{"id":1946,"date":"2019-10-16T15:58:00","date_gmt":"2019-10-16T08:58:00","guid":{"rendered":"https:\/\/www.amnesty.or.th\/en\/ai-thailand-taking-interior-ministry-to-court-for-refusing-to-register-netiwit-as-board-member\/"},"modified":"2024-11-04T17:23:40","modified_gmt":"2024-11-04T10:23:40","slug":"ai-thailand-taking-interior-ministry-to-court-for-refusing-to-register-netiwit-as-board-member","status":"publish","type":"post","link":"https:\/\/www.amnesty.or.th\/en\/news\/2019\/10\/ai-thailand-taking-interior-ministry-to-court-for-refusing-to-register-netiwit-as-board-member\/","title":{"rendered":"AI Thailand taking Interior Ministry to Court For refusing to register Netiwit as Board Member"},"content":{"rendered":"\n

Today 16 October 2019), representatives of Amnesty International Thailand have filed the case with the Central Administrative Court accusing the Bangkok Association Registrar (Director General of Department of Provincial Administration) of abusing his power by refusing to register Mr. Netiwit Chotiphatphaisal as AIT\u2019s Board Member. The Minister of Interior is also accused of negligence for giving an overdue reply to the appeal filed by AIT, a breach of the Civil and Commercial Code\u2019s Section 82, last paragraph.<\/p>\n\n\n\n

According to Piyanut Kotsan, Director of Amnesty International Thailand Mr. Netiwit Chotiphatphaisal has become a member of AIT since March 2012. As there was an opening for a replacement of an outgoing AIT board member in 2018, Netiwit has applied as a youth board member. He was duly vetted and found to be for qualified and possess no prohibitions for becoming a board member pursuant to AIT\u2019s Statute. He was later elected by the members attending the Annual General Meeting 2019 on 21 July 2018.<\/p>\n\n\n\n

Then, AIT filed a request to the Bangkok Association Registrar to have a replacement of board members and was informed that the Bangkok Association Registrar could not register and issue a permit for the registration of all new board members invoking Netiwit\u2019s improper demeanor or lack of qualification to be a member of an Association\u2019s Board. An appeal was filed as a result of which the authority accepted to register the three new board members save for Netiwit.<\/p>\n\n\n\n

AIT thus filed an appeal with the Minister of Interior furhishing and was further informed that Mr. Netiwit Chotiphatphaisal was being held criminally liable in four cases for \u201cbeing complicit in an act to defy the Head of the National Council for Peace and Order no. 3\/2558 on \u201cThe Maintenance of Public Order and National Security\u2019s Article 12\u201d. 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 therefore not qualified to sit as a board member of the association since it may affect public order and national security.<\/p>\n\n\n\n

\"\"<\/div><\/figure>\n\n\n

\u201cIn the view of AIT\u2019s Board, the Bangkok Association Registrar (Director General of Department of Provincial Administration) has unlawfully exercised his discretionary power and abused his office as well as acted in breach to the Constitution of the Kingdom of Thailand 2017\u2019s Section 29, second paragraph which provides that \u201cA 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 <\/span>treated as a convict.\u201c As to the four criminal cases related to the violation of the Head of the NCPO no. 3\/2558\u2019s Article 12, two of them have already been dismissed by the Court. Meanwhile, the Head of the National Council for Peace and Order no. 3\/2558 on \u201cThe Maintenance of Public Order and National Security\u2019s Article 12\u201d has also been repealed. The authorities can no longer invoke the law to prosecute Netiwit and the Court can likewise not convict him. That the Registrar cited the criminal charges against Mr. Netiwit Chotiphatphaisal as a reason to deny his registration as an AIT\u2019s board member is therefore a misuse of discretion and the abuse of office. Doing so is also a breach to the objective of AIT which strives to protect human rights.\u201d<\/span><\/em><\/p>\n<\/blockquote>\n\n\n

