Article 44: New govt order 'more worrying'

[webfact]

ARTICLE 44
New junta order 'more worrying'
PRAVIT ROJANAPHRUK
THE NATION



US and UN join rights group in criticising the govt's replacement to martial law

BANGKOK: -- THE GOVERNMENT may have received some plaudits for lifting martial law from the local business community, notably the tourism sector, but the international community, especially the United States and the United Nations, besides rights groups have lashed out at the government for invoking Article 44 of the interim charter.

The National Council for Peace and Order (NCPO) replaced martial law with a 14-point order under Article 44, authorising Prime Minister Prayut Chan-o-cha, as the junta chief, to have unlimited power to handle security and political matters.

The UN High Commissioner for Human Rights, Zeid Ra'ad al-Hussein, yesterday expressed "alarm" at the decision to invoke Article 44, saying it bestowed unfettered authority on the head of the military government.

"Normally I would warmly welcome the lifting of martial law - and indeed strongly advocated for it to be lifted in Thailand," Hussein said. "But I am alarmed at the decision to replace martial law with something even more draconian, which bestows unlimited powers on the current prime minister without any judicial oversight at all.

"This clearly leaves the door wide open to serious violations of fundamental human rights. I appeal to the government to ensure that these extraordinary powers, even if provided for by the interim constitution, will nevertheless not be exercised imprudently."

A US State Department official said Washington expected the Thai military to end trials of civilians in military courts and detention without charge and to allow people to express their opinions freely.

"We are concerned that moving to a security order under Article 44 will not accomplish any of these objectives," the official was quoted as saying by Agence France-Presse.

The business sector, however, was optimistic about the positives from the ending of martial law. The tourism sector believes it would allow people to get travel insurance. Unlike martial law, Article 44 will have no impact on foreign tourists or general people, said Anon Vangvasu, president of the Thai General Insurance Association. Up to now, foreign insurance companies have been unable to offer travel protection to their customers, he said.

Thanavath Phonvichai, adviser to the Thai Chamber of Commerce and director of the Economic and Business Forecasting Centre, said Article 44 should be judged by how the powers are used and whether it improves efficiency and create peace for the long term.

But Saman Zia-Zarifi, International Commission of Jurists regional director for Asia and the Pacific, said Article 44 did not address significant concerns about the human-rights situation in Thailand and was in fact even more worrying than martial law.

"In some ways it increases |concerns because the new orders are essentially arbitrary, since [orders] are issued under Article 44 instead of existing frameworks like through martial law, the Internal Security Act and the emergency decree, where there are precedents," he said.

Zia-Zarifi cited a number of problematic details of the new junta order, which includes designating officers to maintain peace and order. These are military personnel assuming the role of police investigators. It also allows searches without a warrant, seven-day detentions without charge at an informal facility, restrictions on freedom of expression, and restrictions on the political assembly of more than four persons.

The security officers enjoyed impunity under orders 13 and 14 of Article 44, he said, and warned that this boded ill and heightened the risk of forced disappearance and torture.

Matthew Wheeler, Bangkok-based Southeast Asia analyst at the International Crisis Group, said that if the replacement of martial law with Article 44 was designed to reassure the international community, and that the NCPO's exercise of power was benign, it might be a forlorn measure.

"The government retains the relevant powers it had under martial law. Article 44 is even broader in scope than Article 17 of the 1959 Constitution [exercised by Field Marshal Sarit Thanarat], because it allows the head of the NCPO to take actions in the interest of not only national security but also 'reform' and 'national unity'," he said.

Shawn Crispin, senior Southeast Asia representative for the New York-based Committee to Protect Journalists, said Article 44 posed a "clear and present danger to journalists". He said that if the government were serious, it should not pass laws that suppressed or censored the press.

Source: http://www.nationmultimedia.com/politics/New-junta-order-more-worrying-30257325.html


-- The Nation 2015-04-03

[EnzoRippo]

This article is useless. Junta leader will do what he wants. Period.

It will be the addition of the measures under art. 44 + martial low.

Example: prohibiting broadcast. Under article 44, he could not prohibit broadcast anymore. Who believe he will refrain himself to prohibit anything?

[yellowboat]

Is there not a threat to peace clause which allows the good general to change the "NO" boxes into "YES" ?

[Just1Voice]

"I am a democratic soldier!"

Could have fooled the hell out of me!

[apalink_thailand]

Seems to me that this Act seems to weaken the power of the BIB more than anything.

[Commerce]

This article is useless. Junta leader will do what he wants. Period.

It will be the addition of the measures under art. 44 + martial low.

