US says no coup in Thailand

[ratcatcher]

The world is watching

Funny! Go to the websites of major metropolitan newspapers in the US and you can search their websites. What you'll discover is that about the only mention of Thailand is to be found in the restaurant sections. This story is a blip. Nobody is covering it. And now that the US says there is no coup, that means no harm, no foul. Business as usual. It's all done and over.

Apparently, it would seem that Canadians are better informed of what is happening around the globe, than their cousins to the south.

http://www.vancouversun.com/news/Thailand+army+declares+martial+amid+political+turbulence+denies+coup+underway/9855921/story.html

http://www.calgarysun.com/2014/05/19/thailands-army-declares-martial-law-says-not-a-coup

http://www.theglobeandmail.com/news/news-video/video-thailands-military-declares-martial-law/article18753874/

http://www.dailymail.co.uk/wires/ap/article-2634635/Day-2-martial-law-Thailand-stirs-confusion.html

[maximillian]

The world is watching

Funny! Go to the websites of major metropolitan newspapers in the US and you can search their websites. What you'll discover is that about the only mention of Thailand is to be found in the restaurant sections. This story is a blip. Nobody is covering it. And now that the US says there is no coup, that means no harm, no foul. Business as usual. It's all done and over.

http://www.tagesschau.de/ausland/thailand-kriegsrecht100.html

Has been covered by German news chanel and newspapers.

[eddie830]

The world is watching

Ha ha; Family in Britain and France tell me there is no news of any of it whatsoever as of last night.

all over bbc world service and bbc radio 4

[smileydude]

The question is what are they really saying?

The US government in terms of foreign relations has always put geopolitical interests on the forefront of their agenda.

Who would not prefer government leaders who are easier to lobby, dine and wheel and deal with (business-like), less nationalistic, and more willingly protect US interests in exchange for god knows what.

[emilymat]

I'm no expert but when I hoped to listen to the local news this morning the announcer said that the station had been told they could only broadcast 'what the military told them, i.e. nothing inflammatory etc'. He then went back to music. Now that is censorship.

As I understand it

1. A putsch - an armed takeover of government involving force. i.e. Adolf in the 1930's

2. A coup - Takeover and ousting of government usually by the military

3. Martial Law - Imposed by army after discussion and agreement with the political masters.

In a sense it's none of these if, and only if, you consider Thailand has no government.

But, if we/you believe there is/was an 'interim' "temporary" or caretaker government that were no consulted then it can only be a bloodless coup.

There are wiser heads on this forum than me who will say my analysis is wrong, but I still find the whole thing deeply sad.

By the way, I don't believe I have the right to 'blame' either side. What I've seen over the last few years leads me to think that corruption, mis-information and graft apply equally.

I still remember the words of my golf tour guide here 20 years ago. "you will find it hard to grasp the culture and thinking of this country, and you certainly will not be able to change it".

True as ever.

[slipperylobster]

Everyone else is wrong...it is from lack of government.....the absence of officials going to work....that led to Martial Law. Nobody else was doing the job....so that left the Military.

So there. bllllllllllph

[BlueNoseCodger]

Subtexts, always subtexts with these diplomatic announcements.

What they're doing is reminding the military of their ability to impose sanctions in the event of a coup. Classic diplomats way of putting it nicely, but the subtext is clear.

"Martial law, the declaration of that, is allowed for in the Thai constitution,"

Again, subtext is that only Marial law that is allowed under the Thai constitution is recognized. The only valid one is Section 4:

Section 4: If there is war or insurrection in any area, the commander of military forces at least one battalion, or of any military fort, barracks or forfeited area, which has the power and duty to protect such area, shall have the power to proclaim the Martial Law within his or her responsible area. In this case, the proclamation of the Martial Law shall be reported to the Government immediately.

Which only lets him declare Martial Law where there is war or insurrection, and only to protect such area from that. And has to report to the government immediately, the army spokeman did that last night. Which confirms their basis is Section 4. It also confirms they recognize the government.

That still leaves the area to be enforced and the actions he is permitted to take:

Link to Martial Law BE 2457 translation into English.

