Orders issued under Article 44

[webfact]

ARTICLE 44 IN PROVISIONAL CHARTER
Orders issued under Article 44

BANGKOK: -- Here is a summarised version of the 14-point Order on Maintaining Public Order and National Security, issued on Wednesday night by Prime Minister and National Council for Peace and Order head General Prayut Chan-o-cha, to replace martial law.

Item 1: This order shall come into force from the date of its publication in the Government Gazette.

Item 2: A "peace and order-maintaining officer" refers to a military officer with the rank of sub-lieutenant and a pilot officer or above appointed by the NCPO head to act in accordance with this order. An "assistant peace and order-maintaining officer" refers to a military officer of a lower rank than sub-lieutenant or a pilot officer appointed by the NCPO head to act in accordance with this order.

Item 3: Peace and order-maintaining officers shall act swiftly to prevent and suppress offences against the monarchy and state security, and offences under the laws on weapons and announcements or orders by the NCPO.

Item 4: Peace and order-maintaining officers have the power to summon persons and documents, make arrests, help or take part in investigations of offences under Item 3, conduct searches, seize or freeze assets, and carry out other acts assigned by the NCPO.

Item 5: Peace and order maintaining officers are empowered to issue orders prohibiting the distribution of news, publications and other media deemed to cause fear, contain distorted facts, or likely cause public misunderstanding that affects national security or public order.

Item 6: Peace and order-maintaining officers are empowered to detain suspected violators summoned for questioning for no more than seven days. Such detention must be carried out on premises other than police stations, detention facilities, or prisons, and the detainee shall not be treated as an accused person.

Item 7: Assistant peace and order-maintaining officers shall perform duties as ordered or assigned by peace and order-maintaining officers.

Item 8: Peace and order-maintaining officers and their assistants shall be regarded as authorised officers under the Penal Code, and as administrative officers or police officers under the Code of Criminal Procedure.

Item 9: Any person who contravenes or fails to comply with orders issued by a peace and order-maintaining officer or an assistant on duty shall be punished with imprisonment not exceeding one year or a fine of no more than Bt20,000, or both.

Item 10: Any person who resists or obstructs a peace and order-maintaining officer or an assistant on duty shall be punished with imprisonment not exceeding one year or a fine of no more than Bt20,000, or both.

Item 11: Peace and order-maintaining officers may allow the release of individuals detained under this order, with or without conditions. Conditions for release include not leaving the country. Those who fail to comply with conditions of release shall be punished with imprisonment not exceeding one year or a fine of no more than Bt20,000, or both.

Item 12: Political gatherings of five or more persons shall be punished with imprisonment not exceeding six months or a fine of no more than Bt10,000, or both, unless permission has been granted by the NCPO head or an authorised representative. Offenders who voluntarily agree to receive corrective training for no more than seven days may be released with or without conditions. Those who fail to comply with the conditions of release shall be punished with imprisonment not exceeding six months or a fine of no more than Bt10,000, or both.

Item 13: Actions under this order are not subject to the laws on administrative procedures and the Law on the Establishment of the Administrative Court and the Administrative Procedures Code.

Item 14: Peace and order-maintaining officers and assistants shall be protected under the 2005 Decree on Public Administration in Emergency Situations, although a damaged party still has the right to seek compensation.

Source: http://www.nationmultimedia.com/politics/Orders-issued-under-Article-44-30257278.html

-- The Nation 2015-04-03

[NongKhaiKid]

As Saddam is reputed to have said " the law is whatever I write on a piece of paper. "

[fatfather]

The next step will be to place one or two of these "peace and order" officers in each province in Thailand to build up a network of control and power. An eventually scary situation. Will be interesting to watch how things develop, for sure that much power in one hand is dangerous

Fatfather

[BSJ]

Aw gee, I was worried it was going to be really bad, but it's not that bad at all. The only item that is not translated well is this one "Item 2: A "peace and order-maintaining officer" refers to a military officer with the rank of sub-lieutenant and a pilot officer or above appointed by the NCPO head to act in accordance with this order. An "assistant peace and order-maintaining officer" refers to a military officer of a lower rank than sub-lieutenant or a pilot officer appointed by the NCPO head to act in accordance with this order."

[JAG]

Golly, that is a shed load of power to give to a sub-lieutenant (Second Lieutenant.)

This goes much further than Martial Law, at least that had a legal framework of sorts. This just gives power to prettywell anyone in a military uniform, lots of power!

[retsdon]

Aw gee, I was worried it was going to be really bad, but it's not that bad at all. The only item that is not translated well is this one "Item 2: A "peace and order-maintaining officer" refers to a military officer with the rank of sub-lieutenant and a pilot officer or above appointed by the NCPO head to act in accordance with this order. An "assistant peace and order-maintaining officer" refers to a military officer of a lower rank than sub-lieutenant or a pilot officer appointed by the NCPO head to act in accordance with this order."

