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)

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

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.Mr.Preeda Nakpiw, Attorney

1. Mr.Natser Ardwarin, Attorney
2. Mr.Warut Boontharik, Attorney
3. Ms.Jirarat Mulsiri, Attorney
4. Ms.Luenhorm Saifah, Lawyer
5. Mr.Wuttichai Parkduangjai, Lawyer
6. Mr.Jirawat Suriyashotichyangkul, Lawyer
7. Mr.Kittisak Tiengtrong, Attorney
8. Acting Sub Lt.Chawanun Kanokvijitsin, Attorney
9. Mr.Arnon Sriboonjun, Law Academician
10. Mr. Jesada Thongkaow, Law Academician
11. Ms.Saovanee Kaewjullakarn, Law Academician
12. Mr. Tossapon Tassanakunlapan, Law Academician
13. Mr.Khanpech Chaitaweep, Law Academician
14. Associate Professeur Doctor Nattapong Jitnirat, Academician
15. Mr,Chalit Meesit, Attorney

For more information, please contact:

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

NCPO Order no. 3/2558 www.ratchakitcha.soc.go.th/DATA/PDF/2558/E/073/1.PDF

[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.”