Edited May 21, 2014 by BlueNoseCodger

[mrtoad]

The world is watching

Not really, very limited coverage on the news and in papers here in the UK yesterday and today, and I'll clarify that. Yes, it is on the news such as BBC 24 which , but on the main channels, I.e BBC 1, BBC 2 , ITV, C4 , C5 not much. In the newspapers, again limited. On line there is more, but for the vast majority of the public they couldn't care less.

This statement by the US is not a massive condemnation, end of the day the proxy government was a joke, and this at least might break the deadlock the country has been in.

Edited May 21, 2014 by mrtoad

[BlueNoseCodger]

Subtexts, always subtexts with these diplomatic announcements.

What they're doing is reminding the military of their ability to impose sanctions in the event of a coup. Classic diplomats way of putting it nicely, but the subtext is clear.

"Martial law, the declaration of that, is allowed for in the Thai constitution,"

Again, subtext is that only Marial law that is allowed under the Thai constitution is recognized. The only valid one is Section 4:

Section 4: If there is war or insurrection in any area, the commander of military forces at least one battalion, or of any military fort, barracks or forfeited area, which has the power and duty to protect such area, shall have the power to proclaim the Martial Law within his or her responsible area. In this case, the proclamation of the Martial Law shall be reported to the Government immediately.

Which only lets him declare Martial Law where there is war or insurrection, and only to protect such area from that. And has to report to the government immediately, the army spokeman did that last night. Which confirms their basis is Section 4. It also confirms they recognize the government.

That still leaves the area to be enforced and the actions he is permitted to take:

Link to Martial Law BE 2457 translation into English.

My annotations to section 11. (my opinion)

Section 11.

The powers to make prohibitions are as follows:

(1) to prohibit any assembly or meeting;

(2) to prohibit the issuance, disposal, distribution or dissemination of any book, printed matter, newspaper, advertisement, verse or poem; [note this is pre-internet law]

(3) to prohibit any advertising, showing of entertainment or receiving or broadcasting radio or television;

(4) to prohibit transportation in any public path, whether such public path is on land, in the water, in the air, including railway;

(5) to prohibit the possession or use of communication devices or weapon, accessories of weapon and chemical product or any other thing which may be harmful to any person, animal, plant or property, or which may be composed to be chemical product or other things of similar character;

(6) to prohibit persons from staying outside their dwelling places during determined period; [i.e. curfews]

(7) to prohibit persons from entering into, or living in, any locality which the military authority is of opinion that it is necessary for military operation, desistence or suppression, or keeping public order. After having the prohibition, all persons shall leave from such locality within the period as prescribed therein;

(8) to prohibit any person from conducting any act or having any prohibited undertaking or thing as determined by the Minister of Defense during the period of the Martial Law

The big catch all is section (8) which is the Minister of Defense's judgement not the military judgement.

[casualbiker]

I'm no expert but when I hoped to listen to the local news this morning the announcer said that the station had been told they could only broadcast 'what the military told them, i.e. nothing inflammatory etc'. He then went back to music. Now that is censorship.

As I understand it

1. A putsch - an armed takeover of government involving force. i.e. Adolf in the 1930's

2. A coup - Takeover and ousting of government usually by the military

3. Martial Law - Imposed by army after discussion and agreement with the political masters.

In a sense it's none of these if, and only if, you consider Thailand has no government.

But, if we/you believe there is/was an 'interim' "temporary" or caretaker government that were no consulted then it can only be a bloodless coup.

There are wiser heads on this forum than me who will say my analysis is wrong, but I still find the whole thing deeply sad.

By the way, I don't believe I have the right to 'blame' either side. What I've seen over the last few years leads me to think that corruption, mis-information and graft apply equally.

I still remember the words of my golf tour guide here 20 years ago. "you will find it hard to grasp the culture and thinking of this country, and you certainly will not be able to change it".

True as ever.

What radio station was that?

Sent from my XT1032 using Thaivisa Connect Thailand mobile app

[casualbiker]

I'm no expert but when I hoped to listen to the local news this morning the announcer said that the station had been told they could only broadcast 'what the military told them, i.e. nothing inflammatory etc'. He then went back to music. Now that is censorship.

As I understand it

1. A putsch - an armed takeover of government involving force. i.e. Adolf in the 1930's

2. A coup - Takeover and ousting of government usually by the military

3. Martial Law - Imposed by army after discussion and agreement with the political masters.

In a sense it's none of these if, and only if, you consider Thailand has no government.

But, if we/you believe there is/was an 'interim' "temporary" or caretaker government that were no consulted then it can only be a bloodless coup.

There are wiser heads on this forum than me who will say my analysis is wrong, but I still find the whole thing deeply sad.

By the way, I don't believe I have the right to 'blame' either side. What I've seen over the last few years leads me to think that corruption, mis-information and graft apply equally.

I still remember the words of my golf tour guide here 20 years ago. "you will find it hard to grasp the culture and thinking of this country, and you certainly will not be able to change it".

True as ever.

Your 3. " Martial Law - Imposed by army after discussion and agreement with the political masters."

What happens if the Army seem to have proof that it is in fact elements within the government that are causing the need for martial law...?

Sent from my XT1032 using Thaivisa Connect Thailand mobile app

[casualbiker]

Subtexts, always subtexts with these diplomatic announcements.

What they're doing is reminding the military of their ability to impose sanctions in the event of a coup. Classic diplomats way of putting it nicely, but the subtext is clear.

"Martial law, the declaration of that, is allowed for in the Thai constitution,"

Again, subtext is that only Marial law that is allowed under the Thai constitution is recognized. The only valid one is Section 4:

Section 4: If there is war or insurrection in any area, the commander of military forces at least one battalion, or of any military fort, barracks or forfeited area, which has the power and duty to protect such area, shall have the power to proclaim the Martial Law within his or her responsible area. In this case, the proclamation of the Martial Law shall be reported to the Government immediately.

Which only lets him declare Martial Law where there is war or insurrection, and only to protect such area from that. And has to report to the government immediately, the army spokeman did that last night. Which confirms their basis is Section 4. It also confirms they recognize the government.

That still leaves the area to be enforced and the actions he is permitted to take:

Link to Martial Law BE 2457 translation into English.

I wonder if the Thai language one is exactly the same wording .. being a southern Thai of voting age maybe you can tell us?

Sent from my XT1032 using Thaivisa Connect Thailand mobile app

[Roadman]

I'm no expert but when I hoped to listen to the local news this morning the announcer said that the station had been told they could only broadcast 'what the military told them, i.e. nothing inflammatory etc'. He then went back to music. Now that is censorship.

As I understand it

1. A putsch - an armed takeover of government involving force. i.e. Adolf in the 1930's

2. A coup - Takeover and ousting of government usually by the military

3. Martial Law - Imposed by army after discussion and agreement with the political masters.

In a sense it's none of these if, and only if, you consider Thailand has no government.

But, if we/you believe there is/was an 'interim' "temporary" or caretaker government that were no consulted then it can only be a bloodless coup.

There are wiser heads on this forum than me who will say my analysis is wrong, but I still find the whole thing deeply sad.

By the way, I don't believe I have the right to 'blame' either side. What I've seen over the last few years leads me to think that corruption, mis-information and graft apply equally.

I still remember the words of my golf tour guide here 20 years ago. "you will find it hard to grasp the culture and thinking of this country, and you certainly will not be able to change it".

True as ever.

Best you read the "Martial Law B.E. 2457" Act then. The Army only has to notify the government of the day if there is war or insurrection in 'an area' of the Kingdom. Where the whole of the Kingdom is effected then the Act does not require notification to the government. It is what it is - martial law. Edited to correct as per post 48 - the whole of the Kingdom does qualify as part.

Agree that both sides are as bad as the other but what trumps it more against Thaksin above the corruption, mis-information and graft and plain ignorance of both sides is the complete disregard of and lawlessness to democratic rule.

Edited May 21, 2014 by Roadman

[Publicus]

err.... the power has been taken from the people by the MILITARY what else is that called?...just like the US failed to call what happened in Egypt a coup ( its all down to aid and US DFI)

You say the glass is half empty

But there are many who say the glass is half full

The army have taken the corrupt power away from the government and returned it to the people

The army have taken all power and authority away from everyone and have given it to itself.

That's what martial law is in Thailand.

The people have nothing, no power, no input, no sovereignty. The people are helpless bystanders.

The military acted because the senate foul forty and Suthep with his PDRC were in the process of naming a pretender PM and a false cabinet that would have been the trigger to open conflict.

That now has been shut down.

The people don't support a coup but are relieved that a serious impending conflict between the two sides has been shut down by the military's decision and actions.

The military knows it is walking on egg shells.

[casualbiker]

Subtexts, always subtexts with these diplomatic announcements.

What they're doing is reminding the military of their ability to impose sanctions in the event of a coup. Classic diplomats way of putting it nicely, but the subtext is clear.

"Martial law, the declaration of that, is allowed for in the Thai constitution,"

Again, subtext is that only Marial law that is allowed under the Thai constitution is recognized. The only valid one is Section 4:

Section 4: If there is war or insurrection in any area, the commander of military forces at least one battalion, or of any military fort, barracks or forfeited area, which has the power and duty to protect such area, shall have the power to proclaim the Martial Law within his or her responsible area. In this case, the proclamation of the Martial Law shall be reported to the Government immediately.

Which only lets him declare Martial Law where there is war or insurrection, and only to protect such area from that. And has to report to the government immediately, the army spokeman did that last night. Which confirms their basis is Section 4. It also confirms they recognize the government.

That still leaves the area to be enforced and the actions he is permitted to take:

Link to Martial Law BE 2457 translation into English.

My annotations to section 11. (my opinion)

Section 11.

The powers to make prohibitions are as follows:

(1) to prohibit any assembly or meeting;

(2) to prohibit the issuance, disposal, distribution or dissemination of any book, printed matter, newspaper, advertisement, verse or poem; [note this is pre-internet law]

(3) to prohibit any advertising, showing of entertainment or receiving or broadcasting radio or television;

(4) to prohibit transportation in any public path, whether such public path is on land, in the water, in the air, including railway;

(5) to prohibit the possession or use of communication devices or weapon, accessories of weapon and chemical product or any other thing which may be harmful to any person, animal, plant or property, or which may be composed to be chemical product or other things of similar character;

(6) to prohibit persons from staying outside their dwelling places during determined period; [i.e. curfews]

(7) to prohibit persons from entering into, or living in, any locality which the military authority is of opinion that it is necessary for military operation, desistence or suppression, or keeping public order. After having the prohibition, all persons shall leave from such locality within the period as prescribed therein;

(8) to prohibit any person from conducting any act or having any prohibited undertaking or thing as determined by the Minister of Defense during the period of the Martial Law

The big catch all is section (8) which is the Minister of Defense's judgement not the military judgement.

There is no Minister of Defense at the moment so it falls to the Supreme Commander of the Armed forces.

Sent from my XT1032 using Thaivisa Connect Thailand mobile app

[Scott]

Posts have been removed for a variety of reasons. Let's keep in mind that posting that could be viewed as challenging the authority of the military may not pass the taste test during these times.

Please chose your words carefully.

[Roadman]

Subtexts, always subtexts with these diplomatic announcements.

What they're doing is reminding the military of their ability to impose sanctions in the event of a coup. Classic diplomats way of putting it nicely, but the subtext is clear.

"Martial law, the declaration of that, is allowed for in the Thai constitution,"

Again, subtext is that only Marial law that is allowed under the Thai constitution is recognized. The only valid one is Section 4:

Section 4: If there is war or insurrection in any area, the commander of military forces at least one battalion, or of any military fort, barracks or forfeited area, which has the power and duty to protect such area, shall have the power to proclaim the Martial Law within his or her responsible area. In this case, the proclamation of the Martial Law shall be reported to the Government immediately.

Which only lets him declare Martial Law where there is war or insurrection, and only to protect such area from that. And has to report to the government immediately, the army spokeman did that last night. Which confirms their basis is Section 4. It also confirms they recognize the government.

That still leaves the area to be enforced and the actions he is permitted to take:

Link to Martial Law BE 2457 translation into English.

While you correctly picked up Section 4 what you should have also referred to is Section 3 which refers to the whole Kingdom and as such seems to leave the imposing of Martial Law open to the Army and especially so as within that short section it all refers to parts of the Kingdom which then allows Section 4 to be interrupted as government notification to part of the area.

Edited to add: reading section 3 again it does read as The whole of the Kingdom does qualify as being the part.

Edited May 21, 2014 by Roadman

[wellred]

The world is watching

Ha ha; Family in Britain and France tell me there is no news of any of it whatsoever as of last night.

It was on both bbc, Al Jazeera as well as the guardian.

[BlueNoseCodger]

Subtexts, always subtexts with these diplomatic announcements.

What they're doing is reminding the military of their ability to impose sanctions in the event of a coup. Classic diplomats way of putting it nicely, but the subtext is clear.

"Martial law, the declaration of that, is allowed for in the Thai constitution,"

Again, subtext is that only Marial law that is allowed under the Thai constitution is recognized. The only valid one is Section 4:

Section 4: If there is war or insurrection in any area, the commander of military forces at least one battalion, or of any military fort, barracks or forfeited area, which has the power and duty to protect such area, shall have the power to proclaim the Martial Law within his or her responsible area. In this case, the proclamation of the Martial Law shall be reported to the Government immediately.

Which only lets him declare Martial Law where there is war or insurrection, and only to protect such area from that. And has to report to the government immediately, the army spokeman did that last night. Which confirms their basis is Section 4. It also confirms they recognize the government.

That still leaves the area to be enforced and the actions he is permitted to take:

Link to Martial Law BE 2457 translation into English.

I wonder if the Thai language one is exactly the same wording .. being a southern Thai of voting age maybe you can tell us?

Sent from my XT1032 using Thaivisa Connect Thailand mobile app

You won't find a more accurate translation than Thailawforums version. The original Thai is here, I assume you're challenging the choice of jalajun as 'insurgency'?

If you called it 'riot' instead of insurgency, where is the 'riot' that gives the general the right to use section 4?

[how241]

The world is watching

Ha ha; Family in Britain and France tell me there is no news of any of it whatsoever as of last night.

I'm getting regular texts from family in the USA, asking how I am. That's the same USA where people know absolutely nothing about the outside world...

+1...Me too, my family is concerned for my safety from what they see on the USA news.

[BlueNoseCodger]

Subtexts, always subtexts with these diplomatic announcements.

What they're doing is reminding the military of their ability to impose sanctions in the event of a coup. Classic diplomats way of putting it nicely, but the subtext is clear.

"Martial law, the declaration of that, is allowed for in the Thai constitution,"

Again, subtext is that only Marial law that is allowed under the Thai constitution is recognized. The only valid one is Section 4:

Section 4: If there is war or insurrection in any area, the commander of military forces at least one battalion, or of any military fort, barracks or forfeited area, which has the power and duty to protect such area, shall have the power to proclaim the Martial Law within his or her responsible area. In this case, the proclamation of the Martial Law shall be reported to the Government immediately.

Which only lets him declare Martial Law where there is war or insurrection, and only to protect such area from that. And has to report to the government immediately, the army spokeman did that last night. Which confirms their basis is Section 4. It also confirms they recognize the government.

That still leaves the area to be enforced and the actions he is permitted to take:

Link to Martial Law BE 2457 translation into English.

While you correctly picked up Section 4 what you should have also referred to is Section 3 which refers to the whole Kingdom and as such seems to leave the imposing of Martial Law open to the Army and especially so as within that short section it all refers to parts of the Kingdom which then allows Section 4 to be interrupted as government notification to part of the area.

Edited to add: reading section 3 again it does read as The whole of the Kingdom does qualify as being the part.

No section 3 is a qualified version of the proclamation issued under section 2:

Section 3: Where the whole of the Kingdom is not area under the Martial Law, such proclamation shall specify specific Monthon , Tambol or area under the Martial Law.

Section 2, requires a Royal Proclamation, see Pratchatai's explanation. These need to be countersigned by a minister.

[wwest5829]

Mind your own business!

Sorry, I don't understand. To whom are you speaking?

[penwithcris]

The world is watching

Ha ha; Family in Britain and France tell me there is no news of any of it whatsoever as of last night.

[penwithcris]

The BBC showed coverage of the troops on the streets of Bangkok. Not a very welcoming image of the Land of Smiles

[BlueNoseCodger]

The military have a short window of time to announce elections. It is the only way that the world will believe it is not a coup.

The army only needs a short window of time to give the Senate a reason to install a temporary, neutral, caretaker government to run the bureaucracy while a reform committee is preparing the issues for the national referendum to choose which reforms the electorate want to add to the constitution. Once the reforms are in the constitution, voted for by the whole country, the parties will all have a more even playing field when elections are held late next year. . Bob's you uncle.

You know the Senate neither has the power to install a PM, nor change the constitution. Even if they ejected the elected caretaker government, the new government would be a caretaker one, limited till elections.

Also your reforms would need a constitutional change (not permitted by caretaker governments), and that in turn would need an elected government,.... voted on by the whole country.

There is a level playing field in terms of winability, if Yingluk led the Democrats and Abhisit led Pheu Thai, then the Democrats would be winners. It's their god awful elitist policies that make them unelectable.

There is not a level playing field in terms of law, clearly the system is rigged for the Democrats, after 2 election boycotts they should already be banned as a political party to make way for a party that wants to get elected.

[BlueNoseCodger]

Subtexts, always subtexts with these diplomatic announcements.

What they're doing is reminding the military of their ability to impose sanctions in the event of a coup. Classic diplomats way of putting it nicely, but the subtext is clear.

"Martial law, the declaration of that, is allowed for in the Thai constitution,"

Again, subtext is that only Marial law that is allowed under the Thai constitution is recognized. The only valid one is Section 4:

Section 4: If there is war or insurrection in any area, the commander of military forces at least one battalion, or of any military fort, barracks or forfeited area, which has the power and duty to protect such area, shall have the power to proclaim the Martial Law within his or her responsible area. In this case, the proclamation of the Martial Law shall be reported to the Government immediately.

Which only lets him declare Martial Law where there is war or insurrection, and only to protect such area from that. And has to report to the government immediately, the army spokeman did that last night. Which confirms their basis is Section 4. It also confirms they recognize the government.

That still leaves the area to be enforced and the actions he is permitted to take:

Link to Martial Law BE 2457 translation into English.

My annotations to section 11. (my opinion)

Section 11.

The powers to make prohibitions are as follows:

(1) to prohibit any assembly or meeting;

(2) to prohibit the issuance, disposal, distribution or dissemination of any book, printed matter, newspaper, advertisement, verse or poem; [note this is pre-internet law]

(3) to prohibit any advertising, showing of entertainment or receiving or broadcasting radio or television;

(4) to prohibit transportation in any public path, whether such public path is on land, in the water, in the air, including railway;

(5) to prohibit the possession or use of communication devices or weapon, accessories of weapon and chemical product or any other thing which may be harmful to any person, animal, plant or property, or which may be composed to be chemical product or other things of similar character;

(6) to prohibit persons from staying outside their dwelling places during determined period; [i.e. curfews]

(7) to prohibit persons from entering into, or living in, any locality which the military authority is of opinion that it is necessary for military operation, desistence or suppression, or keeping public order. After having the prohibition, all persons shall leave from such locality within the period as prescribed therein;

(8) to prohibit any person from conducting any act or having any prohibited undertaking or thing as determined by the Minister of Defense during the period of the Martial Law

The big catch all is section (8) which is the Minister of Defense's judgement not the military judgement.

There is no Minister of Defense at the moment so it falls to the Supreme Commander of the Armed forces.

Sent from my XT1032 using Thaivisa Connect Thailand mobile app

That's not true, all Yingluks duties were simply passed to her deputies. Can you quote a link that hands these powers to General Tanasak? Or an instance where General Tanasak has signed off on any of the declarations under a section 8?

Keep in mind Martial Law was reported to the government as required under section 4, so this is a section 4, and the military recognizes the constitution and the government.

Edited May 21, 2014 by BlueNoseCodger

[rabas]

Subtexts, always subtexts with these diplomatic announcements.

What they're doing is reminding the military of their ability to impose sanctions in the event of a coup. Classic diplomats way of putting it nicely, but the subtext is clear.

"Martial law, the declaration of that, is allowed for in the Thai constitution,"

Again, subtext is that only Marial law that is allowed under the Thai constitution is recognized. The only valid one is Section 4:

Section 4: If there is war or insurrection in any area, the commander of military forces at least one battalion, or of any military fort, barracks or forfeited area, which has the power and duty to protect such area, shall have the power to proclaim the Martial Law within his or her responsible area. In this case, the proclamation of the Martial Law shall be reported to the Government immediately.

Which only lets him declare Martial Law where there is war or insurrection, and only to protect such area from that. And has to report to the government immediately, the army spokeman did that last night. Which confirms their basis is Section 4. It also confirms they recognize the government.

That still leaves the area to be enforced and the actions he is permitted to take:

Link to Martial Law BE 2457 translation into English.

The devil is on the details. To me, the only literal interpretation of sections 2 through 5 clearly give Prayut the right to declare martial law in the whole country, subject to the need to do so. Section 3 defines the meaning of area under Martial Law and applies to the act, not to section 4 alone. In fact it only says if it is not the whole country, then the area must be specifically specified. Section 4 clearly states that it covers any area. There is no place where area is defined to not include the whole of the country, subject to the need for martial law.

Section 1, Name of the act, only.

Section 2. By Royal Proclamation. Whenever there is necessity to preserve good order so as to be free from external or internal danger, a Royal Proclamation may be issued enforcing all or certain sections of the Martial Law or part of any section of it including the conditions under which such provision or provisions shall apply to the whole or any part of the Kingdom; and after the proclamation has been made at any time or in any area, all the provisions of any act or law which are inconsistent with the provisions of the Martial Law which is in force shall be suspended and replaced by the provisions of the Martial Law

Section 3: Area under Martial Law. Where the whole of the Kingdom is not area under the Martial Law, such proclamation shall specify specific Martial Tambol, etc or area under the Martial Law.

Section 4: Power to Proclaim the Martial Law. If there is war or insurrection in any area, the commander of military forces at least one battalion, or of any military fort, barracks or forfeited area, which has the power and duty to protect such area, shall have the power to proclaim the Martial Law within his or her responsible area. In this case, the proclamation of the Martial Law shall be reported to the Government immediately.

Section 5.Proclamation of Repeal. The repeal of the Martial Law in any area shall be made by Royal Proclamation

Prayut is responsible for Thailand, thus he can declare Martial law in the country.

Edited May 21, 2014 by rabas

[casualbiker]

Subtexts, always subtexts with these diplomatic announcements.

What they're doing is reminding the military of their ability to impose sanctions in the event of a coup. Classic diplomats way of putting it nicely, but the subtext is clear.

"Martial law, the declaration of that, is allowed for in the Thai constitution,"

Again, subtext is that only Marial law that is allowed under the Thai constitution is recognized. The only valid one is Section 4:

Section 4: If there is war or insurrection in any area, the commander of military forces at least one battalion, or of any military fort, barracks or forfeited area, which has the power and duty to protect such area, shall have the power to proclaim the Martial Law within his or her responsible area. In this case, the proclamation of the Martial Law shall be reported to the Government immediately.

Which only lets him declare Martial Law where there is war or insurrection, and only to protect such area from that. And has to report to the government immediately, the army spokeman did that last night. Which confirms their basis is Section 4. It also confirms they recognize the government.

That still leaves the area to be enforced and the actions he is permitted to take:

Link to Martial Law BE 2457 translation into English.

My annotations to section 11. (my opinion)

Section 11.

The powers to make prohibitions are as follows:

(1) to prohibit any assembly or meeting;

(2) to prohibit the issuance, disposal, distribution or dissemination of any book, printed matter, newspaper, advertisement, verse or poem; [note this is pre-internet law]

(3) to prohibit any advertising, showing of entertainment or receiving or broadcasting radio or television;

(4) to prohibit transportation in any public path, whether such public path is on land, in the water, in the air, including railway;

(5) to prohibit the possession or use of communication devices or weapon, accessories of weapon and chemical product or any other thing which may be harmful to any person, animal, plant or property, or which may be composed to be chemical product or other things of similar character;

(6) to prohibit persons from staying outside their dwelling places during determined period; [i.e. curfews]

(7) to prohibit persons from entering into, or living in, any locality which the military authority is of opinion that it is necessary for military operation, desistence or suppression, or keeping public order. After having the prohibition, all persons shall leave from such locality within the period as prescribed therein;

(8) to prohibit any person from conducting any act or having any prohibited undertaking or thing as determined by the Minister of Defense during the period of the Martial Law

The big catch all is section (8) which is the Minister of Defense's judgement not the military judgement.

There is no Minister of Defense at the moment so it falls to the Supreme Commander of the Armed forces.

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That's not true, all Yingluks duties were simply passed to her deputies. Can you quote a link that hands these powers to General Tanasak? Or an instance where General Tanasak has signed off on any of the declarations under a section 8?

Keep in mind Martial Law was reported to the government as required under section 4, so this is a section 4, and the military recognizes the constitution and the government.

Ok.. who is the acting caretaker Defense minister then?

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[casualbiker]

Subtexts, always subtexts with these diplomatic announcements.

What they're doing is reminding the military of their ability to impose sanctions in the event of a coup. Classic diplomats way of putting it nicely, but the subtext is clear.

"Martial law, the declaration of that, is allowed for in the Thai constitution,"

Again, subtext is that only Marial law that is allowed under the Thai constitution is recognized. The only valid one is Section 4:

Section 4: If there is war or insurrection in any area, the commander of military forces at least one battalion, or of any military fort, barracks or forfeited area, which has the power and duty to protect such area, shall have the power to proclaim the Martial Law within his or her responsible area. In this case, the proclamation of the Martial Law shall be reported to the Government immediately.

Which only lets him declare Martial Law where there is war or insurrection, and only to protect such area from that. And has to report to the government immediately, the army spokeman did that last night. Which confirms their basis is Section 4. It also confirms they recognize the government.

That still leaves the area to be enforced and the actions he is permitted to take:

Link to Martial Law BE 2457 translation into English.

I wonder if the Thai language one is exactly the same wording .. being a southern Thai of voting age maybe you can tell us?

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You won't find a more accurate translation than Thailawforums version. The original Thai is here, I assume you're challenging the choice of jalajun as 'insurgency'?

If you called it 'riot' instead of insurgency, where is the 'riot' that gives the general the right to use section 4?

No actually I was being sarcastic about the fact you seem to have morphed into a southern Thai citizen who is of voting age.. as implied in many of your recent posts!

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[emilymat]

I'm no expert but when I hoped to listen to the local news this morning the announcer said that the station had been told they could only broadcast 'what the military told them, i.e. nothing inflammatory etc'. He then went back to music. Now that is censorship.

As I understand it

1. A putsch - an armed takeover of government involving force. i.e. Adolf in the 1930's

2. A coup - Takeover and ousting of government usually by the military

3. Martial Law - Imposed by army after discussion and agreement with the political masters.

In a sense it's none of these if, and only if, you consider Thailand has no government.

But, if we/you believe there is/was an 'interim' "temporary" or caretaker government that were no consulted then it can only be a bloodless coup.

There are wiser heads on this forum than me who will say my analysis is wrong, but I still find the whole thing deeply sad.

By the way, I don't believe I have the right to 'blame' either side. What I've seen over the last few years leads me to think that corruption, mis-information and graft apply equally.

I still remember the words of my golf tour guide here 20 years ago. "you will find it hard to grasp the culture and thinking of this country, and you certainly will not be able to change it".

True as ever.

What radio station was that?

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