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Post from the PDRC Facebook page regarding the ‘State of Emergency’

Here are some excerpts from an unofficial translation of the Emergency Decree. Do you think the anti-government protests amount to an “Emergency situation” as defined in Article 4?

As PDRC core leader Sathit Wongnongtoey noted on Pathumwan stage, it is curious that the government claims there is an “emergency situation,” but when CAPO announced the enactment at 18.00 hours this evening it did not immediately enforce the Decree although that would have been the logical course of action in an actual emergency. Instead, CAPO announced that the Decree’s enforcement would commence on 22 Jan. 2014. Does this mean CAPO and the caretaker government believes the “emergency situation” will not start until 6 hours after the law’s enactment?State of Emergency

(Unofficial Translation from the Asian Legal Information Institute)

Emergency Decree on Public Administration in Emergency Situation, B.E. 2548 (2005)

Section 4. In this Emergency Decree:

“Emergency situation” means a situation, which affects or may affect the public order of the people or endangers the security of the State or may cause the country or any part of the country to fall into a state of difficulty or contains an offence relating to terrorism under the Penal Code, a battle or war, pursuant to which it is necessary to enact emergency measures to preserve the democratic regime of government with the King as Head of State of the Kingdom of Thailand under the Constitution of the Kingdom of Thailand, independence and territorial integrity, the interests of the nation, compliance with the law, the safety of the people, the normal living of the people, the protection of rights, liberties and public order or public interest, or the aversion or remedy of damages arising from urgent and serious public calamity.

Section 9. In the case of necessity in order to remedy and promptly resolve an emergency situation or to prevent the worsening of such situation, the Prime Minister shall have the power to issue the following Regulations:

(1) to prohibit any person from departing from a dwelling place during the prescribed period, except with the permission of a competent official or being an exempted person;

(2) to prohibit the assembly or gathering of persons at any place or the commission of any act which may cause unrest;

(3) to prohibit the press release, distribution or dissemination of letters, publications or any means of communication containing texts which may instigate fear amongst the people or is intended to distort information which misleads understanding of the emergency situation to the extent of affecting the security of state or public order or good moral of the people both in the area or locality where an emergency situation has been declared or the entire Kingdom;

(4) to prohibit the use of routes or vehicles or prescribe conditions on the use of routes or vehicle;

(5) to prohibit the use of buildings or enter into or stay in any place;

(6) to evacuate people out of a designated area for the safety of such people or to prohibit any person from entering a designated area.

Regulations under paragraph one may prescribe a time condition for the compliance of Regulations or conditions for the exercise of functions by the competent official, or authorize a competent official to designate an area and additional details, so as not to perform any act which causes unreasonable hardship to the people.

Section 18. Any person who violates a Regulation, Notification or order issued under section 9, section 10, section 11, or section 13 shall be liable to imprisonment for a term not exceeding two years or to a fine not more than forty-thousand baht, or to both.

Section 19. The Prime Minister shall have charge and control of the execution of this Emergency Decree.

To read the Emergency Decree in its entirety, see: http://www.asianlii.org/th/legis/consol_act/edopaies2005582/

(image credit and details in Thai: http://www.thairath.co.th/content/pol/397895)

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