'Absolute power' move could haunt Prayut: NHRC

[webfact]

ARTICLE 44
'Absolute power' move could haunt Prayut: NHRC
THE NATION

Concerns mount if premier grabs power over executive, legislative and judicial branches

BANGKOK: -- NATIONAL HUMAN RIGHTS commissioner Niran Pitakwatchara has entered the ongoing debate on Prime Minister General Prayut Chan-o-cha's decision to put an end to martial law by invoking Article 44 of the post-coup provisional charter by warning the former Army chief that absolute power corrupts absolutely.

"To revoke martial law and exercise Article 44 instead is risky because the article gives the PM absolute authority. The PM has to be cautious about falling into the trap of having so much authority, which could lead to criticism later on," the commissioner said.

Pressure has mounted on the government to revoke martial law but Prayut's decision to replace it with Article 44 has led to much criticism.

Prayut also heads the National Council for Peace and Order (NCPO).

The so-called "absolute power" article states: "In cases where the head of the NCPO is of the opinion that it is necessary for the benefit of reform and to strengthen public unity and harmony, or for the prevention, disruption or suppression of any act which undermines public peace and order or national security, the monarchy, national economy or administration of state affairs, he shall have the power to make any order to disrupt or suppress regardless of the legislative, executive or judicial force of that order."

Niran believes that there is now no need for martial law or Article 44, because if there was a situation that needed to be controlled, the junta government could either issue a state of emergency or use the Internal Security Act to tackle it.

"During a time that the country is trying to promote national reform and solve inequality issues, I doubt that it's suitable to use Article 44 or martial law," he said.

Pheu Thai Party members also voiced opposition to the government using Article 44, saying that one person - General Prayut - would have authority over the |three branches of power.

Pheu Thai acting secretary-general Poomtham Vechchayachai said using Article 44 could worsen the situation in the country because the NCPO leader would have power over the executive, the legislature and the judiciary in a manner echoing Field Marshal Sarit Thanarat's dictatorship.

"Abiding by democracy principles, they should not give absolute power to only one person and checks and balances are also necessary. This is a concerning matter that other countries will not understand," Poomthum said.

Human rights

Former Democrat MP Wirat Kalyasiri supports the use of Article 44, reasoning that it will help push the country forward.

"The use of this article is to control those who wish to create political disturbances and to prevent bloodshed as well as enable the economy to be propelled forward," said Wirat.

Wirat denied it would result in a similar environment as the one that existed under Sarit, reasoning that the circumstances now were different and there were now more checks and balances.

Sarit used similar absolute power to execute people without trials, particularly people deemed to have purposely burned down their property for insurance pay-outs. Political dissidents were also targeted for many years without charge. Wirat said he had no problem with Article 44 so long as it was not used to violate human rights.

Meanwhile, the director of the Thailand Reform Institute (TRI), Suriyasai Katasila, a former leading member of the People’s Alliance for Democracy, said invoking Article 44 could reduce the pressure applied on Thailand by other countries, but that did not mean it would reduce the internal pressure because it gave absolute power to one person.

"The failure of the NCPO and the government, which they must accept, is that the enforcement of martial law does not separate those who try to create disturbances from those who are trying to help promote national reform, and this surely raises more resistance against the government," the Rangsit University professor said.

Source: http://www.nationmultimedia.com/politics/Absolute-power-move-could-haunt-Prayut-NHRC-30257028.html

-- The Nation 2015-03-30

[NongKhaiKid]

Is he the type of person to ever accept criticism now or in the future ?

I would suggest ' My Way ' is and will always be his anthem.

[englishoak]

Given hes a man of the establishment its certainly very likely it will go the way of all those types before him.

And its really only just beginning.

Edited March 29, 2015 by englishoak

[chooka]

Prayuth is definately not the sharpest knife in the drawer and one who certainly should not have ultimate power. It is just like giving and arsonist a can of petrol, a box of matches and saying use it wisely.

[NongKhaiKid]

Prayuth is definately not the sharpest knife in the drawer and one who certainly should not have ultimate power. It is just like giving and arsonist a can of petrol, a box of matches and saying use it wisely.

I could ask how did he manage to end up as army chief let alone PM but TIT where getting posts etc doesn't have to be based on ability and merit.

[lewy67]

Prayuth's version of the 1933 Enabling Act and look how that turned out.

[BSJ]

Nothing to see here people, move along please.....move along.

[gchurch259]

Interesting, I read all these articles about how bad Martial Law is by people in Thailand and many of the other Countries who do not have a clue about how bad corruption had gotten, still is, in Thailand.

I for one do not have any problem with Martial Law, but then I do not do anything wrong or against the law !!

It will take at least two or more years of weeding out the corruption, Hell it even goes to the top levels of the Police and Government Officials, according to what I read and my wife tells me is on the TV.

Another thing, I do not know the General/PM and therefore have no opinion about him, but a lot of the posting are by people who think they know almost everything about anything.

[NongKhaiKid]

Interesting, I read all these articles about how bad Martial Law is by people in Thailand and many of the other Countries who do not have a clue about how bad corruption had gotten, still is, in Thailand.

I for one do not have any problem with Martial Law, but then I do not do anything wrong or against the law !!

It will take at least two or more years of weeding out the corruption, Hell it even goes to the top levels of the Police and Government Officials, according to what I read and my wife tells me is on the TV.

Another thing, I do not know the General/PM and therefore have no opinion about him, but a lot of the posting are by people who think they know almost everything about anything.

If you are a driver or motorcyclist i would think you break the law regularly, we all do one way or another when on the road.

It will take much longer, if ever, to weed out corruption as it goes all the way to the top and irrespective of who is in power there's protection for many, only the chosen people of course.

You don't need to know someone in the public eye to get an idea of what he or she is about. The PM's rants and this absolute power issue don't worry you in the least then ? Maybe we foreigners can't vote or can't alter things but that doesn't mean what goes on will never affect us.

[h90]

Prayuth is definately not the sharpest knife in the drawer and one who certainly should not have ultimate power. It is just like giving and arsonist a can of petrol, a box of matches and saying use it wisely.

While he isn't the sharpest knife in the drawer he has good intentions.....I remember the arsonists downtown Bangkok and Thaksin when he tried to gain power of army, police and courts.......That is the arsonist you are looking for.

Our not so sharp Prayut is just cleaning up the mess 14 years of Shinawatras did to Thailand.

Absolute power would be good because it is just for a very limited time.

[Always18]

When one man holds absolute power over the executive, legislature AND judiciary then he alone is the arbiter of what is "right".

Everyone should walk in fear...............................

[EnglishJohn]

Prayuth's version of the 1933 Enabling Act and look how that turned out.

Please don't stop there with your comparison.

What about a would-be dictator funding his own private army of thugs and terrorists who get sent out to beat up / murder opposition ?.

What about a police force who follow party orders and do not investigate anything against the party - such as the aforementioned terrorism ?

What about trying to remove the power of democratic checks+balances so that further 'laws' (amnesty or massive off-budget 'loans' perhaps) can be passed without interference ?.

What about putting a primitive, barbaric thug with contempt for anyone not a red-shirt in sole charge of the police, and promoting loyal henchmen, no matter how incompetent, to all the positions of power ?.

What about filling your government with loyal lackeys and family members, no matter how incompetent ?.

What about the murders of vocal opponents ?. How many is that for Mr T now ?

If you knew anything about what happened in the 30's, you would know that Mr T's attempt to take absolute power shares far more similarities than anything Prayuth has done. Luckily for Thailand, he is just a shallow and greedy man in a place where everyone can be bought and whose greed has been his own undoing. At least Hitler thought he was doing it for his country.

I for one believe 100% that Prayuth has no intention of holding on to power longer that he needs to. The country could move forward much quicker without the red-shirt terrorist threat - but their masters most certainly do not want any reforms.

[NeilSA1]

Interesting, I read all these articles about how bad Martial Law is by people in Thailand and many of the other Countries who do not have a clue about how bad corruption had gotten, still is, in Thailand.

I for one do not have any problem with Martial Law, but then I do not do anything wrong or against the law !!

It will take at least two or more years of weeding out the corruption, Hell it even goes to the top levels of the Police and Government Officials, according to what I read and my wife tells me is on the TV.

Another thing, I do not know the General/PM and therefore have no opinion about him, but a lot of the posting are by people who think they know almost everything about anything.

If you are a driver or motorcyclist i would think you break the law regularly, we all do one way or another when on the road.

It will take much longer, if ever, to weed out corruption as it goes all the way to the top and irrespective of who is in power there's protection for many, only the chosen people of course.

You don't need to know someone in the public eye to get an idea of what he or she is about. The PM's rants and this absolute power issue don't worry you in the least then ? Maybe we foreigners can't vote or can't alter things but that doesn't mean what goes on will never affect us.

I agree with both posters. Unfortunately , foreigners have no political rights, and we do not know what the future holds in store. I am neither for or against the Junta. Although I personally respect the man, and his tireless work ethic, I freely admit that he is not a diplomatic. I also try and give credit where credit is due, and I also agree with comments re; suspect polls and propaganda etc. I have never lambasted either political side. It cannot possibly be of benefit to me or any one. We have to each assess the situation and make plans accordingly.

I just find it disheartening that some TV members are continually derogatory, use unsophisticated/obscene descriptions and cowardly personal attacks. Every day. Regardless.

These posters pounce on the political articles only. Never a positive comment, even on any other non political 'news' items.

[kblaze]

Interesting, I read all these articles about how bad Martial Law is by people in Thailand and many of the other Countries who do not have a clue about how bad corruption had gotten, still is, in Thailand.

I for one do not have any problem with Martial Law, but then I do not do anything wrong or against the law !!

It will take at least two or more years of weeding out the corruption, Hell it even goes to the top levels of the Police and Government Officials, according to what I read and my wife tells me is on the TV.

Another thing, I do not know the General/PM and therefore have no opinion about him, but a lot of the posting are by people who think they know almost everything about anything.

Good Citizen Good. The State will not harm you Citizen because you "do not do anything wrong". Now go back to sleep Citizen, don't worry the State is in control. Continue listening to your wife telling you what the TV is saying. The TV is right Citizen because the State controls the TV. Now go back to sleep.

More seriously, I ask you a simple question gchurch; do you believe in freedom of speech?

[KarenBravo]

Golly. What a surprise......

[Jai Dee]

A post referencing dictatorship and subsequent reply have been removed from this thread.

[lucky11]

Interesting, I read all these articles about how bad Martial Law is by people in Thailand and many of the other Countries who do not have a clue about how bad corruption had gotten, still is, in Thailand.

I for one do not have any problem with Martial Law, but then I do not do anything wrong or against the law !!

It will take at least two or more years of weeding out the corruption, Hell it even goes to the top levels of the Police and Government Officials, according to what I read and my wife tells me is on the TV.

Another thing, I do not know the General/PM and therefore have no opinion about him, but a lot of the posting are by people who think they know almost everything about anything.

Welcome to the 'sensible club'!!!

[lewy67]

Prayuth's version of the 1933 Enabling Act and look how that turned out.

Please don't stop there with your comparison.

What about a would-be dictator funding his own private army of thugs and terrorists who get sent out to beat up / murder opposition ?.

What about a police force who follow party orders and do not investigate anything against the party - such as the aforementioned terrorism ?

What about trying to remove the power of democratic checks+balances so that further 'laws' (amnesty or massive off-budget 'loans' perhaps) can be passed without interference ?.

What about putting a primitive, barbaric thug with contempt for anyone not a red-shirt in sole charge of the police, and promoting loyal henchmen, no matter how incompetent, to all the positions of power ?.

What about filling your government with loyal lackeys and family members, no matter how incompetent ?.

What about the murders of vocal opponents ?. How many is that for Mr T now ?

If you knew anything about what happened in the 30's, you would know that Mr T's attempt to take absolute power shares far more similarities than anything Prayuth has done. Luckily for Thailand, he is just a shallow and greedy man in a place where everyone can be bought and whose greed has been his own undoing. At least Hitler thought he was doing it for his country.

I for one believe 100% that Prayuth has no intention of holding on to power longer that he needs to. The country could move forward much quicker without the red-shirt terrorist threat - but their masters most certainly do not want any reforms.

Why can't you ever stay on topic. You obsession with this mysterious Mt T can't be good for you health old chap

[h90]

Prayuth's version of the 1933 Enabling Act and look how that turned out.

Please don't stop there with your comparison.

What about a would-be dictator funding his own private army of thugs and terrorists who get sent out to beat up / murder opposition ?.

What about a police force who follow party orders and do not investigate anything against the party - such as the aforementioned terrorism ?

What about trying to remove the power of democratic checks+balances so that further 'laws' (amnesty or massive off-budget 'loans' perhaps) can be passed without interference ?.

What about putting a primitive, barbaric thug with contempt for anyone not a red-shirt in sole charge of the police, and promoting loyal henchmen, no matter how incompetent, to all the positions of power ?.

What about filling your government with loyal lackeys and family members, no matter how incompetent ?.

What about the murders of vocal opponents ?. How many is that for Mr T now ?

If you knew anything about what happened in the 30's, you would know that Mr T's attempt to take absolute power shares far more similarities than anything Prayuth has done. Luckily for Thailand, he is just a shallow and greedy man in a place where everyone can be bought and whose greed has been his own undoing. At least Hitler thought he was doing it for his country.

I for one believe 100% that Prayuth has no intention of holding on to power longer that he needs to. The country could move forward much quicker without the red-shirt terrorist threat - but their masters most certainly do not want any reforms.

You forgot military training both in Thailand and Cambodia for his hard core followers.....That reminds me also to some German group of the 30s....

[lildragon]

Interesting, I read all these articles about how bad Martial Law is by people in Thailand and many of the other Countries who do not have a clue about how bad corruption had gotten, still is, in Thailand.

I for one do not have any problem with Martial Law, but then I do not do anything wrong or against the law !!

It will take at least two or more years of weeding out the corruption, Hell it even goes to the top levels of the Police and Government Officials, according to what I read and my wife tells me is on the TV.

Another thing, I do not know the General/PM and therefore have no opinion about him, but a lot of the posting are by people who think they know almost everything about anything.

If you are a driver or motorcyclist i would think you break the law regularly, we all do one way or another when on the road.

It will take much longer, if ever, to weed out corruption as it goes all the way to the top and irrespective of who is in power there's protection for many, only the chosen people of course.

You don't need to know someone in the public eye to get an idea of what he or she is about. The PM's rants and this absolute power issue don't worry you in the least then ? Maybe we foreigners can't vote or can't alter things but that doesn't mean what goes on will never affect us.

It's also interesting to note that why the opposition and police are rightly (if very heavy handily) being cracked down on that no internal investigations or transparency are being offered on other agencies. I.E. the military themselves. Why are they seemingly invincible from such things even though there are many reasons to look into them.

It takes two to tango.

[Lupatria]

Prayuth is definately not the sharpest knife in the drawer and one who certainly should not have ultimate power. It is just like giving and arsonist a can of petrol, a box of matches and saying use it wisely.

In this case one can only hope he smokes in bed.

[trainman34014]

The only thing that haunts him is 'losing' power.

Edited March 30, 2015 by trainman34014

[Denim]

Prayuth is definately not the sharpest knife in the drawer and one who certainly should not have ultimate power. It is just like giving and arsonist a can of petrol, a box of matches and saying use it wisely.

Not the sharpest knife ? That's a generous way of saying he's a spoon when it comes to cutting edge leadership.

[NongKhaiKid]

Interesting, I read all these articles about how bad Martial Law is by people in Thailand and many of the other Countries who do not have a clue about how bad corruption had gotten, still is, in Thailand.

I for one do not have any problem with Martial Law, but then I do not do anything wrong or against the law !!

It will take at least two or more years of weeding out the corruption, Hell it even goes to the top levels of the Police and Government Officials, according to what I read and my wife tells me is on the TV.

Another thing, I do not know the General/PM and therefore have no opinion about him, but a lot of the posting are by people who think they know almost everything about anything.

If you are a driver or motorcyclist i would think you break the law regularly, we all do one way or another when on the road.

It will take much longer, if ever, to weed out corruption as it goes all the way to the top and irrespective of who is in power there's protection for many, only the chosen people of course.

You don't need to know someone in the public eye to get an idea of what he or she is about. The PM's rants and this absolute power issue don't worry you in the least then ? Maybe we foreigners can't vote or can't alter things but that doesn't mean what goes on will never affect us.

It's also interesting to note that why the opposition and police are rightly (if very heavy handily) being cracked down on that no internal investigations or transparency are being offered on other agencies. I.E. the military themselves. Why are they seemingly invincible from such things even though there are many reasons to look into them.

It takes two to tango.

It's always the same no matter who gets into power as they protect their own and there's several applications of that so the ' under new management ' sign only goes so far.

Almost as soon as he took over the PM made it clear there would be no discussion on how some members of the NCPO, including his brother, became so rich.

More recently he saw nothing wrong with NLA hiring family members, in one case multiple members, as advisers. I know this is supposedly under review and unqualified advisers will apparently have to go but what's the bet we will hear nothing more about it except possible sometime in the future that everyone was found suitable.

The PM will probably tread carefully with his old pals in the army after all who better than him to know what they military is capable of.

Edited March 30, 2015 by NongKhaiKid

[bobbin]

Prayuth is definately not the sharpest knife in the drawer and one who certainly should not have ultimate power. It is just like giving and arsonist a can of petrol, a box of matches and saying use it wisely.

While he isn't the sharpest knife in the drawer he has good intentions.....I remember the arsonists downtown Bangkok and Thaksin when he tried to gain power of army, police and courts.......That is the arsonist you are looking for.

Our not so sharp Prayut is just cleaning up the mess 14 years of Shinawatras did to Thailand.

Absolute power would be good because it is just for a very limited time.

OMG! Have you been drinking retsina with Costas?

[martinhp]

It doesn't matter the lack of brain is haunting him too I don't know when his time is over but he is embaresing himself and thailand and running doors down which may never be opened again

He loose face every day and don't even understand ignorance must be a bless

[lildragon]

Interesting, I read all these articles about how bad Martial Law is by people in Thailand and many of the other Countries who do not have a clue about how bad corruption had gotten, still is, in Thailand.

I for one do not have any problem with Martial Law, but then I do not do anything wrong or against the law !!

It will take at least two or more years of weeding out the corruption, Hell it even goes to the top levels of the Police and Government Officials, according to what I read and my wife tells me is on the TV.

Another thing, I do not know the General/PM and therefore have no opinion about him, but a lot of the posting are by people who think they know almost everything about anything.

If you are a driver or motorcyclist i would think you break the law regularly, we all do one way or another when on the road.

It will take much longer, if ever, to weed out corruption as it goes all the way to the top and irrespective of who is in power there's protection for many, only the chosen people of course.

You don't need to know someone in the public eye to get an idea of what he or she is about. The PM's rants and this absolute power issue don't worry you in the least then ? Maybe we foreigners can't vote or can't alter things but that doesn't mean what goes on will never affect us.

It's also interesting to note that why the opposition and police are rightly (if very heavy handily) being cracked down on that no internal investigations or transparency are being offered on other agencies. I.E. the military themselves. Why are they seemingly invincible from such things even though there are many reasons to look into them.

It takes two to tango.

It's always the same no matter who gets into power as they protect their own and there's several applications of that so the ' under new management ' sign only goes so far.

Almost as soon as he took over the PM made it clear there would be no discussion on how some members of the NCPO, including his brother, became so rich.

More recently he saw nothing wrong with NLA hiring family members, in one case multiple members, as advisers. I know this is supposedly under review and unqualified advisers will apparently have to go but what's the bet we will hear nothing more about it except possible sometime in the future that everyone was found suitable.

The old 'sweep it under the rug and hope everyone forgets' techniques.

Does anyone know if any further investigation has gone on into this microphone scandal?

[Chris Lawrence]

The General has been a army/military person all his adult life. He ended up as the supreme commander of the military. His skill set has been formed by his lifetime experiences.

Whereas a politician needs another set of life skill set to do the job.

The General wants to change Thailand to something that appears to encapsulate all that might have been the norm for the 1950's. To this end the design of the new constitution wants to give power to a group that does not have the numbers to run a country. To enact clause 44, opposition will not have a voice as it may be seen as counter subversive to the running of the country.

If the General wants to survive he needs to develop as a politician. Unfortunately he appears to want to run the country as he did the military. It won't work.

As a politician there is the need to hear a healthy opposition, let people voice their opinion, develop quality social programs, distribution of equity via taxation to all parts of the kingdom (Bangkok appears to be the great winner), encourage new business ventures that have merit, let people vote. More could be added.

There also appears to be this "they won't listen to me" conspiracy fear as the way to enact this clause.

As the General is, he may also 'live by the sword, die by the sword' type of guy. How Thailand comes out of this, who knows?

[Docno]

Interesting, I read all these articles about how bad Martial Law is by people in Thailand and many of the other Countries who do not have a clue about how bad corruption had gotten, still is, in Thailand.

I for one do not have any problem with Martial Law, but then I do not do anything wrong or against the law !!

It will take at least two or more years of weeding out the corruption, Hell it even goes to the top levels of the Police and Government Officials, according to what I read and my wife tells me is on the TV.

Another thing, I do not know the General/PM and therefore have no opinion about him, but a lot of the posting are by people who think they know almost everything about anything.

"Another thing, I do not know the General/PM and therefore have no opinion about him, but a lot of the posting are by people who think they know almost everything about anything."

Hmmm... I guess that means that you never vote in elections back home because you don't personally know all the candidates.

[NongKhaiKid]

Post 28.

Let's consider how things are working these days. The media are unlikely to go looking for answers as they've been warned about criticism etc in no uncertain fashion and there's not even an ineffective parliamentary opposition to make a noise and demand answers.

No transparency or accountability unless authorised from the very top.