An explanation about the case that the Bangkok Association Registrar (Director General of Department of Provincial Administration) has refused to allow Mr. Netiwit Chotiphatphaisal to sit as a board member of Amnesty International Thailand

20 September 2019

Amnesty International Thailand

25 September 2019
 

                The Bangkok Association Registrar (Director General of Department of Provincial Administration) has officially refused to allow Mr. Netiwit Chotiphatphaisal to sit as a board member of Amnesty International Thailand citing his improper demeanor or the lack of qualification to be a member of an Association’s Board. AITH has this to explain; 

 

1. Mr. Netiwit Chotiphatphaisal has become a member of AITH pursuant to its Statute ‘s Chapter 3 on “Membership” since March 2012. 

 

2. On 5 April 2019, AITH invited members of the public to apply for board memberships to replace the outgoing board members and Mr. Netiwit Chotiphatphaisal has applied as a youth board member. Our initial review confirmed he was qualified and did not have forbidden qualifications against being a board member pursuant to the Statute’s Article 15 (1). AITHtherefore certified that Mr. Netiwit Chotiphatphaisal was fit to be a board member of AITH per the quota given to youth.

 

3. On 21 July 2019, in an annual meeting of 2018, Mr. Netiwit Chotiphatphaisal was elected as an AITH board member per the quota given to youth.

 

4. On 17 August 2018, AITH filed a request with the Bangkok Association Registrar to have a replacement of board members, per the request no. 49/2018.

 

5. On 26 November 2018, the Chatuchak District Office sent us a letter no. KT 6501/7405 dated 26 November 2018 informing us that the Bangkok Association Registrar could not register and permitted the  registration of all new board members including Mr. Netiwit Chotiphatphaisal citing their improper demeanor or the lack of qualification to be a member of an Association’s Board. The attempt to register three other board members was also denied, albeit no reasons were given as to why they were disqualified. An appeal letter has since been filed, as a result of which the Bangkok Association Registrar has accepted to register other board members on 23 May 2019.

 

6. On 12 December 2018, AIT has again appealed the order to deny the registration of Mr. Netiwit Chotiphatphaisal as a board member. This time, the appeal was filed with the Minister of Interior. 

 

7. The Department of Provincial Administration sent us a letter no, MT 0307.5/12277 dated 16 May 2019 to further explain that they have received information from the Police Special Branch, a central intelligence unit of the government, that Mr. Netiwit Chotiphatphaisal was being heled criminally liable in four cases for “being complicit in an act to defy the Head of the National Council for Peace and Order no. 3/2558 on “The Maintenance of Public Order and National Security’s Article 12”.  The authority therefore deemed the demeanor of Mr.  Netiwit Chotiphatphaisal was not fit for the administration of a good association that serves public interest and to set an example for general public and youth. It was deemed his behavior was improper and he was therefor not qualified to sit as a board member of the association since it may affect public order and national security. 

 

8. On 28 May 2019, AITH has sent a letter to the Bangkok Association Registrar to assert that Mr. Netiwit Chotiphatphaisal was qualified and did not have forbidden qualifications against being a board member. We urged that they considered registering Mr. Netiwit Chotiphatphaisal as AITH’s board member as soon as possible.   

 

9. On  3 April  2019, AITH has sent a letter to the Minister of Interior asking to know the outcome of the appeal  since at that time, the Minister of Interior had failed to give us a response within 90 days as required by the Civil and Commercial Code’s Section 82, last paragraph. 

 

10.On  25 September 2019, AITH was informed of the result of the appeal by the Minister of Interior (per the letter from DOPA no. MT 0307.5/25503 dated 23 September 2019).

 

AITH would like to inform all of you that after meetings, the AITH board deems the Bangkok Association Registrar (DOPA’s Director General) has used his discretion unlawfully and has abused his office, the act of which is a breach to the Constitution of the Kingdom of Thailand  2017’s Section 29, second paragraph which provides that “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.“ Coupled with the facts that the inquiry officials have pressed four legal cases concerning “the violation of the Head of the National Council for Peace and Order no. 3/2558 on “The Maintenance of Public Order and National Security’s Article 12”, of which two cases have already been dismissed by the Court. The Head of the National Council for Peace and Order no. 3/2558 on “The Maintenance of Public Order and National Security’s Article 12” has also been repealed by the Head of the National Council for Peace and Order no. 22/2018’s Article 1(7). It has therefore rendered the criminal cases pressed against Mr. Netiwit Chotiphatphaisal non-prosecutable and the Court therefore cannot convict and imposes any sentence on him per the charges, according to the Penal Code’s Section 2. That the Registrar cited the criminal charges against Mr. Netiwit Chotiphatphaisal as a reason to deny his registration as an AIT’s board member is therefore a misuse of discretion and the abuse of office. Doing so is also a breach to the objective of AITH which strives to protect human rights. 


Therefore, it has been agreed that a legal case will be filed with the Central Administrative Court against the Bangkok Association Registrar (DOPA’s Director General) who is alleged to have acted outside the bound of the law by refusing to institute Mr. Netiwit Chotiphatphaisal as an AITH’s board member. In addition, the Minister of Interior is sued for negligence as a result of his overdue response to the appeal filed by AITH. The response from the Minister was made beyond the duration specified in the Civil and Commercial Code’s Section 82, last paragraph.

 

It is expected that the case will be filed with the Central Administrative Court early October 2019. We will keep you updated. 

 

 

 

Sincerely Yours, 

Apichat Pongsawat

Chairperson of Board

Amnesty International Thailand