Lawyers against Article 44

18 04 2015

We are late reproducing this excellent statement:

April 14, 2015

A Statement from The Human Rights Lawyers Association (HRLA) forwarded by the Asian Human Rights Commission

THAILAND: Revoke the NCPO Order no. 3/2558 and stop invoking Section 44 of the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 (2014)

The National Council for Peace and Order (NCPO) has issued Order no. 3/2558 concerning the maintenance of peace and national security, invoking Section 44 of the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 (2014),[1] to replace Martial Law which was lifted on 1 April 2015.

The Human Rights Lawyers Association (HRLA) considers NCPO Order no. 3/2558, which grants the Head of the National Council for Peace and Order (NCPO) draconian power over the Legislative, Administrative and Judicial branches, including over any law made by these branches, to be in breach of the fundamental principles of democracy and human rights for the following reasons.

  1. The power granted to the Head of the National Council for Peace and Order (NCPO) over the Legislative, Administrative and Judicial branches amounts to an absolute centralization of powers, which is incompatible with the rule of law. Checks and balances are normally provided to prevent arbitrary use of ruling power which may affect national security and the rights and freedoms of the people. In addition, the Order falls outside the jurisdiction of administrative justice and the Act on Establishment of Administrative Courts and Administrative Court Procedure. It is, therefore, intended to place power beyond judicial review, leaving the people whose rights are violated unable to resort to judicial remedies and judicial review to hold the officials exercising the Order accountable.
  1. The Order paves the way for military officials to act as a “competent official for maintaining peace and order,” invoking the Order to conduct a search, seizure, or compulsory requisition, to prohibit dissemination of news, or to perform duties similar to an inquiry official under the Criminal Procedure Code. The trial of civilians charged for violations of Articles 107 to 112, and 113 to 118 of the Penal Code, and for violations of the NCPO Announcements and Orders, continues to fall under the jurisdiction of the Military Court as per the NCPO Announcements no. 37/2557, 38/2557 and 50/2557. Trial by Military Court breaches the guarantee of fundamental rights and the right to a fair trial by an independent tribunal, as provided for by the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). These breaches include the right of access to information, freedom of the press, freedom of expression, freedom of assembly and the rights of people to access justice. As a result, the Order has made the rights and freedom of people more vulnerable to violation. Thus such an Order could have an adverse impact on the present attempts to restore democratic processes in Thailand.

HRLA and the undersigned organizations and individuals, including lawyers and activists working on law and human rights, are gravely concerned that such exercise of arbitrary power without any checks and balances or accountability will threaten the exercise of rights and freedoms by people and contribute to an environment of impunity. We therefore urge the National Council for Peace and Order (NCPO) to revoke application of Section 44 of the Interim Constitution of the Kingdom of Thailand, B.E. 2557 (2014) and NCPO Order no.3/2558 in the present context.

With respect in human rights and human dignity

  1. Human Rights Lawyers Association (HRLA)
  2. Union for Civil Liberties (UCL)
  3. Academic Network for Social and Southern Communities Organization
  4. Mr.Somchai Homlaor, Lawyer
  5. Mr. Pairoj Pholphet, Lawyer
  6. Mr.Sangchai Ratanaseriwong, Attorney
  7. Mr.Chairat Saeng-Arun, Attorney
  8. Mr.Thaworn Piyawongrungruang, Attorney
  9. Mr.Ratsada Manooratsada, Attorney
  10. Mr.Surasich​ lueangarunnapha, Attorney
  11. Mr.Sarawut Pratoomraj, Attorney
  12. Mr.Surachai Trongngam, Attorney
  13. Mr.Sumitchai Hatthasan, Attorney
  14. Ms.Sor Rattamanee Polkla, Attorney
  15. Mr.Somnuek Tumsuparb, Attorney
  16. Mrs.Umporn Sungtong, Attorney
  17. Ms.Yaowalak Anuphan, Attorney
  18. Ms.Darunee Paisarnpanichsakul, Lawyer
  19. Ms.Preeda Tongchumnum, Attorney
  20. Ms.Napaporn Songprang, Attorney
  21. Mr.Teerapun Punkiri, Attorney
  22. Mr.Songkrant Pongboonjun, Lawyer
  23. Ms.Junjira Junpaew, Attorney
  24. Mr.Laofang Bundidterdsakul, Attorney
  25. Mr.Panom Butakiew, Attorney
  26. Ms.Koreeyor Manuchae, Attorney
  27. Ms.Pradittha Pariyakaewfah, Lawyer
  28. Ms.Atchara Suttisuntarin, Lawyer
  29. Ms.Puttinun Kopunta, Lawyer
  30. Ms.Paranda Pankaew, Lawyer
  31. Mr.Sonthaya Kodpunya, Lawyer
  32. Mr.Apirach Khansen, Lawyer
  33. Ms.Rosnanee Hayeesamare, Lawyer
  34. Ms.Waleerat Chuwa, Lawyer
  35. Ms.Khumklao Songsomboon, Attorney
  36. Ms.Montana Duangprapa, Attorney
  37. Ms.Waraporn Utairungsee, Attorney
  38. Ms.Anyanee Chaichompoo, Lawyer
  39. Ms.Pawinee Chumsri, Attorney
  40. Mr.Thornthan Kanmangmee, Lawyer
  41. Mr.Abdulloh Hayee-abu, Attorney
  42. Mr.Kritsada Khunnarong, Attorney
  43. Ms.Poonsuk Poonsukjarern, Attorney
  44. Ms.Supunsa Marhem, Attorney
  45. Mr.Danaikrit Sreekarn, Lawyer
  46. Ms.Chunsa Supunmuang, Lawyer
  47. Ms.Atcha SongJarern, Lawyer
  48. Ms.Umarporn Sungkalekha, Lawyer
  49. Mr.Amarin Saichan, Lawyer
  50. Ms.Somsakul Sreemeteekul, Attorney
  51. Mr.Weerawat Oboh, Attorney
  52. Ms.Angkana Anujorn, Attorney
  53. Mr.Narakorn Namuangrak, Lawyer
  54. Ms.Waraporn Intanon, Lawyer
  55. Ms.Juntima Trilerd, Lawyer
  56. Mr.Montree Achariyasakulchai, Lawyer
  57. Ms.Muda Nawanard, Lawyer
  58. Ms.Jingjung Nasare, Lawyer
  59. Ms.Thitiworada Thammapiriyakul, Lawyer
  60. Mr.Israpong Wiengwong, Lawyer
  61. Ms.Phattranit Yaodam, Attorney
  62. Ms.Waewtar Sarles, Lawyer
  63. Mr.Jessada Jangjun, Attorney
  64. Ms.Achichaya Oodwong, Lawyer
  65. Ms.Karnjana Akkrachard, Lawyer
  66. Mr.Kritsada Cheechuang, Attorney
  67. Mr.Bundit Hormket, Lawyer
  68. Ms.Chalermsri Prasertsri, Lawyer
  69. Mr.Sutthikiet Kochaso, Lawyer
  70. Ms.Sasinun Thammanitinun, Attorney
  71. Mr.Sutthikiew Thammadul, Attorney
  72. Ms.Mananya Poonsiri, Lawyer
  73. Ms.Utumporn Duangkaew, Lawyer
  74. Ms.Watcharasak Vijitnun, Lawyer
  75. Mr.Jatupat Bunpatraksar, Lawyer
  76. Ms.Kwanhatai Patumthawornsakul, Lawyer
  77. Ms.Maseetoh Munloh, Lawyer
  78. Ms.Siwaporn Fordsoongnern, Lawyer
  79. Mr.Kittichai Jongkraijak, Lawyer
  80. Mr.Apisarn Yarnuch, Attorney
  81. Mrs.Natthasiri Berkman, Attorney
  82. Mr.Suriyong Kongkrapun, Attorney
  83. Mr.Thitirat Soisuwun, Lawyer
  84. Ms.Nuengruetai Kochasarn, Lawyer
  85. Ms.Suthatip Omparn, Lawyer
  86. Ms.Natwadee Tengpanichsakul, Lawyer
  87. Mr.Sakeemun Benjadeja, Attorney
  88. Mr.Papob Siemharn, Lawyer
  89. Ms.Preeyaporn Kunkumnerd, Lawyer
  90. Ms.Butsara Singhabut, Lawyer
  91. Mr.Wannawat Summaniti, Lawyer
  92. Mr.Anucha Wintachai, Human Rights Activist
  93. Ms.Hataikarn Renumard
  94. Ms.Siripaporn Chuensri
  95. Ms.Supaporn Malailoy
  96. Mrs.Pairat Chantong
  97. Ms.Sirilak Sriprasit
  98. Ms.Yollada Thanakornsakul
  99. Mr.Panom Tano
  100. Mrs.Sukarntar Sukpaitar
  101. Mrs.Chanidapar Prakaipech
  102. Mr.Wasin Paitarfong, Attorney
  103. Mr.Pijit Sukayuwana, Attorney
  104. Mr.Wisut Chantadansuwun, Lawyer
  105. Mr.Wanus Khosasu, Lawyer
  106. Mr.Nontawut Rachakawee, Lawyer
  107. Mr.Prompong Wongras, Lawyer
  108. Ms.Nawasorn Limsakul, Lawyer
  109. Mr.Witsarut Kitdee, Lawyer
  110. Ms.Amornrat Klungkumnerd, Lawyer
  111. Mr.Udhar Lohmoh, Volunteer
  112. Mr. Mahamasulainee Tohmalor, Volunteer
  113. Ms.Nopparak Yungeiam, Lawyer
  114. Ms.Nijnirun Awapark, Lawyer
  115. Ms.Sirikan Jarernsri, Lawyer
  116. Mr.Sittiporn Parkpirom, Attorney
  117. 117.Mr.Preeda Nakpiw, Attorney
  118. Mr.Natser Ardwarin, Attorney
  119. Mr.Warut Boontharik, Attorney
  120. Ms.Jirarat Mulsiri, Attorney
  121. Ms.Luenhorm Saifah, Lawyer
  122. Mr.Wuttichai Parkduangjai, Lawyer
  123. Mr.Jirawat Suriyashotichyangkul, Lawyer
  124. Mr.Kittisak Tiengtrong, Attorney
  125. Acting Sub Lt.Chawanun Kanokvijitsin, Attorney
  126. Mr.Arnon Sriboonjun, Law Academician
  127. Mr. Jesada Thongkaow, Law Academician
  128. Ms.Saovanee Kaewjullakarn, Law Academician
  129. Mr. Tossapon Tassanakunlapan, Law Academician
  130. Mr.Khanpech Chaitaweep, Law Academician
  131. Associate Professor Doctor Nattapong Jitnirat, Academician
  132. Mr,Chalit Meesit, Attorney

For more information, please contact:

Human Rights Lawyers Association :Tel: +66-2-6934939 +66-2-6934939, +66-2-6934831 +66-2-6934831

NCPO Order no. 3/2558

[1]Section 44 of the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 (2014) states that “In the case where the Head of the National Council for Peace and Order is of opinion that it is necessary for the benefit of reform in any field and to strengthen public unity and harmony, or for the prevention, disruption or suppression of any act which undermines public peace and order or national security, the Monarchy, national economics or administration of State affairs, whether that act emerges inside or outside the Kingdom, the Head of the National Council for Peace and Order shall have the powers to make any order to disrupt or suppress regardless of the legislative, executive or judicial force of that order. In this case, that order, act or any performance in accordance with that order is deemed to be legal, constitutional and conclusive, and it shall be reported to the National Legislative Assembly and the Prime Minister without delay.”