Lifting of martial law in Thailand gets the thumbs up

[webfact]

ARTICLE 44 INVOCATION
Lifting of martial law gets the thumbs up
THE NATION

Prime Minister Prayut Chan-o-cha talks to a foreign reporter yesterday at Government House after chairing the Cabinet meeting.

PM says public has nothing to fear about Article 44; business and tourism sectors expected to benefit from improved sentiment

BANGKOK: -- PRIME MINISTER Prayut Chan-o-cha yesterday sought royal approval for lifting martial law, which was imposed shortly before the coup in May last year, and replacing it with Article 44 of the interim charter.

The move was welcomed by the business sector, but a human-rights lawyer criticised it, saying conflicts of interest would persist under Article 44 as the prime minister would have more absolute power.

Prayut said after chairing a weekly Cabinet meeting that his power under Article 44 would be mainly used to arrest and detain quickly those violating security laws and committing severe crimes.

As head of the National Council for Peace and Order (NCPO), Prayut assured the public that ordinary folks had nothing to fear. He added that he was not doing it to remain in power but to enable the Kingdom to move forward "more conveniently".

"Don't just talk about freedom or democracy alone. I am [for] democracy. If I am not democratic, you people won't be around like this with me," he told reporters. "If you have done nothing wrong, why should you be worried?

"I need to use power under Article 44 of the provisional constitution to allow the authorities quickly to conduct searches and arrests without having to wait for a court warrant."

There would have to be five to six orders issued under Article 44, he said.

The maximum period for military detention without charge under Article 44 would be seven days, just like under martial law, and after the period the detainee would either be released or turned over to the police and prosecutors, depending on whether the person had violated any security law.

Under Article 44, civilians facing a military court will have the right to fight through the appeal and supreme military courts system. Absolute power under Article 44 will also be used to pass legislation that the previous government had failed to and the National Legislative Assembly may not have the time to or finds it difficult to pass.

Anon Nampa, a key member of the Thai Lawyers for Human Rights, reacted negatively to the latest development, saying conflicts of interest persisted.

All military court judges, said Anon, are under the chain of command of the Ministry of Defence and not truly independent. Defence Minister General Prawit Wongsuwan is also the deputy head of the NCPO, while those facing military courts for violating security law are opposed to the NCPO, Anon noted.

"Why don't they put these people through an ordinary court if they truly believe it's the same?" Anon asked.

As for Prayut's promise to use Article 44 to detain people without charge for no more than seven days, Anon said the junta leader could in the end extend that, given the absolute power he holds under Article 44.

'Article 44 little understood'

Meanwhile Isara Vongkusolkit, chairman of the Board of Trade and the Thai Chamber of Commerce, said the cancellation of martial law should create better sentiment for private enterprises, but would not help tourism, as the sector has been affected by other factors, mainly volatile currencies.

He said the tourism structure had been changed to rely on the global economy.

Darren Buckley, president of the American Chamber of Commerce in Thailand, said Article 44 was little understood by foreigners and the effectiveness of the changes in law on the confidence of tourists would depend on how the article is used by the prime minister, who now has the de facto power to control many things.

"The good news is that tourism has been increasing, and that is a positive sign. The fact that martial law can be lifted is also a positive sign, not just for tourists but also a positive sign that the government feels [that] perhaps the situation in Thailand is much more stable now," he said.

Ittirit Kinglake, president of the Tourism Council of Thailand, said tourists - especially from Western countries - would no longer worry about travelling to the country, as the government was lifting martial law.

"A new problem regarding concerns over civil-aviation safety is expected to hit tourism as well as the country's image. It needs to be solved as soon as possible," he said.

Nats Santivipanon, head of brand and communications of AXA Insurance, said that in principle insurance companies overseas would offer coverage to policyholders who travel in countries that are not under martial law.

Thai General Insurance Association chairman Anon Vangvasu said Article 44 was unlike martial law, as the latter affected insurance coverage for foreign travellers, adding that foreign countries are more concerned about martial law as it is seen as unsafe.

Article 44 is likely to give more power to the prime minister, but he said Article 44 was better than martial law as the latter covered the whole country. Under Article 44, the prime minister might consider each case individually, he said.

ML Jiriseth Sukhavasti, chief life officer at AIA Thailand, said international markets only knew about martial law, as insurance companies will not cover customers who travel to countries with this law. Therefore, even though Thailand has replaced martial law with Article 44, foreign insurance companies will cover their policyholders who travel in Thailand.

ARTICLE 44

What we know so far from

Prayut about the use of Article 44

 Search, arrest and detain people without charge for a period of no more than seven days like under martial law, specifically for people who violate security laws or |committing severe crimes;

 Enable civilians facing military court to fight through the appeal and supreme military courts;

 Passing of laws.

Source: http://www.nationmultimedia.com/politics/Lifting-of-martial-law-gets-the-thumbs-up-30257187.html

-- The Nation 2015-04-01

[gk10002000]

".... "If you have done nothing wrong, why should you be worried?.." Why because there is no review, or appeal. No independent civilian control. Who decides what is wrong? History has shown how power can corrupt.

[Somtamnication]

Nothing to worry if you have done nothing wrong. The problem is, a lot of people will be swept up and no one will know where they are, why they are arrested. Classic!

[tbthailand]

oh thank God, he opened his mouth again....

The clown car rolls on...

[tx22cb]

I feel for Prayuth, he says he's doing all this to bring harmony and happiness back to Thailand.

The last time someone gave himself this much power, that person was a Field Marshal.

Prayuth should give himself a well-deserved promotion, to distinguish him from a mere General.

Let's hope he uses his absolute power wisely and fairly.

[richard10365]

About tourism...the main factor to negatively impact the tourist industry in 2014 was political instability and not volatile currencies. Thailand was the only country in ASEAN in 2014 with negative tourism industry growth.

[NongKhaiKid]

" If I am not democratic, you people won't be around like this with me. "

Oh yes they will as they hang on your every word in order not to miss the next Richard Cranium thing you are going to say.

Edited March 31, 2015 by NongKhaiKid

[chooka]

".... "If you have done nothing wrong, why should you be worried?.." Why because there is no review, or appeal. No independent civilian control. Who decides what is wrong? History has shown how power can corrupt.

Not loving and eating the toe jam from Prayuth's feet is wrong. Submitting yourself 110% to prayuth is right, give him your soul and first born and you will have nothing to fear.

[chooka]

Love the glare from the foreign reporter, doesn't look like she is swallowing the guys propaganda rubbish

[MaxLee]

Witch hunt on fashion designers and social media kids has begun.....

the entire communication network in Thailand is in danger, brace yourselves....

Edited March 31, 2015 by MaxLee

[Chris Lawrence]

This is a throwback to the Sarit military regime, which was in power from 1958 to 1963. Field Marshal Sarit, a vigor­ous, hard‐drinking man who made no effort to conceal his private life, ruled Thailand with a decisive hand from 1957 when he seized power in a bloodless coup d'état until he died last Dec. 8 at the age of 55. He justified his actions by arguing for a return to Thai traditions of social law and order.

In 1964 his estate was valued at more than $140 million. He had over 100 'lesser wives'. He banned political parties, and strict censorship. He brought a crackdown on 'leftists' and anyone he opposed his style of governing. It was also a time of continuing corruption.

I am not saying the General has lesser wives as I think his number one would not let him?

[NongKhaiKid]

Funny thing, the BP website has a ' thumbs down ' story citing the fears of human rights groups etc.

So who wins the battle of the thumbs, the PMs pals in big business or those who see the potential for misuse ?

No Contest !

[rubl]

Since article 44 is in the Interim Constitution, with Martial Law being lifted, people get concerned ?

[JOC]

You can polish a turd, but it is still a turd............................

[DM07]

There's a storm coming!

[rubl]

There's a storm coming!

The weather forecast doesn't mention anything for this week. Mind you, I only checked for Bangkok

[Halion]

Pure propaganda, Gets the thumbs up from who ? Writing anything even resembling factual is lost on this nation. Article 44,simply a precursor for dictatorship. The potential for democracy is wiped out forever with one stroke of the pen. Another Mussolini .

[wabothai]

Ordinary people have nothing to fear. Are you deciding who is ordinary mr. general?

I am an ordinary guy with a big mouth.

[phoenixdoglover]

So much for the NLA. Ungrateful wretches.

[wabothai]

I would love to witness a newsconference with the foreign press on non-Thai soil.

I am sure they will bury him.

[Srikcir]

"I need to use power under Article 44 of the provisional constitution to allow the authorities quickly to conduct searches and arrests without having to wait for a court warrant."

Same-same under martial law. Only the words change but not the power.

The Thai people remain a conquered people under Article 44. The 4 million Malay-Thais in South Thailand might find some irony in that given their own subjugation by the Thai authorities for the past several decades.

[NeilSA1]

Maybe there is no real change re; martial law and Article 44 and people can argue about this for ever, but there is one definite benefit from the change -

"insurance companies overseas would offer coverage to policyholders who travel in countries that are not under martial law."

[NeilSA1]

".... "If you have done nothing wrong, why should you be worried?.." Why because there is no review, or appeal. No independent civilian control. Who decides what is wrong? History has shown how power can corrupt.

Not loving and eating the toe jam from Prayuth's feet is wrong. Submitting yourself 110% to prayuth is right, give him your soul and first born and you will have nothing to fear.

crass - definition of crass by The Free Dictionary

www.thefreedictionary.com/crass So crude and unrefined as to be lacking in discrimination and sensibility.

[Oziex1]

But bein' this is. article 44 , the most powerful legislation in Thailand, and it'll blow Democracy and Civil rights clean away, you've got to ask yourself a question. Do you feel happy Thailand? Well, do ya,

[JOC]

The power of the legislative, the executive and the judiciary branches in the hands of one bad tempered man gets the thumbs up??

From Who? Robert Mugabe?

[Baerboxer]

The power of the legislative, the executive and the judiciary branches in the hands of one bad tempered man gets the thumbs up??

From Who? Robert Mugabe?

Doubt Robert is happy - he's Thaksin and the Shin clan's mate.

[Alwyn]

" the prime minister would have more absolute power"... eh? How can you have 'more'? If you can have more it isn't absolute to start. Which it is.

[Whyamiandwhatamidoinghere]

"There's nothing to fear but Fear itself"

[sgtsabai]

Thumbs up? oh it is 01 April.

[oneday]

"..."I need to use power under Article 44 of the provisional constitution to allow the authorities quickly to conduct searches and arrests without having to wait for a court warrant..."

...and there goes probable cause...is there any right that hasn't been touch yet?