Background<\/strong><\/p>\n\n\n\n

Amnesty International has formally started its operation in Thailand since 1993 and got registered as \u201cAmnesty International Association\u201d since 2002. It was later renamed \u201cAmnesty International Thailand Association\u201d in 2012. We have been undertaking activities to extensively raise the public awareness about and advocate for the protection of human rights based on collaboration with public and private agencies as well as independent organizations. As of now, Amnesty International Thailand has more than 1,000 members.<\/p>\n\n\n\n

Amnesty International is the 1977 Novel Peace Prize laureate.<\/p>\n\n\n\n

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Today 16 October 2019), representatives of Amnesty International Thailand have filed the case with the Central Administrative Court accusing the Bangkok Association Registrar (Director General of Department of Provincial Administration) of abusing his power by refusing to register Mr. Netiwit Chotiphatphaisal as AIT\u2019s Board Member. The Minister of Interior is also accused of negligence for […]<\/p>\n","protected":false},"featured_media":1947,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_yoast_wpseo_meta-robots-noindex":"","_yoast_wpseo_meta-robots-nofollow":"","_yoast_wpseo_canonical":"","_yoast_wpseo_opengraph-title":"","_yoast_wpseo_opengraph-description":"","_yoast_wpseo_opengraph-image":"","_yoast_wpseo_opengraph-image-id":0,"_yoast_wpseo_twitter-title":"","_yoast_wpseo_twitter-description":"","_yoast_wpseo_twitter-image":"","_yoast_wpseo_twitter-image-id":0,"_hero_title":"","_hero_content":"","_hero_cta_text":"","_hero_cta_link":"","_hero_alignment":"","_hero_background":"","_hero_size":"","_hero_show":"","_hero_type":"","_hero_embed":"","_hero_video_id":0,"_hero_hide_image_caption":true,"_hero_hide_image_copyright":false,"_nav_style":"","_disable_share_icons":false,"_disable_sidebar":false,"_display_author_info":false,"_hide_featured_image":false,"_hide_featured_image_caption":true,"_maximize_post_content":false,"_reduce_content_width":false,"_sidebar_id":0,"_stretch_thumbnail":false,"byline_context":"","byline_entity":"","byline_is_author":false,"disable_related_content":false,"download_id":0,"download_text":"","show_published_date":true,"show_updated_date":true,"term_slider":"","amnesty_index_number":"","recipients":"","recipients_refresh":"","recipients_refreshed":"","amnesty_umbraco_data":"","document_ref":"","amnesty_updated":"","footnotes":""},"category":[1585],"location":[1587],"resourceType":[],"topic":[],"class_list":["post-1946","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","location-thailand"],"datePosted":"October 16, 2019","mlpRelationships":{"1":1975,"2":1946},"_links":{"self":[{"href":"https:\/\/www.amnesty.or.th\/en\/wp-json\/wp\/v2\/posts\/1946","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.amnesty.or.th\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.amnesty.or.th\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.amnesty.or.th\/en\/wp-json\/wp\/v2\/users\/14"}],"replies":[{"embeddable":true,"href":"https:\/\/www.amnesty.or.th\/en\/wp-json\/wp\/v2\/comments?post=1946"}],"version-history":[{"count":0,"href":"https:\/\/www.amnesty.or.th\/en\/wp-json\/wp\/v2\/posts\/1946\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.amnesty.or.th\/en\/wp-json\/wp\/v2\/media\/1947"}],"wp:attachment":[{"href":"https:\/\/www.amnesty.or.th\/en\/wp-json\/wp\/v2\/media?parent=1946"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.amnesty.or.th\/en\/wp-json\/wp\/v2\/category?post=1946"},{"taxonomy":"location","embeddable":true,"href":"https:\/\/www.amnesty.or.th\/en\/wp-json\/wp\/v2\/location?post=1946"},{"taxonomy":"resource-type","embeddable":true,"href":"https:\/\/www.amnesty.or.th\/en\/wp-json\/wp\/v2\/resourceType?post=1946"},{"taxonomy":"topic","embeddable":true,"href":"https:\/\/www.amnesty.or.th\/en\/wp-json\/wp\/v2\/topic?post=1946"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}