Senator to ask Constitutional Court today: emergency decree

[webfact]

CONSTITUTIONALITY OF EMERGENCY DECREE
Senator to ask Constitutional Court today
The Nation

BANGKOK: -- A SENATOR said he would today seek the Constitutional Court's judgement on whether the imposing of a state of emergency by the caretaker government violated the Constitution.

Article 184 of the charter prohibits the government from using state personnel to gain an advantage in an election, while Article 237 bars any political party from doing anything that would give it an unfair advantage in an election, said Senator Paiboon Nititawan.

National Security Council chief Paradorn Pattanatabut said the government has declared a state of emergency because there has been continued use of violence - including the use of bombs and guns - and the seizure of important state premises.

Paradorn dismissed doubts over whether a caretaker government has the legal authority to declare a state of emergency, saying the government had consulted with concerned agencies before making the declaration.

The government was preparing to use some 12,000 police officers and troops to enforce the state of emergency, Paiboon said, adding that the use of these personnel would give the ruling Pheu Thai Party an advantage in the February 2 election.

Caretaker Prime Minister Yingluck Shinawatra and caretaker Interior Minister Charupong Ruangsuwan, who are Pheu Thai party-list candidates, were present at the Cabinet meeting when the decision was made to impose the emergency decree, Paiboon said.

The decision-making process for imposing the state of emergency was questionable, the senator said. Prior to the declaration, there were three meetings held in the same building: the weekly Cabinet meeting, a meeting of the now-defunct Centre for the Administration of Peace and Order (CAPO)'s working group; and a meeting of security-related ministers.

The Cabinet meeting chaired by Yingluck started at 2.40pm on Tuesday, and the CAPO meeting began at 3.15pm. It was unclear |whether the prime minister joined the CAPO meeting to make the decision on imposing the state of emergency. A source said the emergency decree consideration was not on the working group's initial agenda. It was introduced to the meeting at the last minute when caretaker Deputy Prime Minister Surapong Tovichakchaikul, the CAPO chief, joined the meeting. The decision was made in 15 minutes by consensus of the participants.

People's Democratic Reform Committee spokesman Ekanat Prompan said the government had resorted to a state of emergency as it wants to use force against the people. The law violates the basic constitutional right of the people to hold peaceful protests, he said. The protesters would also seek a court ruling to end the enforcement of the emergency decree, he said.


-- The Nation 2014-01-23

[Spalpeen]

Still chasing the lazy option of a judicial coup instead of engaging on an open basis in an election. Forget whinging to the courts all the time and give democracy a try.

[whybother]

Still chasing the lazy option of a judicial coup instead of engaging on an open basis in an election. Forget whinging to the courts all the time and give democracy a try.

Being elected doesn't allow you to ignore the law.

[Nowhereman60]

I wonder if the Senators will also ask if a coup is Constitutional once the Army steps in, which will happen sooner or later.

[tsnyder]

The decision was made in 15 minutes

Seems about par for this administration.

[spirit47]

For me its very clear, emergency state short before an election it not possible, the Senator is right. But this election dont stand the law without this...Dont know how they working, it looks like children playing Government...

[spirit47]

Open season for hunting pea brains?

[noitom]

For me its very clear, emergency state short before an election it not possible, the Senator is right. But this election dont stand the law without this...Dont know how they working, it looks like children playing Government...

I think I agree with you, but I'm not sure. I'll re-read again.

[harrry]

In a State of Emergency I think it would be hard to say that elections can be held in a free and fair manner as many political activities needed for general elections are prohibited.

[gabruce]

The decision was made in 15 minutes

Seems about par for this administration.

given their track record and the fact that "Thaksin Thinks Pheu Thai Acts" it's more than likely something that Thaksin has been thinking about for a while and finally made a decision. A quick call to YS, drop in to the meeting, say hi, tell them what's going to happen and that it was the big bosses decision, maybe a glass of water and the usual social pleasantries, make sure that the appropriate people know what they are supposed to do, then back to the Cabinet meeting. Seems quite reasonable to me. Why waste time in a meeting when it's not necessary?

[tingtongteesood]

Since the state of emergency bans gatherings of more than 5 people especially if for political purposes, surely more than 5 people at a polling station at any one time would be a breach of this rule ?

[tezzainoz]

Still chasing the lazy option of a judicial coup instead of engaging on an open basis in an election. Forget whinging to the courts all the time and give democracy a try.

you call shuting up the newspaper

Holding an election when told they can not by CC as they will not have enough members to for a parliment

deliberatly wasting money that could be paid to Rice Farmers

This is democratic

[Tatsujin]

Still chasing the lazy option of a judicial coup instead of engaging on an open basis in an election. Forget whinging to the courts all the time and give democracy a try.

Or perhaps the Govt and it's masters could (for once in their lives) follow the rule of law . . . the protests might not have happened then . . . just a thought . . .

[Scamper]

" The decision was made in 15 minutes by consensus of the participants. "

It is an awesome thing to contemplate - that the power to dismantle the media, crush dissent, and create a climate where any dictum issued by any public official has the full and unquestioned weight of the law - that all of that - could be contemplated - and one assumes enthusiastically and breathlessly endorsed - in 15 minutes. Yet again, Pheu Thai is playing hide and seek with the mechanics of backroom deals, as Yingluck's presence or lack of presence at this endorsement is now shrouded in mystery. However, we know Thaksin's cousin was there - so the full weight of the attack on a free society rested in his hands. At least for 15 minutes. He had other pressing matters to attend to.

Let us all hope and pray that the Constitution Court deems this emergency decree illegal - as was stated by a former chief Supreme Court judge yesterday - that a caretaker PM does not have this power. Let us hope and pray. For the weapons the administration is wielding now is one that could change the look and feel of this country. In 15 minutes.

[firestar]

Non-elected Senator appointed by President of the Constitutional Court and judges seeks constitutional court's judgement.

And then people complain about the Shin's regime

[soundman]

There have been more replies removed from view than are visible in this topic.

Stop the bickering, flaming and idiotic replies or you may find your posting permissions withdrawn.

[15Peter20]

One senator queries the legality of it. All the other senators don't. Next...