For immediate release on 21 March 2016
Public Statement
Lawyers Society of Thailand urged to preserve its independence as a professional association
The National Council for Peace and Order (NCPO) by Gen. Chalermchai Sitthisat, Deputy Chief of Staff of the NCPO, acting on behalf of the Chief of Staff, issued a most urgent letter dated 16 March 2016 addressed to the director in charge of the election of the President and board members of the Lawyers Council of Thailand (LCT) asking for the suspension of the election of the LCT’s new President and board members, which is slated to take place on 24 April 2016. In the letter, it claims that since the election of the LCT’s President and board members involves a large number of members and there would be election booths set up in each of the provinces based on the court jurisdictions, such practice might contravene the NCPO Announcement no.7/2557 (banning political gathering) which is applicable to all groups, in order to maintain public order of the nation during the transitional period similar to (the suspension of election of) local administration organizations per the NCPO Announcement no. 85/2557. In addition, the NCPO decreed that the board members of the LCT whose terms have already expired are to perform their duties provisionally while the new election is not forthcoming per Section 22 of the 1985 Lawyers Act.
The undersigning human rights organizations, lawyers, attorneys, and social activists have the following opinions to share regarding the incidence;
- Freedom of expression and public assembly is key for lawyers to perform their duties professionally. Article 24 of the UN Basic Principles on the Role of Lawyers provides that “Lawyers shall be entitled to form and join self-governing professional associations to represent their interests, promote their continuing education and training and protect their professional integrity. The executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference.” The principle ensures independence of a lawyer to perform their duties and is likewise significant for the upholding of rights and freedom of people in general and the rule of law. Therefore, that the NCPO instructed by letter for the suspension of the election of the LCT’s board members is considered an interference of a professional association, it effectively bestowed on the state the power to control a professional association of lawyers making it a prerequisite for them to seek prior permission from the government before undertaking any initiatives. This will impede the ability of the lawyers to perform their duties independently and will similarly affect the right to justice process of people in general.
- The claim that the election of the LCT’s President and board members involves a large number of members and that the setup of election booths in each of the provinces based on the court jurisdictions is a political gathering, and, therefore, is contrary to the NCPO Announcement no.7/2557, is an excessively board and arbitrary interpretation of the Announcement. In addition, since no legal ground has been given to support the order to have the election suspended, such an order is a breach to the 1985 Lawyers Act and is an infringement on the right to freedom of association by the LCT and the democratic rule which places an importance on self-determination and accountability to its members. It will also affect the competition and development of the profession to improve legal services.
The undersigning human rights organizations, lawyers, attorneys, and social activists have the following demands to make;
- The NCPO must stop interfering with the independence of lawyers to perform their duties professionally by having the order rescinded immediately since lawyers are instrumental in enabling people to attain their legal rights.
- The LCT must uphold its independence as a professional association by protecting itself against an unlawful interference and must proceed with the election according to the schedule. The suspension of the election as ordered by the National Council for Peace and Order (NCPO) is not only an unreasonable act, but also lacks any legal justification. Therefore, by executing an unlawful order, by suspending the procedure per the 1985 Lawyers Act and by allowing the existing board members to be acting board members indefinitely, the Lawyers Council of Thailand (LCT) can be held accountable for performing its duties in breach of the spirit of an association of lawyers and for its unlawful act.
- The Lawyers Council of Thailand (LCT) must stop acting in a manner that paves the way for the interference of illegitimate power and is obliged to act in brevity to stand for and uphold the independence of a professional association to ensure that lawyers can perform their professional duties fully, without intimidation or facing legal action.
To ensure that the LCT can perform its duties to ensure that lawyers can perform their duties professionally and independently to promote people’s right to justice process, all lawyer members and general public must advocate the organizing of the election of the LCT as previously announced.
