PM praised for lifting martial law, criticised for special powers

01 เมษายน 2558

Prime Minister Prayut Chan-o-cha won applause for the imminent lifting of martial law, but critics, especially in the international community, voiced concerns over the absolute powers he would have under Section 44 of the temporary charter.

Prime Minister Prayut Chan-o-cha won applause for the imminent lifting of martial law, but critics, especially in the international community, voiced concerns over the absolute powers he would have under Section 44 of the temporary charter.

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Prime Minister Prayut: Order has been drawn up. THANARAK KHUNTON

Critics' fears shift from martial law to Section 44

Govt respite brief as PM confirms change

Post Reporters

Foreign diplomats and international activists have welcomed the government's move to lift martial law but are still voicing concerns over arbitrary powers and the role of the military court.

Prime Minister Prayut Chan-o-cha revealed Tuesday he has submitted an announcement lifting martial law to His Majesty the King for endorsement.

Gen Prayut, who is also the leader of the National Council for Peace and Order (NCPO), said the order to invoke Section 44 of the temporary charter, replacing martial law, has now been drawn up.

Section 44 enables the NCPO chief to exercise the powers of the executive, legislative and judicial branches for security and the national interest. Still, the prime minister insisted that under the new order, military courts will remain to try only cases relating to national security.

He said the three military courts – the military court of first instance, the Military Appeal Court and the Military Supreme Court – are comparable to civilian courts of justice.

Cases involving threats to national security will be tried by military courts while cases relating to normal offences will be taken to the normal courts of justice. "There is no need to fear because there are three military courts," Gen Prayut said.

He also said those arrested under the new NCPO order will be detained for up to seven days, not 14 days as had been speculated. "Seven days as before. But they can be released immediately without charge if they reach an understanding with authorities. But we cannot release those arrested for using war weapons," Gen Prayut said.

Melissa Sweeney, the United States embassy spokesperson, said the US has acknowledged Gen Prayut's move to seek royal approval to lift martial law. "We would welcome the lifting of martial law and other efforts if they lead to the full restoration of civil liberties in Thailand," she said.

A Western diplomat said the international community would welcome the lifting of martial law but its replacement was now a worry.

A diplomat source from the European Union Delegation to Thailand said the EU is seeking clarifications from the government on its plan to replace martial law with Section 44.

Meanwhile, the International Commission of Jurists (ICJ), a law activist group, Tuesday demanded the government return the country to civilian rule, instead of invoking arbitrary powers under Section 44.

Gen Prayut, however, said he will exercise his power under Section 44 constructively, saying it would be used to deal with some urgent problems such as the recent prohibition of Thai-registered airlines to Japan, South Korea and China.

Foreign Minister Tanasak Patimapragorn said he has no need to clarify Section 44 with the foreign community.

"Thailand is fine and safe now and the consequences of martial law declared in Thailand are different from those of other nations," he said.

You can read the full story here: http://www.bangkokpost.com/news/politics/513991/critics-fears-shift-from-martial-law-to-section-44