CMPO to appeal Civil Court verdict on political conflicts

[webfact]

CMPO to appeal Civil Court verdict on political conflicts
By Digital Content



BANGKOK, Feb 21 – The Centre for Maintaining Peace and Order (CMPO) resolved today to appeal the Wednesday’s ruling of the Civil Court which issued nine points limiting its action in dealing with anti-government protesters.

Tarit Pengdith, a CMPO member, said the Appeals Court would be asked to delay enforcement of the nine-point restriction to enable CMPO to effectively deal with the political unrest.

The court’s nine-point order is tantamount to creating a law enforcement vacuum -- a risk that may aggravate conflicts and negatively impact peace in the country, said Mr Tarit, who is also director general of the Department of Special Investigation (DSI).

“There are people who agree and disagree with the protest of the People’s Democratic Reform Committee (PDRC).Their differing opinions may lead to confrontations while the state is not empowered to enforce the laws,” he said.

He said CMPO was concerned that the court’s verdict would allow PDRC protesters to do whatever they wish, particularly closure or seizure of government property and business buildings.

During its 32 days of duty, the CMPO has continued solving problems and successfully reopened 53 government buildings but PDRC protesters sealed off the Renewable Energy Department today after using weapons to force security guards to open the gate, said Mr Tarit.

He said the court’s ruling was not limited to enforcement under the emergency decree but was affected by other relevant laws including the Traffic Act.

“Are authorities allowed to demolish stages on streets which have obstructed traffic?” he asked.

Mr Tarit said the CMPO has also resolved to file criminal charges against PDRC secretary general Suthep Thaugsuban and his accomplices for using explosives and heavy weapons to attack police, resulting in deaths and serious injuries, at Phan Fah Bridge, Ratchdamnoen Avenue, on Tuesday. (MCOT online news)


-- TNA 2014-02-21

[BlueNoseCodger]

PDRC protesters sealed off the Renewable Energy Department today after using weapons to force security guards to open the gate

Oh <deleted>, what is this Bangkok or Mogadishu!

[Why ask]

“Are authorities allowed to demolish stages on streets which have obstructed traffic?” he asked.

Demolish what Chalerm, your boss, wants to, as long as there are no innocent people in front of it. Get the drift?

[dinom]

Mr Tarit said the CMPO has also resolved to file criminal charges against PDRC secretary general Suthep Thaugsuban and his accomplices for using explosives and heavy weapons to attack police, resulting in deaths and serious injuries, at Phan Fah Bridge, Ratchdamnoen Avenue, on Tuesday.

Appeals Court would be asked to delay enforcement of the nine-point restriction to enable CMPO to effectively deal with the political unrest.

It's getting ridicilous...

[zaphodbeeblebrox]

“Are authorities allowed to demolish stages on streets which have obstructed traffic?” he asked.

Demolish what Chalerm, your boss, wants to, as long as there are no innocent people in front of it. Get the drift?

Probably not Tarit. If a truck used by a construction crew is parked all day in a lane of traffic, blocking the lane, do the police demolish it? Do the police even try to locate the driver to tell him to move the truck? Should people exercising their constitutional right of protest be treated differently than the driver who illegally parks his truck?

As a result of occupying government offices, have any government workers been injured or put in harm's way? In 2010, when the redshirts stormed into Chula Hospital, forcing the hospital to move most of the patients, was any police action taken against the trespassers?

CMPO needs to take a hard look at what really has caused violence in the streets and take steps to avoid that. The SOE is not some grand savior. There's an existing criminal code and the police can gather evidence and arrest violators. They don't need an SOE for that. The SOE does not empower the PM with greater authority unless there is a major threat (war or major act of terrorism) which requires further decrees and restrictions on freedoms. The leaders of CMPO need to read and swear to uphold the Constitution. Not ignore it and go about making silly decrees that infringe upon freedoms without a showing of a major threat to national security.

[djjamie]

PDRC protesters sealed off the Renewable Energy Department today after using weapons to force security guards to open the gate

Oh <deleted>, what is this Bangkok or Mogadishu!

Funny you mention Sudan. It is a democratic country too. They had elections in 2010 of which Al-Bashir received 68% of the vote. Huge majority right? Gives him a mandate to run the country right? Al-Bashir is wanted by the International Criminal Court for war crimes and crimes against humanity, namely in the Darfur region. Despite the warrant, he freely travels to sympathetic countries to flaunt his relative immunity among friends. 2.7 million people are believed to have been displaced since 2003 as a result of his military campaign against the Darfur rebels. So even though he was democratically elected, but abused all the principles of democracy post ballot box that is OK right? Or maybe Sudan needs some reform.

Sounds like Bangkok and Mogadishu DO have a lot in common. The regimes of both countries certainly do.

Edited February 21, 2014 by djjamie

[Basil B]

May be time to charge the CMPO and it's officers with aiding and assisting corruption in public office.

[Scamper]

I swear the two people on either side of Tarit have held the same expression for the last two weeks. The woman may even need medical assistance. Behind this embarrassingly candid shot we see revealed that the " Centre " is nothing but an erected backdrop in an office that looks like it's long fallen into neglect. There's sometimes truth in images.

Today, the administration is floating two contrasting ideas simultaneously, just in case the public gets the impression they haven't staked out all sides of the chess board at once. There's this : getting the Civil Court to do what the administration wants them to do. And then there is Pheu Thai's brainstorm backup plan circulated earlier today : slash the entire decree, invoke a new one, and the Civil Court's ruling is retroactively nullified, so there. When an administration is proceeding by the seat of its pants on an hourly basis, wildly improvising new ways of getting around laws or invoking new ones, one feels that we are not far from the appearance of a smiling cheshire cat or a rabbit holding a watch.

[ChrisY1]

The members of these so called security enterprises (for want of a name)...CMPO....must be impartial....they should be void of bias.....otherwise as we now see..it's simply a slinging match on both sides.....and neither side has more brains than the other.....they're all dolts!

[GATHER]

I wonder how many people have to die more to call them heroes . or that is not applied t the people of Thailand who with they're minds are not allowed t speak and tell that a corrupt government has no right in law as a existence ... And the laws are for the people not against them, same as Police forces should be to protect the living souls not to kill them with rubber bullets and live ammo ...

Who does CAMPO will hold responsible for the death of 2 unarmed civilians ... and hundred wounded ?

[Stan7444]

Without taking political sides, since these protests are entirely a Thai internal matter, the Emergency Decree bears some reviewing as to the gov’t authority under the present laws of the land. One might disagree with them, as apparently the Civil Court did this past week, but they are still the law, unless the courts wish to bend them to their own means.

If the rule of law is not followed and obeyed in any country, then there is nothing left but lawlessness. The Civil Court in their decision essentially took the teeth out of this Emergency Decree law, which should only be the right of the Parliament to cancel or modify it and not the legal ability of the courts. The court’s job is to enforce existing laws, and provide interpretation as required in case of ambiguity. However, the following except seems to be pretty clearly written. I have only copies those sections which seem to be in contention with news reports and the full law can be reviewed in the link at the bottom.

Emergency Decree on Public Administration in Emergency Situation, B.E. 2548 (2005)

BHUMIBOL ADULYADEJ, REX;

Given on the 16th Day of July B.E. 2548
Being the 60th Year of the Present Reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Section 5. In the event of the occurrence of an emergency situation and the Prime Minister considers that it is appropriate to use the force of administrative officials or police officers, civil officials or military officers to jointly provide assistance, prevent, remedy, suppress, withhold the emergency situation, rehabilitation or provide assistance to the people, the Prime Minister upon the approval of the Council of Ministers is empowered to declare an emergency situation applicable to the whole Kingdom or in some area or locality as necessary for the situation. (There is more to this Section)

Section 9. In the case of necessity in order to remedy and promptly resolve an emergency situation or to prevent the worsening of such situation, the Prime Minister shall have the power to issue the following Regulations:

(1) to prohibit any person from departing from a dwelling place during the prescribed period, except with the permission of a competent official or being an exempted person;

(2) to prohibit the assembly or gathering of persons at any place or the commission of any act which may cause unrest;

(3) to prohibit the press release, distribution or dissemination of letters, publications or any means of communication containing texts which may instigate fear amongst the people or is intended to distort information which misleads understanding of the emergency situation to the extent of affecting the security of state or public order or good moral of the people both in the area or locality where an emergency situation has been declared or the entire Kingdom;

(4) to prohibit the use of routes or vehicles or prescribe conditions on the use of routes or vehicle;

(5) to prohibit the use of buildings or enter into or stay in any place;

(6) to evacuate people out of a designated area for the safety of such people or to prohibit any person from entering a designated area.

Regulations under paragraph one may prescribe a time condition for the compliance of Regulations or conditions for the exercise of functions by the competent official, or authorize a competent official to designate an area and additional details, so as not to perform any act which causes unreasonable hardship to the people.

Section 11. In the case where an emergency situation involves terrorism, use of force, harm to life, body or property, or there are reasonable grounds to believe that there exists a severe act which affects the security of state, the safety of life or property of the state (bold for emphasis) or person, and there is a necessity to resolve the problem in an efficient and timely manner, the Prime Minister, upon the approval of the Council of Ministers, shall have the power to declare that such emergency situation is a serious situation, and the provisions of section 5 and section 6 paragraph two shall apply mutatis mutandis.

(3) to issue a Notification that a competent official shall have the power to seize or attach arms, goods, consumer products, chemical products or any other materials in the case where there are reasonable grounds to suspect that such objects have been used or will be used to commit or support an act which causes an emergency situation;

(7) to issue a Notification that a competent official shall have the power to issue an order to prohibit any person from leaving the Kingdom where there are reasonable grounds to believe that the departure from the Kingdom will affect the security of the state or the safety of the country;

(8) to issue a Notification that a competent official shall have the power to instruct an alien to leave the Kingdom in the case where there are reasonable grounds to believe that such person is a supporter in causing the emergency situation, provided that the law on immigration shall apply mutatis mutandis;

Section 16. A Regulation, Notification, order or an act under this Emergency Decree shall not be subject to the law on administrative procedures and the law on the establishment of Administrative Court and Administrative Court Procedure.
Section 18. Any person who violates a Regulation, Notification or order issued under section 9, section 10, section 11, or section 13 shall be liable to imprisonment for a term not exceeding two years or to a fine not more than forty- thousand baht, or to both.

Section 19. The Prime Minister shall have charge and control of the execution of this Emergency Decree.

Full translation is here: http://photo-journ.com/thailand-state-of-emergency-act/#axzz2u3ULH5r4

[hellodolly]

Mr Tarit said the CMPO has also resolved to file criminal charges against PDRC secretary general Suthep Thaugsuban and his accomplices for using explosives and heavy weapons to attack police, resulting in deaths and serious injuries, at Phan Fah Bridge, Ratchdamnoen Avenue, on Tuesday.

Appeals Court would be asked to delay enforcement of the nine-point restriction to enable CMPO to effectively deal with the political unrest.

It's getting ridicilous...

It got ridiculous the moment they elected Yingluck and has continued on that route.

On the positive side she has shown us the need for a change in the way government operates. In fact has made it blatantly obvious when she said she didn't care what the supreme court said or to what the World court said in relationship to the Cambodia incident.

She has made it perfectly obvious that the only one she will listen to is her brother.

[hellodolly]

PDRC protesters sealed off the Renewable Energy Department today after using weapons to force security guards to open the gate

Oh <deleted>, what is this Bangkok or Mogadishu!

Funny you mention Sudan. It is a democratic country too. They had elections in 2010 of which Al-Bashir received 68% of the vote. Huge majority right? Gives him a mandate to run the country right? Al-Bashir is wanted by the International Criminal Court for war crimes and crimes against humanity, namely in the Darfur region. Despite the warrant, he freely travels to sympathetic countries to flaunt his relative immunity among friends. 2.7 million people are believed to have been displaced since 2003 as a result of his military campaign against the Darfur rebels. So even though he was democratically elected, but abused all the principles of democracy post ballot box that is OK right? Or maybe Sudan needs some reform.

Sounds like Bangkok and Mogadishu DO have a lot in common. The regimes of both countries certainly do.

Excellent points.

Some people should have a look at what they are promoting when they say an election will solve it all.

Actually if they believe so much in that idea they should go to Sudan where 68% of the people wanted there leader. Here it was a doubtful 48% of the people. I say doubtful because I believe a lot of them wanted Thaksin and they knew she was just a mouth piece.

[hellodolly]

Without taking political sides, since these protests are entirely a Thai internal matter, the Emergency Decree bears some reviewing as to the gov’t authority under the present laws of the land. One might disagree with them, as apparently the Civil Court did this past week, but they are still the law, unless the courts wish to bend them to their own means.

If the rule of law is not followed and obeyed in any country, then there is nothing left but lawlessness. The Civil Court in their decision essentially took the teeth out of this Emergency Decree law, which should only be the right of the Parliament to cancel or modify it and not the legal ability of the courts. The court’s job is to enforce existing laws, and provide interpretation as required in case of ambiguity. However, the following except seems to be pretty clearly written. I have only copies those sections which seem to be in contention with news reports and the full law can be reviewed in the link at the bottom.

Emergency Decree on Public Administration in Emergency Situation, B.E. 2548 (2005)

BHUMIBOL ADULYADEJ, REX;

Given on the 16th Day of July B.E. 2548

Being the 60th Year of the Present Reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Section 5. In the event of the occurrence of an emergency situation and the Prime Minister considers that it is appropriate to use the force of administrative officials or police officers, civil officials or military officers to jointly provide assistance, prevent, remedy, suppress, withhold the emergency situation, rehabilitation or provide assistance to the people, the Prime Minister upon the approval of the Council of Ministers is empowered to declare an emergency situation applicable to the whole Kingdom or in some area or locality as necessary for the situation. (There is more to this Section)

Section 9. In the case of necessity in order to remedy and promptly resolve an emergency situation or to prevent the worsening of such situation, the Prime Minister shall have the power to issue the following Regulations:

(1) to prohibit any person from departing from a dwelling place during the prescribed period, except with the permission of a competent official or being an exempted person;

(2) to prohibit the assembly or gathering of persons at any place or the commission of any act which may cause unrest;

(3) to prohibit the press release, distribution or dissemination of letters, publications or any means of communication containing texts which may instigate fear amongst the people or is intended to distort information which misleads understanding of the emergency situation to the extent of affecting the security of state or public order or good moral of the people both in the area or locality where an emergency situation has been declared or the entire Kingdom;

(4) to prohibit the use of routes or vehicles or prescribe conditions on the use of routes or vehicle;

(5) to prohibit the use of buildings or enter into or stay in any place;

(6) to evacuate people out of a designated area for the safety of such people or to prohibit any person from entering a designated area.

Regulations under paragraph one may prescribe a time condition for the compliance of Regulations or conditions for the exercise of functions by the competent official, or authorize a competent official to designate an area and additional details, so as not to perform any act which causes unreasonable hardship to the people.

Section 11. In the case where an emergency situation involves terrorism, use of force, harm to life, body or property, or there are reasonable grounds to believe that there exists a severe act which affects the security of state, the safety of life or property of the state (bold for emphasis) or person, and there is a necessity to resolve the problem in an efficient and timely manner, the Prime Minister, upon the approval of the Council of Ministers, shall have the power to declare that such emergency situation is a serious situation, and the provisions of section 5 and section 6 paragraph two shall apply mutatis mutandis.

(3) to issue a Notification that a competent official shall have the power to seize or attach arms, goods, consumer products, chemical products or any other materials in the case where there are reasonable grounds to suspect that such objects have been used or will be used to commit or support an act which causes an emergency situation;

(7) to issue a Notification that a competent official shall have the power to issue an order to prohibit any person from leaving the Kingdom where there are reasonable grounds to believe that the departure from the Kingdom will affect the security of the state or the safety of the country;

(8) to issue a Notification that a competent official shall have the power to instruct an alien to leave the Kingdom in the case where there are reasonable grounds to believe that such person is a supporter in causing the emergency situation, provided that the law on immigration shall apply mutatis mutandis;

Section 16. A Regulation, Notification, order or an act under this Emergency Decree shall not be subject to the law on administrative procedures and the law on the establishment of Administrative Court and Administrative Court Procedure.

Section 18. Any person who violates a Regulation, Notification or order issued under section 9, section 10, section 11, or section 13 shall be liable to imprisonment for a term not exceeding two years or to a fine not more than forty- thousand baht, or to both.

Section 19. The Prime Minister shall have charge and control of the execution of this Emergency Decree.

Full translation is here: http://photo-journ.com/thailand-state-of-emergency-act/#axzz2u3ULH5r4

Excellent post even if it was picked out of context.

When ever an emergency comes up they should do that. In the mean time they should listen to the people and use some honesty and step down and not abuse the law. That is all the people are asking of them.

so far they have said they are not going top listen to two courts might as well make it a triple and ignore this court. Unless of course Thaksin says to listen to them.

Fat Chance of that happening.

Edit

By the way when you don't take sides you present both sides not just one and say trust me here go look for the other side yourself.

Edited February 22, 2014 by hellodolly

[zaphodbeeblebrox]

If you can't understand constitutional law, fight the courts with voodoo dolls.

"RT@teamkorn: RT @PatricLand: RedShirts perform black magic at Civil Court to curse judges after SOE ruling"

pic.twitter.com/jnqOmdoOro