Article 44 legitimises PM Prayut's powers

[webfact]

Article 44 legitimises PM Prayut's powers
THE NATION



JUNTA CHIEF PROMISES CONSTRUCTIVE USE OF LEGAL TOOL AMID WIDESPREAD CRITICISM

BANGKOK: -- EVEN AS international right groups slammed the plan to enforce Article 44 of the interim charter that gives the junta leader unlimited power, government officials jumped to its defence, claiming the versatile legal instrument that replaces martial law will be utilised to cope with several problems in the country.

Prime Minister Prayut Cha-o-cha, who heads the National Council for Peace and Order (NCPO), promised yesterday to enforce the law constructively to solve deep-rooted societal problems such as income inequality, abuse of forestry resources, human trafficking, aviation standards and even overpriced lottery tickets.

He pointed to the failure of past civil administrations in addressing these problems, which had held back the country's development. He said that since staging the coup on May 22 last year, he had wanted to solve these problems and he was aspiring for no personal gains.

The government's legal experts said Article 44 allowed the junta to take some key components from three draconian laws to tackle security and political troubles.

The article comprises authority granted under the martial law, the emergency decree and the Internal Security Act to ensure maximum efficiency in enforcing the military government's authority in dealing with the issue of lottery-ticket prices and civil-aviation regulations, apart from combating human trafficking in the fishery industry.

Although Article 44 does not yet have variable measures of its own, pending details to be worked out by the government's legal adviser, it will yield outcomes similar to those imposed by the martial law, but will carry different penalties, said Panitan Wattanayagorn, an adviser to Deputy Prime Minister and Defence Minister Prawit Wongsuwan.

Organic regulations will be issued after Article 44 becomes effective, once martial law has been revoked officially under a royal command, which will be published in the Royal Gazette.

"The security agencies have insisted that there is still need for a tool to deal with public gatherings to suppress violence after martial law is revoked, but Article 44 will be more open to allowing peaceful political activities and expression," said Panitan, who is also an academic at Chulalongkorn University. "Article 44 is expected to ease political tension both domestically and internationally."

A high-ranking security source said the guidelines under martial law would be implemented to cope with political violence or disturbance, but their intensity would decrease and the measures partially enforced, not wholly as when martial law was imposed previously.

The organic regulations under Article 44 would contain details on certain actions by police and soldiers - what they would be allowed or not allowed to do, including clear-cut definitions of authority for them to conduct raids or make arrests. Certain regulations under the article will carry criminal penalties for wrongdoers, he added.

A military source said that as the chief of the NCPO, Prayut already had the power to override authority exercised by the judiciary, executive and legislative branches. Article 44 only legally endorses such power.

"He never exercised this power against groups of people whose activities had affected national security, but only used it carefully to amend necessary laws and execute his power as the prime minister," the source said.

Meanwhile, Interior Minister Anupong Paochinda urged the public to embrace the imposition of Article 44 in exchange for peace and order within the society.

"One of the most devastating setbacks to the country that happened in the recent past has been domestic conflict. I do not want the country to return to that situation. Therefore, some laws are needed for peace and order," Anupong said.

The interior minister, who is also a member of the NCPO, said: "I want the public to accept that peace and order may come with the cost of stricter law and law enforcement."

Reacting to reports that the use of Article 44 may draw some international criticism and sanctions, Anupong said the international community was concerned about martial law, so that has been removed.

This will benefit the country, he said, but insisted that "normal" laws are sufficient to ensure the country's security.

Source: http://www.nationmultimedia.com/politics/Article-44-legitimises-PM-Prayuts-powers-30257222.html


-- The Nation 2015-04-02

[lostoday]

I don't see what all the fuss is about. This was thoroughly covered in 1953 by Joseph Heller although I believe the article was 22 not 44. I'm sure the book is being used as a manual for the current developments.

[cloudhopper]

I don't see what all the fuss is about. This was thoroughly covered in 1953 by Joseph Heller although I believe the article was 22 not 44. I'm sure the book is being used as a manual for the current developments.

More like Mein Kampf. The parallels are frightening.

[yellowboat]

"Article 44 is expected to ease political tension both domestically and internationally."

Carefully chosen words from the academic. Also could be the straw that breaks the camel's.

[Homeropec]

I am really pity if Khon Thais are still not able to foreseen the implications of that article and the Junta. History worldwide tell us that when military size the political power, the outcomes is ALWAYS WORSE for the entire population and ALWAYS profitable for the elite and godfathers

[Always18]

" A military source said that, as the chief of the NCPO, Prayut already had the power to override authority exercised by the judiciary, executive and legislative branches. Article 44 only legally endorses such power."

Or, in layman's terms, "Before this, Prayut was beneath the law, now he is above it."

[maidee]

from now one, better watch out what you type here

[wabothai]

interesting , only 6 reactions to this super major news article.

Yes that is what 44 does to us.

[Jim walker]

Prime Minister Prayut Cha-o-cha, who heads the National Council for Peace and Order (NCPO), promised yesterday to enforce the law constructively to solve deep-rooted societal problems such as income inequality, abuse of forestry resources, human trafficking, aviation standards and even overpriced lottery tickets. The makings of a grate global leader and diplomat but only in another life.

[lildragon]

They military had absolute control in Burma for the mast 70 odd years. Those years of military rule were wonderful for the Burmese people.....

Funnily enough junta cheer leaders accuse Thaksin of wanting to be an all powerful 'eternal president'. Well now you have one, answerable to nobody and no election date in sight. Some of you asked for this, be careful what you wish for.

