The Democrat Party's legal team has resolved to next week file a criminal suit against Department of Special Investigation chief Tarit Pengdit and three DSI investigators for having filed false murder charges against former prime minister Abhisit Vejjajiva and his former deputy Suthep Thaugsuban in their handling of the red-shirt protests in 2010.
Thavorn Senneam, an adviser of the legal team, said a lawsuit would be filed by Mr Abhisit and Mr Suthep, as the first and second plaintiffs, with the Criminal Court next week alleging violation of Articles 157, 200 and 209 of the Criminal Code.
A petition would not be filed with the National Anti-Corruption Commission (NACC) because the Democrats wanted the court to quickly consider and rule on the case, he said.
The DSI has filed charges with the Office of the Attorney General accusing Mr Abhisit and Mr Suthep of premeditated murder in the death of Phan Khamkong, a taxi driver, after the Criminal Court ruled that he was hit by bullets fired by soldiers on duty during a clash with United Front for Democracy against Dictatorship (UDD) protesters in April-May 2010.
Mr Thavorn said Article 17 of the executive decree for administration in emergency situations, or the emergency law, provides protection for those in authority who perform their duty on orders from their superiors to maintain law and order in the country.
The orders were issued after the court twice ruled that the protests by the red-shirts were illegal and involved use of weapons, causing death to some state officials.
To maintain law and order, the then-government was empowered to order the security forces take action under the emergency decree, he said.
Mr Abhisit was prime minister at the time and Mr Suthep his deputy in charge of security affairs.