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Unofficial Translation of Thai Junta's Order, Replacing Martial Law With Section 44 of Interim Charter

Thursday, April 2, 2015
MARTIAL LAW as announced on 20 May 2014 was lifted on Wednesday night and was immediately replaced by Order number 3/2558 (3/2015) issued by General Prayuth Chan-ocha in his capacity as Head of the National Council for Peace and Order (NCPO). (Note: Martial Law as applied to southern border provinces prior to 20 May 2014 remains in force.)

The Order replacing Martial Law is as follows (iLaw's translation):

Order Number 3/2558 (3/2015) of the Head of the NCPO on Maintaining Public Order and National Security.

As the lifting of martial law throughout the Kingdom has now been adopted, it is appropriate to install measures to deal with actions intended to undermine or destroy peace and national security, violate notifications or orders of the NCPO, or to commit offenses under the laws on firearms, ammunition, explosives, fireworks and artificial weapons which threaten the peace and security of the nation.

Therefore, the head of the NCPO sees it as necessary to prevent and suppress such actions swiftly and effectively so as not to affect law-abiding citizens and the well-being of the general public.

By virtue of Section 44 of the Interim Constitution of the Kingdom of Thailand of 2014, the Head of the NCPO with the approval of the NCPO hereby issues the following order:

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

Article 2. A ''Peace Keeping Officer'' refers to a military officer with the rank of Lieutenant, or Midshipman or Pilot Officer or above, appointed by the Head of the NCPO to act in accordance with this order.

An ''Assistant Peace Keeping Officer'' refers to a military officer of lower rank than a Lieutenant, or Midshipman or Pilot Officer appointed by the Head of the NCPO to act according to this order.

Article 3. Peacekeeping Officers shall act swiftly to prevent and suppress acts which constitute the following offences:

(1) offenses against the King, the Queen, the Heir Apparent and the Regent under Sections 107 to 112 of the Penal Code.

(2) offenses against the security of the state under Sections 113 to 118 of the Penal Code.

(3) offenses under the laws on firearms, ammunition, explosives, fireworks and artificial weapons, only in respect of firearms, ammunition and explosives used in warfare.

(4) violations of announcements or orders of the NCPO or of the Head of the NCPO.

Article 4. In acting according to Article 3, Peacekeeping Officers have the following powers:

(1) To order any person to report to peacekeeping authorities, or to come to give a deposition, or hand over any document or evidence relating to the commission of an offense under Article 3.

(2) To arrest any person discovered committing an offense under Article 3, and to hand over that person to an investigating officer for further proceedings.

(3) To assist or support investigating officers in their duties or take part directly in investigations of offences under Article 3, in which case Peacekeeping Officers shall be deemed to be investigating officers as defined in the Code of Criminal Procedure.

(4) To enter any residence or any place to carry out searches of the premises, including searches of persons or of vehicles, when there is sufficient reason to suspect that a person who has committed an offence under Article 3 is hiding on the premises, or has kept property or evidence relating to such an offence on the premises, and where a delay while applying for the issuance of a search warrant might risk the abscondance of the suspect or the removal or destruction of said property or evidence.

(5) To seize or freeze any assets discovered under (4).

(6) To carry out any other act as assigned by the National Council for Peace and Order.

Article 5. In circumstances where it is necessary to swiftly remedy a situation which threatens national security or public order, or to prevent the situation from getting worse, Peacekeeping Officers are empowered to issue orders prohibiting the propagation of any item of news or the sale or distribution of any book or publication or material likely to cause public alarm or which contains false information likely to cause public misunderstanding to the detriment of national security or public order.

When issuing such orders, Peacekeeping Officers may attach conditions or time frames for compliance to their orders.

In order to accomplish results in accordance with the first paragraph, the Chief of the NCPO may set conditions or guidelines regarding the issuance of such orders.

Article 6. For the purposes stipulated in Article 3, when there is some evidence to suspect that an individual may have committed an offense under Article 3, Peacekeeping Officers have the authority to summon that individual to report to them for questioning or to give a deposition, and while the questioning is uncompleted the individual may be detained for not more than seven days. However, detention must be carried out on premises other than police stations, detention facilities, or prisons, and the detainee is not to be treated as an accused person.

