, therefore an effort must be made to carefully avoid any infringement on fundamental rights and freedoms. The Court has decided to revoke the appeal decision of the Minister of Interior and order the Director General of Department of Provincial Administration to proceed to register the change of membership in the AIT Association pursuant to its application on 17 August 2018 in which Mr. Netiwit Chotiphatphaisal was appointed as a new member of the Board of Directors in compliance with the law.
The decision attests to an effort to stifle an exercise of state power which appears incompatible with the protection of people’s rights and freedoms enshrined in the Constitution. It ensures compliances with international human rights law which has been well recognised by Thailand. The decision in this case serves as major precedence to uphold freedom of association in Thailand.”
Background
The Amnesty International Thailand Association has filed the case with the Central Administrative Court accusing the Bangkok Registrar of Associations (the Director General of the Department of Provincial Administration) of exercising power unlawfully by refusing to register Mr. Netiwit Chotiphatphaisal as a member of its Board of Directors. It has also held the Minister of Interior accountable for negligence by making the decision on the appeal filed by the AIT Association later than the deadline prescribed by the Civil and Commercial Code’s Section 82, last paragraph. The case was filed on 16 October 2019.
Amnesty International began its operation in Thailand seriously from 1993 onwards, and was registered as the “Amnesty International Association” in 2002. It changed its name to the “Amnesty International Thailand Association” in 2012. Since then, it has been implementing activities to extensively raise the awareness and to advocate for the protection of human rights through collaborations with public and private sectors and other independent organizations. At present, Amnesty International Thailand has over 1,000 members.
For detail of the decision by the Central Administrative Court, please see:
