Thursday, November 14, 2019

Orders issued under Article 44

Apr 02. 2015
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Here is a summarised version of the 14-point Order on Maintaining Public Order and National Security, issued on Wednesday night by Prime Minister and National Council for Peace and Order head General Prayut Chan-o-cha, to replace martial law.

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

Item 2: A “peace and order-maintaining officer” refers to a military officer with the rank of sub-lieutenant and a pilot officer or above appointed by the NCPO head to act in accordance with this order. An “assistant peace and order-maintaining officer” refers to a military officer of a lower rank than sub-lieutenant or a pilot officer appointed by the NCPO head to act in accordance with this order.
Item 3: Peace and order-maintaining officers shall act swiftly to prevent and suppress offences against the monarchy and state security, and offences under the laws on weapons and announcements or orders by the NCPO.
Item 4: Peace and order-maintaining officers have the power to summon persons and documents, make arrests, help or take part in investigations of offences under Item 3, conduct searches, seize or freeze assets, and carry out other acts assigned by the NCPO.
Item 5: Peace and order maintaining officers are empowered to issue orders prohibiting the distribution of news, publications and other media deemed to cause fear, contain distorted facts, or likely cause public misunderstanding that affects national security or public order.
Item 6: Peace and order-maintaining officers are empowered to detain suspected violators summoned for questioning for no more than seven days. Such detention must be carried out on premises other than police stations, detention facilities, or prisons, and the detainee shall not be treated as an accused person.
Item 7: Assistant peace and order-maintaining officers shall perform duties as ordered or assigned by peace and order-maintaining officers.
Item 8: Peace and order-maintaining officers and their assistants shall be regarded as authorised officers under the Penal Code, and as administrative officers or police officers under the Code of Criminal Procedure.
Item 9: Any person who contravenes or fails to comply with orders issued by a peace and order-maintaining officer or an assistant on duty shall be punished with imprisonment not exceeding one year or a fine of no more than Bt20,000, or both.
Item 10: Any person who resists or obstructs a peace and order-maintaining officer or an assistant on duty shall be punished with imprisonment not exceeding one year or a fine of no more than Bt20,000, or both.
Item 11: Peace and order-maintaining officers may allow the release of individuals detained under this order, with or without conditions. Conditions for release include not leaving the country. Those who fail to comply with conditions of release shall be punished with imprisonment not exceeding one year or a fine of no more than Bt20,000, or both.
Item 12: Political gatherings of five or more persons shall be punished with imprisonment not exceeding six months or a fine of no more than Bt10,000, or both, unless permission has been granted by the NCPO head or an authorised representative. Offenders who voluntarily agree to receive corrective training for no more than seven days may be released with or without conditions. Those who fail to comply with the conditions of release shall be punished with imprisonment not exceeding six months or a fine of no more than Bt10,000, or both.
Item 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.
Item 14: Peace and order-maintaining officers and assistants shall be protected under the 2005 Decree on Public Administration in Emergency Situations, although a damaged party still has the right to seek compensation.
 

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