That wasn't a recommend btw, I hit the wrong button. What do you mean it's not bad? Essentially, if one of these Orwellian 'peace and order-maintaining' officers wants to jail you, he can. If you disagree with the Junta you can be locked up. Unless of course you 'confess' and then you're free to go. But if you don't 'confess' there's nothing to stop them locking you up again. And again, And again. You have no right to be brought before a court. You have no right for your case to be judged. A 'peace and order-maintaining' officer can on his own whim, detain you and re-detain you ad infinitum. Or re-fine you indefinitely. It's the end of social and political discourse in Thailand.

And it's 'not bad'? It'll go from here as it always goes from here. Lockdown -> simmering resentment -> more repression -> resistance -> brutal repression -> a damned shambles where lots of people lose their lives. The only difference is that this time, Thailand won't ever revert again. Your man is on the wrong side of history.

[Lupatria]

The next step will be to place one or two of these "peace and order" officers in each province in Thailand to build up a network of control and power. An eventually scary situation. Will be interesting to watch how things develop, for sure that much power in one hand is dangerous

Fatfather

Interesting nobody mentioned the Singapore model here. The procedure to give every 7th HDB flat to a cop would probably come in handy for the junta.

[cmiuc]

Item 12: Political gatherings of five or more persons shall be punished with imprisonment not exceeding six months or a fine of no more than Bt10,000, or both, unless permission has been granted by the NCPO head or an authorised representative. Offenders who voluntarily agree to receive corrective training for no more than seven days may be released with or without conditions. Those who fail to comply with the conditions of release shall be punished with imprisonment not exceeding six months or a fine of no more than Bt10,000, or both.

does this mean online too? because I think there are more than 5 gathered(to be exact, 4 members, 38 guests) together here discussing topic worth imprisonment and fine of no more than Bt10,000... or both. ?

[JOC]

To the junta supporters among the posters here: Please read the OP twice!!

Maybe time to reconsider your support??

You are supporting people and a system not belonging in this century!!

And please not the usual "But Thaksin" BS, this is way more serious!!

[bkkjames]

To the junta supporters among the posters here: Please read the OP twice!!

Maybe time to reconsider your support??

You are supporting people and a system not belonging in this century!!

And please not the usual "But Thaksin" BS, this is way more serious!!

I think you just ran afoul with order number 3, you can't have fries with wine. Please try again...lol

[alant]

Living here in this lovely country I worry about what may come from this.

My country doesn't seem to think it is a it is enough of a problem to do anything and is doing nothing as are out biggest allies the Americans so perhaps it is safe to assume everything is fine.

[kotsak]

The next step will be to place one or two of these "peace and order" officers in each province in Thailand to build up a network of control and power. An eventually scary situation. Will be interesting to watch how things develop, for sure that much power in one hand is dangerous

Fatfather

And after that it could easily end up like Indonesia back in '65 with its mafia led anti-communist purge killings.. Giving power to thugs..

[Mr Somtam]

I won't give my opinion anymore, you know why... Too dangerous.

[Hawkman]

To the junta supporters among the posters here: Please read the OP twice!!

Maybe time to reconsider your support??

You are supporting people and a system not belonging in this century!!

And please not the usual "But Thaksin" BS, this is way more serious!!

Just because people who are anti-Thaksin and what he and his party were up to does not mean these same people support what's going on now. The last Government was destroying the county with its corruption and looking after the interests of just Thaksin himself and not the people, however, it does not mean these people are supporting what is going on now or that the last government deserved to be thrown out (ok, they deserved it, but it was wrong).

Always, makes me laugh when some people make Thaksin to be a Robin Hood character; he was a megalomaniac, who brought the country into a complete mess by trying to force in an amnesty bill to give him his power back and now look at where we are.

Edited.

Edited April 3, 2015 by Hawkman

[englishoak]

THAISOC

Edited April 3, 2015 by englishoak

[chainarong]

I wish they would naff of with these articles, it is giving me the shakes , don't they realize 1 Term Tony in OZ is looking at ways of surviving the abuse from the opposition ,the people and the media , this gives the ligt to copy article 44, go away Prayuth, you could do more damage than you think

[kleelof]

Item 6: Peace and order-maintaining officers are empowered to detain suspected violators summoned for questioning for no more than seven days. Such detention must be carried out on premises other than police stations, detention facilities, or prisons, and the detainee shall not be treated as an accused person.

Guantanamo?

[JOC]

To the junta supporters among the posters here: Please read the OP twice!!

Maybe time to reconsider your support??

You are supporting people and a system not belonging in this century!!