Example: prohibiting broadcast. Under article 44, he could not prohibit broadcast anymore. Who believe he will refrain himself to prohibit anything?

It isn't useless. What it declares, in effect, in Item 14, absolves any action taken by any army member above minimal positions when taking advantage of the general public for personal gain/s. It offers a free-for-all by the army, and that is what many people clearly cannot see. That is its use.

[Commerce]

How many threads on Article 44 are we going to have? Same as the Koh Tao one .. ?

As many as it takes to confuse people into submission??

[Cpkt8]

Power if in the hands of the wrong guys would be abused and cause threat to the lives of people.

Quote from Superman movie: With great power comes great responsibility

[Suffinator]

There's a simple answer ... SANCTIONS. Squeeze them and squeeze them hard. You start cutting off the supply of money and watch the economy in free fall and they'll have few choices but to comply with international law and uphold their UN membership requirements.

[Felipesed]

There's a simple answer ... SANCTIONS. Squeeze them and squeeze them hard. You start cutting off the supply of money and watch the economy in free fall and they'll have few choices but to comply with international law and uphold their UN membership requirements.

I believe you have chosen to no longer live here, and therefore you should not be commenting as it does not concern you.

Sent from my iPad using Tapatalk

[Lupatria]

[canuckamuck]

There is no sense discussing anymore whether or not this is a good thing. It's done

Now it is up to one person to control the fate of 60 plus million citizens. To repair their country, destroy it, enslave it or advance it.

Nothing can be done. Everything rides on his character. The right guy could do a lot of good in this situation.

But we all saw Bruce Almighty right?

[bobmac10]

The facists who regularly subscribe to this forum, Rubl, Robblok, Costas, TVgerry, MikeMc, JDinasia et al, will be scratching their heads and wondering what all the fuss is about.

They still serve cold beer at the bar, can still watch sport on the big screen, can still go shopping at the mall.

Nicely insulated from the reality of Thai life.

Not so fun for the families of those detained for just speaking out against or voicing an opinion against the coup.

No doubt they all came from democratic countries where free speech is a right for everyone.

I suppose the facists would prefer to see this right removed at home too?

Better to have a military man in charge eh?

You all make me sick, in your comfortable expat world, offering your sycophantic excuses for these nazis.

I suspect you're not smart enough to even understand the real reason for this Junta taking over.

You still cling to the pathetic story that it's all for the good of Thailand's people.

You dimwits, none so blind as those who will not see.

[englansi]

The facists who regularly subscribe to this forum, Rubl, Robblok, Costas, TVgerry, MikeMc, JDinasia et al, will be scratching their heads and wondering what all the fuss is about.

They still serve cold beer at the bar, can still watch sport on the big screen, can still go shopping at the mall.

Nicely insulated from the reality of Thai life.

Not so fun for the families of those detained for just speaking out against or voicing an opinion against the coup.

No doubt they all came from democratic countries where free speech is a right for everyone.

I suppose the facists would prefer to see this right removed at home too?

Better to have a military man in charge eh?

You all make me sick, in your comfortable expat world, offering your sycophantic excuses for these nazis.

I suspect you're not smart enough to even understand the real reason for this Junta taking over.

You still cling to the pathetic story that it's all for the good of Thailand's people.

You dimwits, none so blind as those who will not see.

Very interesting, but pardon me for pointing out that someone mis-using terms such as fascist or nazi (NSDAP defunct since 1945) just looks like malicious vituperation to me and therefore renders what may have been an interesting point void.

As for being blind - Every man takes the limits of his own field of vision for the limits of the world. Schopenhauer.

Please make a blind man such as me see your point please, sans unnecessary verbiage. I would particularly, and genuinely, be interested in the real reason for the take over.

[smedly]

I think invoking emergency powers asks a few questions

1. Is it necessary to maintain peace and order on the streets of Thailand at the moment ?

2. What do people think would happen if these emergency powers were not in place ?

3. Are there divisive elements in Thailand that would escalate trouble if they were not in place ?

4. Should the administration invoke these powers to prevent trouble or wait until it happens ?

I know what my answer is to all of the above - what is yours

http://www.thaivisa.com/forum/topic/814366-dr-visanu-section-44-is-needed-to-deal-with-ill-intent-elements/

Edited April 3, 2015 by smedly

[bobmac10]

Oh sorry, I forgot to include Smedly in that list.

[Benmart]

For in reason, all government without the consent of the governed is the very definition of slavery.

Jonathan Swift

[retsdon]

The facists who regularly subscribe to this forum, Rubl, Robblok, Costas, TVgerry, MikeMc, JDinasia et al, will be scratching their heads and wondering what all the fuss is about.

