- For Immediate Release 20 MAY 2014*
- *Public Statement Opposing the Declaration of Martial Law*
- General Prayuth Chan-ocha has invoked the 1914 Martial Law Act and issued
- the Royal Thai Army Notifications no. 1/2557 and 2/2557 early morning of 20May
- 2014 in order to restore peace and order and to deal with mass
- demonstrations, after which all government agencies have been instructed to
- follow the command of the Peacekeeping Command Directorate (PCD).
- The Human Rights Lawyers Association (HRLA), and other undersigned
- organizations are opposed to the imposition of Martial Law with the
- following reasons;
- 1. The Martial Law Act provides for sweeping and draconian power to
- restrict personal rights and freedom. Its imposition must be necessitated
- by the need to maintain order in wartime or riot during which time no other
- recourse could be sought to deal with the situations. But the current
- violent situation can still be managed by existing applicable laws should
- the government and state officials perform their duties effectively as
- provided for by law to contain the demonstrations and to ensure public
- safety. The incumbent situation provides for no valid ground based on which
- Martial Law can be imposed.
- 2. Amidst schisms of groups of people, as an administrative organ of the
- government, the RTA has to hinge on the principle of non-intervention and
- refrains from meddling with the administration of a civilian and democratic
- government. Any form of intervention could be construed as a form of coups
- d’etat and is in breach of the laws which can be invoked to put an end to a
- violent situation and violates democratic principles.
- 3. The imposition of Martial Law increases power of the army to conduct the
- arrest, search and seizure without any liability as a result of their
- performing their duties provided for by Martial Law. Therefore, the
- officials shall have the power to bar any demonstration causing deprivation
- of the right to mobility of a person as provided for by Article 34 of the
- Constitution, restricting the right to freedom of assembly as provided for
- by Article 63, the right to justice process provided for by Article 40 and
- intervening the operation of media which is tantamount to a violation of
- access to information by people as provided for by Articles 45, 46 and 56. It
- could have brought about deprivation of the right, freedom and human
- dignity of a person and sovereign power according to the Constitution. It
- may simply exacerbate the situation contrary to the intent of the law which
- means to resolve a situation. Lessons should be learned from the imposition
- of Martial Law to solve violent conflicts in the Southern Border Provinces
- 4. Even though Martial Law provides the authorities and their officials
- with sweeping power to make any notification and to stop a person from
- doing anything, but users of the law have to bear in mind that the law was
- first enacted during the Absolute Monarchy during which time people’s
- rights and freedom were completely disregarded. Though the law is still
- applicable, its use has to abide by the Constitution. Therefore, the
- exercise of the rights and freedom as provided for by the Constitution has
- still be protected and state agencies are obliged to enforce the law in
- light of Article 27 of the Constitution. The military is not allowed to
- exercise its power more than necessary as it may have infringed on the
- fundamental rights and freedom of people. Moreover, according to the
- 1996Tortious Liability of Officials Act, any official and authorities
- can still
- be held liable for any damage incurred from their enforcement of Martial
- Law.
- Given the above reasons, the undersigned organizations deem that the
- imposition of Martial Law shall not help to solve the situation and to
- garner trust in society, the elements of which are essential for restoring
- peace and order in society. A solution has to be forged by sincerity and
- mutual trust among all conflicting parties which are determined to solve
- the problems through political venues and public participation. Therefore,
- it is necessary that the RTA remains impartial and hinges on the rule of
- law and democratic principles and it is urged to revoke the imposition of
- Martial Law immediately.
- With respect in human rights and human dignity
- Human Rights Lawyers Association (HRLA)
- Union Civil for Liberty of Thailand (UCL)
- Cross Cultural Foundation (CrCF)
- ENLAWTHAI Foundation
- Human Rights and Development Foundation (HRDF)
- —
- สมาคมนักกฎหมายสิทธิมนุษยชน (สนส.)
- โทรศัพท์ /แฟ๊กซ์ : 02-6930682
- อีเมล์ :
[email protected]
www.naksit.org
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