[Srikcir]

Article 44 legitimizes PM Prayut's power?

It's a historical event.

Article 44 as well as the rest of the Interm Charter including draconian Article 17 was endorsed in July 2014 as the nation's rule of law. It has since then been entirely Prayut's decision as to when and to what extent he CHOOSES to personally impose laws under Article 44. Prayut doesn't need any further authority to act under Article 44.

[Suffinator]

I wonder how the international community is going to react. Will they sit idly by and watch a dictator rule with impunity as they did with Burma or will they have learned the lesson and start piling on sanctions in an attempt to bring back democracy?

I wonder how long it will take Prayut to once and for all silence the press ... the amount of power he now holds with no oversight or restraint is frightening.

We can thank our lucky stars we are not Thai and that the opportunity to leave is merely a matter of choice.

[Thailand]

Who do you think will be in power this time next year?

[JOC]

I am really pity if Khon Thais are still not able to foreseen the implications of that article and the Junta. History worldwide tell us that when military size the political power, the outcomes is ALWAYS WORSE for the entire population and ALWAYS profitable for the elite and godfathers

That is the whole point of anything taken place within the last 10 months, isn't it??

[JOC]

Who do you think will be in power this time next year?

Mr P, Mr P or Mr P ??

Come on, we are smart guys here on the forum, so a more difficult riddle next time please!!

[Thailand]

Who do you think will be in power this time next year?

Mr P, Mr P or Mr P ??

Come on, we are smart guys here on the forum, so a more difficult riddle next time please!!

OK -Who do you think will be in power this time next year, the year after that and --------?

[NCFC]

If this law had been enacted under Yingluck's tenure this board would have been in meltdown.

Now Uncle Barmee has absolute power and the guns.

[Baerboxer]

I don't see what all the fuss is about. This was thoroughly covered in 1953 by Joseph Heller although I believe the article was 22 not 44. I'm sure the book is being used as a manual for the current developments.

More like Mein Kampf. The parallels are frightening.

I read Mein Kampf many years ago.

What parallels do you see?

[greenchair]

Who do you think will be in power this time next year?

Mr P, Mr P or Mr P ??

Come on, we are smart guys here on the forum, so a more difficult riddle next time please!!

OK -Who do you think will be in power this time next year, the year after that and --------?

Mrs p ?

[greenchair]

Well that stopped everybody talking about the constitution.

I guess at this point people will be grateful to get even a smidgen of an elected government back.

[brucec64]

Who do you think will be in power this time next year?

Mr P, Mr P or Mr P ??

Come on, we are smart guys here on the forum, so a more difficult riddle next time please!!

It will be a hotly contested race between the head of the NCPO and the current PM.

[NCFC]

So many absent friends on this thread

[diehard60]

And let the games begin.

[Tokay]

I am really pity if Khon Thais are still not able to foreseen the implications of that article and the Junta. History worldwide tell us that when military size the political power, the outcomes is ALWAYS WORSE for the entire population and ALWAYS profitable for the elite and godfathers

Speaking of Godfathers, did everyone see The Godfather of Chonburi just got a Royal pardon and is now a free man? I'm and about 1800 others, along with some other big guys.

You can't make this stuff up. Looks like they are getting the band back together again.

[retsdon]

It's just a matter of time before contrary opinion is dangerous. On Thai boards, it probably is already. The posters on Thaivisa who criticize the junta are getting a free pass because their viewpoints are not influencing the local population. We are irrelevant.

For those posters who support this legislation, I have a question. Would YOU want to be at risk for saying what you think? If the answer is no, then your position is untenable.

Anyway, at the end of the day we all know what this is about. Thaksin and Yingluk might have been dodgy, but that's not the issue. This whole situation came about because certain people wanted a firm hold on the chair when the music stopped. Even the venal Democrats couldn't be trusted with the job. Nothing will change until the band stops playing and the chairs are reorganized. Until then, just hunker down.

[retsdon]

It's just a matter of time before contrary opinion is dangerous. On Thai boards, it probably is already. The posters on Thaivisa who criticize the junta are getting a free pass because their viewpoints are not influencing the local population. We are irrelevant.

For those posters who support this legislation, I have a question. Would YOU want to be at risk for saying what you think? If the answer is no, then your position is untenable.

Anyway, at the end of the day we all know what this is about. Thaksin and Yingluk might have been dodgy, but that's not the issue. This whole situation came about because certain people wanted a firm hold on the chair when the music stopped. Even the venal Democrats couldn't be trusted with the job. Nothing will change until the band stops playing and the chairs are reorganized. Until then, just hunker down.

[wabothai]

He had better watch out for his own generals. They may not like his doings.

[Redline]

promised yesterday to enforce the law constructively to solve deep-rooted societal problems such as income inequality, abuse of forestry resources, human trafficking, aviation standards and even overpriced lottery tickets~Jeez, he can do all this in a few months? If so, he should be Prime Minister, like forever~especially the lottery tickets~I've been praying for somone to fix that! I also propose a commitee to make it rain ONLY at night

[retsdon]

"Article 44 legitimises PM Prayut's powers"

That depends on ones interpretation of the verb legitimize.

[lostoday]

At some stage power in this land will return to civilians, what will become of Prayuth then? If he is jailed then we will know that Thailand is finally free, if he remains free then we will know that democracy has yet to take hold and the people are not yet sovereign.

You must know something I don't. When was this governed by civilians?