They still serve cold beer at the bar, can still watch sport on the big screen, can still go shopping at the mall.

Nicely insulated from the reality of Thai life.

Not so fun for the families of those detained for just speaking out against or voicing an opinion against the coup.

No doubt they all came from democratic countries where free speech is a right for everyone.

I suppose the facists would prefer to see this right removed at home too?

Better to have a military man in charge eh?

You all make me sick, in your comfortable expat world, offering your sycophantic excuses for these nazis.

I suspect you're not smart enough to even understand the real reason for this Junta taking over.

You still cling to the pathetic story that it's all for the good of Thailand's people.

You dimwits, none so blind as those who will not see.

Very interesting, but pardon me for pointing out that someone mis-using terms such as fascist or nazi (NSDAP defunct since 1945) just looks like malicious vituperation to me and therefore renders what may have been an interesting point void.

As for being blind - Every man takes the limits of his own field of vision for the limits of the world. Schopenhauer.

Please make a blind man such as me see your point please, sans unnecessary verbiage. I would particularly, and genuinely, be interested in the real reason for the take over.

Certain people want to ensure that they, and they alone, have a firm grip on the back of the chair when the music stops.

[gchurch259]

Where was the Media when some members of the previous/several past government where robbing the Thai people through corruption right up to and past the Head of the Criminal Investigation Bureau, PM's, MP's. Corruption is a CANCER !!

Most of the outside World doe not know, they only know what the Media decides to pass out.

Thailand is in uncharted waters, no other person/group has tried to make the necessary changes in Thailand.

Dear General/PM keep flushing the device until the water is clean, and do something about the usless killing in the South, Thank you for your service from a Farang Guest in this Country !!

[JOC]

Where was the Media when some members of the previous/several past government where robbing the Thai people through corruption right up to and past the Head of the Criminal Investigation Bureau, PM's, MP's. Corruption is a CANCER !!

Most of the outside World doe not know, they only know what the Media decides to pass out.

Thailand is in uncharted waters, no other person/group has tried to make the necessary changes in Thailand.

Dear General/PM keep flushing the device until the water is clean, and do something about the usless killing in the South, Thank you for your service from a Farang Guest in this Country !!

Mr Brown Tongue. What a sad post!!

Another farang, who thinks everything is okay as long as the beer is still served cold and sport is shown on big screen.

May I suggest you read Art 44 twice.

Ah never mind, it is a waste of time, so I will leave it there..................

[JOC]

The facists who regularly subscribe to this forum, Rubl, Robblok, Costas, TVgerry, MikeMc, JDinasia et al, will be scratching their heads and wondering what all the fuss is about.

They still serve cold beer at the bar, can still watch sport on the big screen, can still go shopping at the mall.

Nicely insulated from the reality of Thai life.

Not so fun for the families of those detained for just speaking out against or voicing an opinion against the coup.

No doubt they all came from democratic countries where free speech is a right for everyone.

I suppose the facists would prefer to see this right removed at home too?

Better to have a military man in charge eh?

You all make me sick, in your comfortable expat world, offering your sycophantic excuses for these nazis.

I suspect you're not smart enough to even understand the real reason for this Junta taking over.

You still cling to the pathetic story that it's all for the good of Thailand's people.

You dimwits, none so blind as those who will not see.

Spot on!! The best post in a long time!!

In my original reply I said a little more, but the post vanished, maybe it fell victim of Art 44??

[Commerce]

The facists who regularly subscribe to this forum, Rubl, Robblok, Costas, TVgerry, MikeMc, JDinasia et al, will be scratching their heads and wondering what all the fuss is about.

They still serve cold beer at the bar, can still watch sport on the big screen, can still go shopping at the mall.

Nicely insulated from the reality of Thai life.

Not so fun for the families of those detained for just speaking out against or voicing an opinion against the coup.

No doubt they all came from democratic countries where free speech is a right for everyone.

I suppose the facists would prefer to see this right removed at home too?

Better to have a military man in charge eh?

You all make me sick, in your comfortable expat world, offering your sycophantic excuses for these nazis.

I suspect you're not smart enough to even understand the real reason for this Junta taking over.

You still cling to the pathetic story that it's all for the good of Thailand's people.

You dimwits, none so blind as those who will not see.

Spot on!! The best post in a long time!!

In my original reply I said a little more, but the post vanished, maybe it fell victim of Art 44??

or too logical?

Maybe this is how Prayuth feels each night?

https://www.youtube.com/watch?v=OQfjIw3mivc

[BeefSlapper]

Isn't it US Patriot Act the same thing?

