The emergency decree in brief

 8 aug 2005

The prime minister has complained repeatedly that people criticise the state of emergency decree because they have not read it. To help him, here is a summary version. A full, literal, non-legalistic translation is on the web at: www.geocities.com/changnoi2/.

This decree is issued under section 218 of the Constitution. It places restrictions on rights and freedoms in sections 29, 31, 35, 36, 37, 39, 44, 48, 50, and 51 of the Constitution, but this is permissible in law.

1. The decree is called “Decree on Government Administration in a State of Emergency, 2005.”

2. It comes into force from the day following its announcement in the Government Gazette (16 July 2005).

3. The equivalent act of 1952 is repealed.

4. A “state of emergency” means a situation which affects or may affect the peace and order of the people, or endanger the security of the state, or may cause the country or some part of it to fall into a critical condition, or have criminal activity associated with terrorism, armed conflict or war. Such a situation requires urgent measures to preserve the democratic system of government with the King as head of state according to the Constitution, the independence and integrity of the realm, the interests of the nation, compliance with law, the safety of the people, the conduct of normal life by the people, and the safeguarding of rights, freedoms, peace, order, and public interests. Measures are also needed to avert or remedy public disasters.

5. The Prime Minister may declare a state of emergency, but must gain Cabinet approval within three days. The area may be the whole Kingdom or a part. The period is up to three months, extendable with Cabinet approval.

6. A committee of ministers and senior officials is formed to monitor events inside and outside the country, and recommend to the Prime Minister when a state of emergency is needed and what measures should be applied.

7. In an emergency zone, ministerial executive powers relevant to suppression of the emergency situation are transferred to the prime minister. He may then appoint people to exercise these powers, including a minister or senior official as the chief in charge. This chief oversees all government agencies and officials in the emergency zone except the military which must follow military regulations but within the chief’s guidelines.  A special taskforce may be formed.

8. The Prime Minister or his deputy may recruit advisers and assistants who get the same protection as officials (see 17 below).

9. The Prime Minister may: ban persons leaving their homes; ban gatherings or any action inciting disorder; ban any form of communication either in the emergency zone or whole country; ban or restrict the use of transport routes and vehicles; ban the use of buildings; move people out of an area, or ban people moving in.

10. The Prime Minister may transfer the powers under 9 to the chief in charge, but the Prime Minister must endorse any use of these powers within 48 hours.

11. In the event of terrorism and violence, actual or expected, the Prime Minister with Cabinet approval may declare an extreme state of emergency, and give officials the following additional powers: to detain suspects; summon people for questioning; seize anything considered suspicious; search, seize or destroy buildings; intercept and interdict any form of communication; ban any action deemed a threat to the security of state, country, or public safety; ban someone leaving the country; expel an alien; place conditions on sale and use of anything that might be used to create disorder; order military personnel to provide assistance, with the same powers as other officials designated under the decree, but not exceeding the provisions of martial law.

12. For detention, officials must request permission of the relevant court and follow the usual procedure for issuing warrants. Detainees must not be kept in a jail or be treated like  criminals. The period is seven days extendable by further court application up to 30 days maximum. The official must compile a report on the detention and make it available to relatives.

13. If articles banned under section 11 are communication devices, the ban may apply to the whole country.

14. Regulations, notifications and orders under sections 5, 7, 8, 9, 11, and 15 will appear in the Government Gazette.

15. Officials or others appointed to exercise the decree have the status of competent officials under the Penal Code.

16. Regulations, notifications, orders, or actions under this decree are not subject to the law on administrative procedures, or the law on the establishment of the Administrative Court and procedure for administrative cases.

17. An official or other person appointed to exercise the decree is not subject to civil, criminal, or disciplinary liability arising from the conduct of duty, provided that actions are honest, not discriminatory, and not in excess of what is necessary and appropriate to the situation. People suffering damages can still apply for compensation from government.

18. Violating orders under sections 9, 10, 11, or 13 carries a maximum penalty of 2 years jail and/or a 40,000 baht fine.

19. The Prime Minister takes care of the execution of this decree.

Note: This decree is needed because: the old law is outdated and not relevant to public disasters; problems concerning the security of the state are becoming more extreme to the point they may affect the independence and integrity of the kingdom; normal government measures are inadequate, so this decree is urgently and unavoidably necessary to maintain the security of the country and the safety of the public, and to avert public disasters.