Statement of the National Human Rights Commission of Thailand
On Enforcement of the Martial Law Act B.E. 2457 (1914) in the Kingdom of Thailand

The Thai Royal Army has made the Announcement on the Enforcement of the Martial Law Act, B.E. 2457 (1914) in the Kingdom of Thailand on May 2014, 03.00 a.m. by referring to several political gatherings and incidents resulting in the escalation of violence, using of weapons of war and causing of death and injury of innocent people together with the disorder with a tendency of riot and by the end has established of the Peace and Order Maintaining Command (POMC).

The National Human Rights Commission of Thailand (NHRCT) considers the intent of the Martial Law Act for keeping of order of the State and without any threat, especially during the crisis and chaos with violation, likewise, war or unrest. The provisions under the Martial Law Act are strictly enforced with obligations, thereupon the exercise of power with announcement of enforcement of the Martial Law Act which might deprive rights and liberties of individuals with severity shall be under clear conditions and on ground of suspicious circumstances, the exercise of the Act shall be under the certain scope of power and area and upon only possibility of jeopardies with disorder or causing of chaos and out of control and solutions. And due to the announcement of enforcement of the Martial Law Act endows additional powers to relevant authorities and shall affect to fundamental rights and liberties guaranteed by the Constitution, this causes the enlargement of scope of power of military officers, covering freedom of expression and accessibility to information, and affecting ot rights and liberties of media for disseminating news and information and of courxe with unavoidable affects to right and liberties of the public. The exercise of the Act thus shall be under specific and clear circumstances and might not cause any affect to substantive matters of rights and liberties guaranteed by Constitution of the Kingdom of Thailand, B.E. 2550 (2007).  The enforcement should not be exceeding necessity and should exist under certain period of time with immediate removal once it is resumed to ordinary circumstance. This would help to restore creditability and sound functions for the State's ruling systems. The dispute resettlement in every aspect shall be under non-violent approach and periodically monitored with surveillance on potential acts with violation.

The NHRCT deems expedient to urge for action taken by every party for keeping of peace and order of the Country in respect to rights and liberties of everyone with proposals as follows:

1. The POMC shall exercise the Martial Law Act, B.E. 2457 (1914) within very short and certain amount of time and only under necessary circumstances focusing on enforcement of all existing laws with high effectiveness and shall not derogate or affect to substantive matters of rights and liberties of people and not in conflict with those guaranteed by Constitution of Kingdom of Thailand, B.E. 2550 (2007). The exercise of the Act shall be in linde and respond to the current connotations of the Country, particularly those pertaining to economies.

2. The POMC shall not provide any acts with threat and over restriction to the media. The Orders announced for suspension of radio and television broadcasting of some media channels shall be periodically reviewed and removed once they are behaving their roles without creation of hatred speech, incitement and social segregation. The restoring of functional mechanisms monitoring media the shall put into place.

3. The POMC shall monitor and assess impacts of announcement of the Martial Law Act on relevant aspect, from time to time, and shall remove it immediately once the peace and order are restored. This shall help to create and keep creditability for the Country.

The NHRCT hereby would like to draw attentions from all parties to spending efforts with main respect to national and people's benefits. The constructive and interface dialogues shall be intensified with aims for restoring of peace and order in Thailand.

National Human Rights Commission of Thailand (NHRCT)
21 May 2014
 

21/05/2014