And please not the usual "But Thaksin" BS, this is way more serious!!

Just because people who are anti-Thaksin and what he and his party were up to does not mean these same people support what's going on now. The last Government was destroying the county with its corruption and looking after the interests of just Thaksin himself and not the people, however, it does not mean these people are supporting what is going on now or that the last government deserved to be thrown out (ok, they deserved it, but it was wrong).

Always, makes me laugh when some people make Thaksin to be a Robin Hood character; he was a megalomaniac, who brought the country into a complete mess by trying to force in an amnesty bill to give him his power back and now look at where we are.

Edited.

Thanks for proving my point........................

[Somtamnication]

I stopped smiling once this went into effect. This is scary stuff, guys.

I grew up in Argentina when Videla came to power. Paraguay when Stroessner was president and moved to Bolivia when Banzer took over in a coup. The scary looks from the grown ups never left my memory and as a little boy never understood why.

Those olive coloured Ford Falcons (state police) coming down the street and everyone running into their homes. Scary.

[Thakkar]

I won't give my opinion anymore, you know why... Too dangerous.

Opinions are NOT like a*holes; you can shove a Peace and Order-maintaining Officer's truncheon up the latter.

T

[DM07]

Read it!

Read it carefully!

After that: be afraid!

Be very afraid!

[WitawatWatawit]

@hawkman #16, correct. There was high expectation that the coup would be a positive turning point. But I guess we underestimated the grip of megalomania. The general fails to understand that if he doesn't intend to use a law, then it shouldn't be on the books. So I expect those laws above to come into play almost immediately. I'm seriously thinking of shutting down - self-preservation and all that.

[JOC]

Only thing missing, is a hotline number (4444) so you can turn in your neighbor, sister, brother or any other you for some reason dislike!!

[Commerce]

I stopped smiling once this went into effect. This is scary stuff, guys.

I grew up in Argentina when Videla came to power. Paraguay when Stroessner was president and moved to Bolivia when Banzer took over in a coup. The scary looks from the grown ups never left my memory and as a little boy never understood why.

Those olive coloured Ford Falcons (state police) coming down the street and everyone running into their homes. Scary.

I have to agree. Yet, there are many here who cannot foresee the implications contained Article 44.

This is no longer propaganda, it is reality. It is the start of taking away civil liberties in a massively uncontrolled manner - based upon the whim of Mr. P. And, as a good friend of mine quite rightly observed, that is how Mr. P. and Co. operate - everything based on a whim. That is how Army Generals operate under normal circumstances - in that they respond to immediate action, from which ever direction it comes from, and only in real-time. There is no REAL long term planned strategy of outcome, and when running a country that is a MUST, involving all the expertise one can, and not simply class mates who studied with you and became your bum chums in taking quick decisions to become mega-rich.

Mr. P. has just handed the keys to all personnel in the army of any substance to use ways and means, on both a local and national level, to purge whatever and however they want to. The junta supporters on this site cannot and will not accept that, and believe all is hunky-dory. We shall see in due time if tails wagging between legs occurs.

[JOC]

Just got this one on my phone:

The EU on Friday appealed " as a friend and partner of Thailand" for the military regime to stop trying civilians in military courts.

Maybe time for Thailand to wake up and smell the coffee, before sanctions are put in place............

[Commerce]

Just got this one on my phone:

The EU on Friday appealed " as a friend and partner of Thailand" for the military regime to stop trying civilians in military courts.

Maybe time for Thailand to wake up and smell the coffee, before sanctions are put in place............

Unfortunately, the dormant dinosaur will only wake up when there's nothing left in the coffers to steal. Sanctions are welcomed by me, as they could be a small kick-start to the engine turning over; but I very much doubt it.

[Greenpeiper]

I stopped smiling once this went into effect. This is scary stuff, guys.

I grew up in Argentina when Videla came to power. Paraguay when Stroessner was president and moved to Bolivia when Banzer took over in a coup. The scary looks from the grown ups never left my memory and as a little boy never understood why.

Those olive coloured Ford Falcons (state police) coming down the street and everyone running into their homes. Scary.

Somtamnication...You are a jinx !!! will you please move somewhere else!!!....

[JOC]

Costas stop hiding on threads about free dentures for pensioners...........

Man up, and admit that this has gone a little further than you expected.

[Cake Monster]

Item 6

Could this be the resurrection of the infamous " Green House "

[Suffinator]

So basically a 14 point document that moves to eradicate any traces of democracy. It's time the UN stepped in and did their job for the removal of democracy is without question the most heinous abuse of human rights at even the basic level.

This has nothing to do with law and order but simply about unfettered and unchallenged control by a few elitists. This country is going to slip into the abyss like Myanmar and N. Korea.