When there are sufficient grounds to bring charges against such an individual, either Peacekeeping Officers in their capacity as administrative officials or police officers are to proceed according to the law.

Article 7. Assistant Peacekeeping Officers are to perform duties as ordered or assigned to them by Peacekeeping Officers.

Article 8. In carrying out their duties under this order, Peacekeeping Officers and Assistant Peacekeeping Officers are to be considered as authorised officers under the Penal Code, and as administrative officers or police officers under the Code of Criminal Procedure.

Article 9. Any person who contravenes or fails to comply with orders issued by a Peacekeeping Officer or Assistant Peacekeeping Officer under Article 4 (1) or Article 5 or Article 6 shall be punished with imprisonment not exceeding one year or a fine not exceeding twenty thousand baht, or both.

Article 10. Any person who resists or obstructs a Peacekeeping Officer or an Assistant Peacekeeping Officer in the performance of his duties under this order shall be punished with imprisonment not exceeding one year or a fine not exceeding twenty thousand baht, or both.

Article 11. In the case of an individual detained under Article 6, paragraph one for offenses under Article 3 (4), Peacekeeping Officers may allow the release of that individual, with or without conditions.

Conditions for release under the first paragraph may be for the purpose of obtaining compliance with safety measures under Section 39 (2) to (5) of the Criminal Code, for prohibiting the individual concerned from leaving the Kingdom except with the permission of the Head of the NCPO or an authorised representative, or for prohibiting the individual from carrying out financial transactions.

Any person who contravenes or fails to comply with conditions of release shall be punished with imprisonment not exceeding one year or a fine not exceeding twenty thousand baht, or both.

Article 12. Political gatherings of five or more persons shall be punished with imprisonment not exceeding six months or a fine not exceeding ten thousand Baht, or both, unless permission has been granted by the Head of the NCPO. or an authorised representative.

Anyone who commits an offence under paragraph one who voluntarily agrees to receive corrective training from Peacekeeping Officers for a period not exceeding seven days may be released with or without the conditions stipulated in Article 11 paragraph 2 at the discretion of Peacekeeping Officers. The case will then be considered closed according to Section 37 of the Code of Criminal Procedure as amended by the Criminal Code Amendment Act (No. 16), 1986.

Any person who contravenes or fails to comply with conditions of release shall be punished with imprisonment not exceeding six months, or a fine not exceeding ten thousand Baht, or both.

Article 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.

Article 14. Peacekeeping Officers and Assistant Peacekeeping Officers who act in good faith in accordance with this order, without bias or undue severity shall be protected according to Article 17 of the Decree on Public Administration in Emergency Situations 2005, without prejudice to the rights of individuals to claim compensation from the government in accordance with the laws governing liability of officers.
Issued on April 1 of the year 2558 (2015).

Gen. Prayuth Chan-ocha
Head of the National Council for Peace and Order.

Thai Lawyers for Human Rights Fact Sheet

The consequences of revocation of Martial Law and the Order of the Head of National Council for Peace and Order (NCPO) No. 3/2558 (2015)

1. Martial Law is still imposed in areas which have been under Martial Law prior to 20 May 2015 for instance the southern border provinces; Pattani, Yala, Narathiwat, 4 districts in Songkhla, and other border provinces

2. Civilians are still subject to military court jurisdictions in certain crimes according to the NCPO's Announcements No. 37/2014, 38/2014 and 50/2014

3. Military courts in a normal time (no longer under Martial Law) function with right to appeal to higher military courts. This is applicable to an offence committed from 1 April 2015 onward. Those cases occurred between 25 May 2014 to 31 March 2015 are not entitled to appeal according to Section 61 of the Military Court Act B.E. 2498 (1955)

4. Under Martial Law, military personnel has powers to detain an individual up to 7 days (Section 15 bis of Martial Law). Upon the 7-day period, if a detainee is to be charged with criminal offences, he must be submitted to police investigation. However, under this new Order, ''Peace and Order Maintenance Officers'' (- POM Officers: military personnel ranking with second Lieutenant or higher, appointed by the NCPO to execute this Order) are granted to act as police investigators or inquiry officers in cases related to offences against monarchy, offences against national security, offences related to ammunition, weapons and arms, and offences as provided by NCPO's Announcements and Orders. [No other security laws explicitly give powers to military to act as police investigators or inquiry officers under criminal procedure code]

