Crackdown trio cleared by graft body

Crackdown trio cleared by graft body

NACC backs dropping malfeasance charge

Then-Prime Minister Abhisit Vejjajiva (left) and army chief Gen Anupong Paojinda appeared together on April 25, 2010, in a
Then-Prime Minister Abhisit Vejjajiva (left) and army chief Gen Anupong Paojinda appeared together on April 25, 2010, in a "United We Stand" TV broadcast as street battles raged. The two and then-security minister Suthep Thaugsuban have been cleared of responsibility for the deaths in the street battles. (Main photo by Surapol Promsaka na Sakolnakorn; Inset photo by AFP)

The National Anti-Corruption Commission (NACC) has decided to clear former prime minister Abhisit Vejjajiva, his then deputy Suthep Thaugsuban and former army chief Anupong Paojinda of malfeasance in the deadly crackdown on red-shirt protesters in 2010.

NACC secretary-general Sansern Poljiak announced the resolution after the anti-graft agency's meeting Tuesday. 

The case was based on a petition filed to the NACC, calling for the impeachment of the trio for abuse of power when they ordered military and police officers as well as civil servants to disperse United Front for Democracy against Dictatorship (UDD) demonstrators between April 10-May 19, 2010, resulting in multiple deaths and injuries. 

Speaking about the NACC investigation, Mr Sansern said armed military officers carried out an operation to reclaim the locations that were occupied by the red-shirt demonstrators during a period when the emergency decree was in force. 

The court earlier ruled that the red-shirt demonstrations were not peaceful as required under the constitution, while armed elements also mingled with protesters.

The Centre for the Resolution of the Emergency Situation (CRES) was therefore required to launch measures to reclaim areas from the protesters to restore order. 

An order was made that armed officers could use their weapons when necessary to prevent dangerous situations, deal with confrontational circumstances or to protect themselves. 

Mr Sansern said although armed officers can use their weapons to protect themselves, they must still conform to international practices and be prudent and only use firearms when necessary. 

Although it is burdensome for officers to apply such practices, they cannot avoid their responsibilities, he said. 

The superiors in the area must be held accountable if there is proof that they did not try to prevent their subordinates from inappropriately using firearms, he added. 

Soldiers walk past the body of a protester shot dead on the final day of the military-led crackdown, May 19, 2010. (AFP photo)

According to Mr Sansern, the Department of Special Investigation (DSI) took on the crackdown as a special case and the NACC decided to ask the DSI to investigate military officers who caused deaths and injuries as well as their superiors.

As for the allegation against Mr Abhisit, Mr Suthep and Gen Anupong for failing to stop, adjust or change methods in the use of force to deal with demonstrators after the deadly crackdown on April 10, Mr Sansern said CRES later revised its operation method by avoiding the use of force to push away demonstrators, setting up checkpoints to shepherd protesters away from the rally site instead. 

On May 19, 2010, officers used force to reclaim the areas around Lumpini Park and to put pressure on the remaining armed elements there, he said.

The operation on that day was staged in steps starting with announcements urging protesters to leave the site before officers moved in, he added. 

Accordingly, there are no grounds to accuse the trio of malfeasance, Mr Sansern said.

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