With respect in people’s rights and freedom and human dignity
- Human Rights Lawyers Association (HRLA)
- ENLAWTHAI Foundation
- Cross Cultural Foundation (CrCF)
- Union for Civil Liberties (UCL)
- Mr. Pairoj Phonphet, Lawyer
- Mr. Anucha Wuntachai, Human Rights Activist
- Mr. Kritsada Khunnarong, Attorney
- Mr.Panom Butakiew, Attorney
- Mr. Anon Nampa, Attorney
- Ms.Yaowalak Anupun, Attorney
- Ms.Sor Rattamanee Polkla, Attorney
- Mr. Chanwit Aramrit, Attorney
- Ms.Koreeyor Manusare, Attorney
- Ms.Pradittha Pariyakaewfah, Attorney
- Ms.Paranda Pankaew, Attorney
- Ms.Waraporn Utairungsee, Attorney
- Ms.Koomklao Songsomboon, Attorney
- Ms.Sasinun Thammanitinun, Attorney
- Ms.Phattranit Yaodum, Attorney
- Mr.Sutthikiew Thammadul, Attorney
- Ms.Poonsuk Poonsukjarern, Attorney
- Mr.Sarawut Pratumraj, Attorney
- Mr. Montree Achariyasakulchai , Attorney
- Mr. Bandit Homket, Lawyer
- Ms.Jirarat Mulsiri, Attorney
- Ms.Natshatthayakron Gunthana, Attorney
- Mrs. Amporn Sungthong, Attorney
- Ms.La-ongdow Nonponkrang, Lawyer
- Mr.Chulasak Kaewkan, Lawyer
- Mr.Weerawat Oboh, Attorney
- Ms.Somsakul Sreemeteekul, Attorney
- Mr.Surachai Trongngam, Attorney
- Mr.Amarin Saichan, Attorney
- Ms.Darunee Paisarnpanichsakul, Lawyer
- Mr.Laofang Bunditterdsakul, Attorney
- Ms.Pornpen Khongkachonkiet, Human Rights Activist
- Ms.Ubonwan Boonrattanasamai, Lawyer
- Mr.Pairat Supakka, Attorney
- Ms.Chansa Supanmuang, Attorney
- Ms.Supunsa Marhem, Attorney
- Ms.Montana Duangprapa, Attorney
- Ms.Karnjana Akkrachard, Lawyer
- Ms.Pakamas Kamcham, Human Rights Activist
- Mr.Yingcheep Atchanont, Attorney
- Ms.Pawinee Chumsri, Attorney
- Mr. Thanarat Mangkud, Lawyer
- Mr.Jatupat Bunpatraksar
- Ms.Siwaporn Fordsoongnern
- Ms.Sunida piyakunpanit, Lawyer
- Mrs.Natthasiri Berkman, Attorney
- Mr.Sumitchai Hathasarn, Attorney
- Mr.Atiwat Sengkuy, Lawyer
- Ms.Kunanya Songsamuth, Attorney
- Ms.Issiyaporn intapun, Lawyer
- Ms.Nuengruetai Kochasarn, Lawyer
- Mr.Thitirat Soisuwun, Lawyer
- Ms.Maseetoh Munloh, Lawyer
- Mr.Sangchai Rattanasareewong, Attorney
- Mr.Teerapun Punkiri, Attorney
- Mr.Sophon Hnoorats, Attorney
- Ms.Chalermsri Prasertsri, Lawyer
- Ms.Natwadee Tengpanichsakul, Lawyer
- Mr.Warut Boontharik, Attorney
- Ms.Napaporn Songprang, Attorney
- Mr.Ratsada Manuratsada, Attorney
- Ms.Watcharasak Vijitnun, Lawyer
- Ms.Sirikan Jarernsri, Lawyer
- Ms.Atchara Suttisuntarin, Lawyer
- Mr.Papob Siemharn, Lawyer
- Ms.Puttinee Kopunta, Lawyer
- Ms.Nijnirun Awapark, Lawyer
- Ms.Siwanoot Soitong, Lawyer