[lildragon]

The facists who regularly subscribe to this forum, Rubl, Robblok, Costas, TVgerry, MikeMc, JDinasia et al, will be scratching their heads and wondering what all the fuss is about.

They still serve cold beer at the bar, can still watch sport on the big screen, can still go shopping at the mall.

Nicely insulated from the reality of Thai life.

Not so fun for the families of those detained for just speaking out against or voicing an opinion against the coup.

No doubt they all came from democratic countries where free speech is a right for everyone.

I suppose the facists would prefer to see this right removed at home too?

Better to have a military man in charge eh?

You all make me sick, in your comfortable expat world, offering your sycophantic excuses for these nazis.

I suspect you're not smart enough to even understand the real reason for this Junta taking over.

You still cling to the pathetic story that it's all for the good of Thailand's people.

You dimwits, none so blind as those who will not see.

I think they are ordered to like them by their Thai wives and are too gutless to dis-agree.

[BeefSlapper]

[JAG]

Where was the Media when some members of the previous/several past government where robbing the Thai people through corruption right up to and past the Head of the Criminal Investigation Bureau, PM's, MP's. Corruption is a CANCER !!

Most of the outside World doe not know, they only know what the Media decides to pass out.

Thailand is in uncharted waters, no other person/group has tried to make the necessary changes in Thailand.

Dear General/PM keep flushing the device until the water is clean, and do something about the usless killing in the South, Thank you for your service from a Farang Guest in this Country !!

PS : your boots taste nice!

[h90]

Power if in the hands of the wrong guys would be abused and cause threat to the lives of people.

Quote from Superman movie: With great power comes great responsibility

Yes, very true, what a luck that the army stepped in and stopped the power abuse of the Shinawatra clan.

[LannaGuy]

Where was the Media when some members of the previous/several past government where robbing the Thai people through corruption right up to and past the Head of the Criminal Investigation Bureau, PM's, MP's. Corruption is a CANCER !!

Most of the outside World doe not know, they only know what the Media decides to pass out.

Thailand is in uncharted waters, no other person/group has tried to make the necessary changes in Thailand.

Dear General/PM keep flushing the device until the water is clean, and do something about the usless killing in the South, Thank you for your service from a Farang Guest in this Country !!

what drivel

[smedly]

Where was the Media when some members of the previous/several past government where robbing the Thai people through corruption right up to and past the Head of the Criminal Investigation Bureau, PM's, MP's. Corruption is a CANCER !!

Most of the outside World doe not know, they only know what the Media decides to pass out.

Thailand is in uncharted waters, no other person/group has tried to make the necessary changes in Thailand.

Dear General/PM keep flushing the device until the water is clean, and do something about the usless killing in the South, Thank you for your service from a Farang Guest in this Country !!

Mr Brown Tongue. What a sad post!!

Another farang, who thinks everything is okay as long as the beer is still served cold and sport is shown on big screen.

May I suggest you read Art 44 twice.

Ah never mind, it is a waste of time, so I will leave it there..................

nobody here is under any illusion what martial law or article 44 means, what you and you ilk fail to realise is why it is needed, many western countries have and on occasion invoked special laws and powers to deal with violent internal threats, it is common and natural - the key is making sure there is justification for such action, remember this time last year Thailand was on the verge of civil war with terrorist factions arming themselves and training

we understand that there are elements in Thailand that resort to murder and violence to achieve their goals and to disrupt the process of much needed reforms that will see an end to their rule by fear and intimidation and remove their ability to rob from the Thai people, until these reforms are put in place these elements need to be silenced and if possible removed from Thai society along with their supreme leader Thaksin Shinawatra who runs and funds the whole nasty business from his safe haven in Dubai

If you and your ilk don't get that then it truly is a waste of time, I suspect your motives for supporting these thugs is far from honourable, why not run along and post your evil propaganda elsewhere

[peecee]

The facists who regularly subscribe to this forum, Rubl, Robblok, Costas, TVgerry, MikeMc, JDinasia et al, will be scratching their heads and wondering what all the fuss is about.

They still serve cold beer at the bar, can still watch sport on the big screen, can still go shopping at the mall.

Nicely insulated from the reality of Thai life.

Not so fun for the families of those detained for just speaking out against or voicing an opinion against the coup.

No doubt they all came from democratic countries where free speech is a right for everyone.

I suppose the facists would prefer to see this right removed at home too?

Better to have a military man in charge eh?

You all make me sick, in your comfortable expat world, offering your sycophantic excuses for these nazis.

I suspect you're not smart enough to even understand the real reason for this Junta taking over.

You still cling to the pathetic story that it's all for the good of Thailand's people.

You dimwits, none so blind as those who will not see.

you get my like!!