5. In cases related to offences against monarchy, offences against national security, offences related to ammunition, weapons and arms, and offences as provided by NCPO's Announcements and Orders, the Peace and Order Maintenance Officers, who are military personnel, have powers to arrest and detain a person, and carry out investigation process which includes concluding investigation files and submitting to military prosecutor for indictment. The case will be indicted by military prosecutor and judged by military courts

6. The Peace and Order Maintenance Officers have powers to detain a person not exceeding to 7 days in a premise that is not detention facilities (police station, remand centers, detention centers and prisons) and such person shall not be treated as an alleged offender in criminal cases. This is in the same manner as the practice of military personnel under Martial Law that a detainee is not yet an alleged offender, therefore, he is not entitled to the rights of an alleged offender under criminal procedural law in that 7 day period (ie., access to lawyers, families and relatives, etc).

7. In case of detention of a person not more than 7 days due to offences in violation of NCPO's Announcements and Orders, the POM Officers have powers to prescribe condition of release; (1) to prohibit an entry to any specified areas (2) to execute a bond with security for keeping the peace (3) to restraint in an institution of treatment (4) to prohibit a carry out of certain occupations (5) to prohibit a travel outside of the country unless a permission is granted and (6) to freeze financial transactions

8. The Peace and Order Maintenance Officers have powers to summon an individual to report him/herself to authorities, arrest, detain, search, seize and confiscate any properties, carry out other actions assigned by the NCPO, and execute in justice system as an investigators/inquiry officers in the cases related to abovementioned offences.

9. The Peace and Order Maintenance Officers have powers to order a ban on presenting news, selling, distributing any books, printings, or other media materials which contain messages/statements that may cause fear among public or intentionally distorting information that may cause misunderstanding which would affect national security or peace and order.

10. A political gathering of 5 or more persons shall be punished with no more than 6-month imprisonment and/or fined with 10,000 Baht. A wrongdoer who voluntarily attends a training with a period of more than 7 days, conducted by the Peace and Order Maintenance Officers, and the officers order a release with or without conditions, it shall be considered that the criminal case is terminated. (This security-personnel-run- training practice is similar to a training under Section 21 of Internal Security Act (ISA). Meanwhile the training under ISA includes a certain level of judicial oversight of the practice, this Order authorizes powers to perform a 7-day training practice to the POM Officers who are military)

11. Any actions under this Order shall not be subject to the Law on Administrative Procedures and shall not be brought before the Administrative Courts.

12. Article 44 of the Interim Constitution 2014 only gives the powers to the Head of NCPO. However, this Order under Article 44 has authorized powers to other NCPO members and military personnel, which extends implementation of Article 44's sweeping powers in practice.

13. The Peace and Order Maintenance Officers and the Assistants empowered under this Order shall not be held responsible in civil, criminal or disciplinary liability for their performance of duties to suppress or prevent any unlawful acts is carried out in good faith, without discrimination, and does not exceed the proportionality or necessity.

14. Although this Order does not prejudice the right of injured person to claim damages from public sectors pursuant to the law on liability for wrongful acts of officials, in fact Article 44 of the Interim Constitution provides that any orders, acts or performance according to orders given by the Head of NCPO is deemed to be legal, constitutional and conclusive.

15. In conclusion, the Order of the Head of NCPO No. 3/2015 maintains the powers under Martial Law supplementing with practice of training run by security officials in similar to the ISA while it provides an immunity clause for officials from liability in the same manner with the Emergency Decree on Public Administration in State of Emergency (2005). Further, it increases powers to investigate crimes according to criminal procedural law to military and security personnel. All actions and performances carried out in accordance with this Order will be legal, constitutional and conclusive according to Article 44 of the Interim Constitution.

Comments

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So, illegal possession of firearms comes under the decree - may be Peace Keeping Officers can use their powers to reduce penetration of it in Phuket, please?
Under firearms here are coming also those home-made guns, of course.

Posted by Sue on April 2, 2015 19:24


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