US embassy cable - 05BANGKOK4653

C O N F I D E N T I A L SECTION 01 OF 08 BANGKOK 004653 
 
SIPDIS 
 
E.O. 12958: DECL: 07/19/2015 
TAGS: PGOV, TH, Emergency Decree 
SUBJECT: EMERGENCY DECREE UNVEILED; NATIONAL RECONCILIATION 
COUNCIL HEAD EXPRESSES CONCERN 
 
REF: BANGKOK 4596 
 
Classified By: AMBASSADOR RALPH F BOYCE.  REASON: 1.4 (D) 
 
1.  (C)  Summary:  The RTG unveiled its new Emergency Decree 
to the Diplomatic Corps at a July 18 briefing.  MFA Permanent 
Secretary Krit Garnjana-Goonchorn characterized the decree as 
 
SIPDIS 
"consistent with the Constitution" and subject to checks.  He 
said that the RTG is drafting an explanation of the decree to 
submit to the UNHRC in Geneva to assure audiences that there 
is no violation of the International Covenant on Civil and 
Political Rights (ICCPR).  Krit stated that the decree was to 
go into force in the troubled deep southern provinces of 
Narathiwat, Yala and Pattani as well as four districts in 
Songkhla.  The decree has aroused considerable concern in the 
Thai political, press, human rights and democracy-advocate 
community, especially over the issues of censorship, 
detention of suspects and freedom from liability for enacting 
officials.  National Reconciliation Commission (NRC) Head 
Anand Panyarachun told the Ambassador on July 19 that he too 
was concerned over the direction that the Prime Minister 
seems to be going, but said he was in touch with Thaksin and 
had perhaps already headed off even more stringent emergency 
measures.  Anand added that the NRC may shorten its working 
period and issue recommendations as early as the end of 
August or early September.  The Cabinet discussed the 
government's latest countermeasures at its regular weekly 
meeting on July 19, and additional information regarding the 
decree may be forthcoming.  A translated text of the decree, 
delivered at the July 18 MFA briefing, follows in para 11. 
End Summary. 
 
GOVERNMENT PRESENTS ITS CASE 
 
2.  (SBU)  In a briefing to the Bangkok diplomatic community 
on July 18, RTG MFA Permanent Secretary Krit 
Garnjana-Goonchorn described the already-enacted Emergency 
Decree as "consistent with the Constitution" and subject to 
checks.  The decree allows the Prime Minister, upon approval 
of the Cabinet, to declare a state of emergency for up to 
three months either nationwide or in specific localities. 
The Cabinet is empowered to extend the period for another 
three month period.  The more controversial sections within 
the decree include the power to prohibit publication of 
materials deemed intended to instigate fear or cause 
misunderstanding of the emergency situation (section 11) and 
the freedom from criminal, civil or disciplinary liabilities 
for officials having duties under the decree who have acted 
in good faith and without prejudice (section 17). 
 
3.  (U)  According to the Permanent Secretary, the decree is 
for use in case of an emergency as defined in Section 218 of 
the Constitution. In addition to civil strife, Krit 
emphasized that the decree could equally apply to natural 
disasters like last year's tsunami. He stated that the 
Emergency Decree had been several months in the making. The 
events in Yala were, according to Krit paraphrasing Prime 
Minister Thaksin, the "last straw" that catalyzed the 
announcement of the decree.  The Emergency Decree delegates 
increased powers to the Prime Minister and these powers can 
then be delegated to the Deputy Prime Minister (who heads the 
implementation council) or to another "competent official." 
Although the Prime Minister's powers are expanded, Krit 
maintained, there are extensive checks and balances written 
into the decree. Any decree by the Prime Minister's must be 
authorized by the Cabinet (Note: Although in the case of this 
government, this would likely be a blank check).  Drafters of 
the decree were careful not to confer any new powers on the 
government, Krit said. Instead, the decree consolidates 
existing laws, and is compatible with existing legislation, 
the Constitution and Thailand's commitments under ICCPR and 
other international laws, he added. 
 
4.  (SBU)  Referring to Section 17, Krit noted that officials 
in charge of administering the decree would be immune from 
prosecution, so long as they "performed their duties in good 
faith."  Krit opined that the judiciary is likely to have a 
role and would review grievances in a nondiscriminatory 
manner.  Krit added that the RTG was drafting an explanation 
of the decree to submit to the UNHRC, to allay any concerns 
about its incompatibility with the ICCPR.  In response to a 
question regarding Parliamentary discussion of the decree, 
Krit noted that Parliament is out of session until August 22. 
 Krit said that he doubted that a special session would be 
convened prior to that date.  (Note:  Press reported on July 
19 that Deputy Prime Minister Wissanu Krea-Ngam had asked 
that Government Chief Whip Pongthep Thepkanjana consider 
convening an extraordinary session for parliamentary 
deliberation and endorsement of the Emergency Decree in 
compliance with Section 218 of the Constitution, which 
requires the Council of Ministers to promptly submit the 
emergency decree to the National Assembly for deliberation. 
End Note).  Krit was vague in his response to a question on 
the effect the decree would have on press freedom in 
Thailand. He said that Thailand doesn't censor the press, but 
added that he didn't know if it was safe "to be answering 
this question off the top of my head." 
 
FIRST EMERGENCY COMMITTEE MEETING CITES EMERGENCY ZONES 
 
5.  (U)  The decree implementing body -- the Government 
Administration in Emergency Situation Committee -- held its 
first meeting on July 18 under the chairmanship of Deputy 
Prime Minister Pol. General Chidchai Vanasatidya, who was 
appointed by the PM to lead the Committee under Section 6 of 
the decree.  The meeting agreed to designate three 
southernmost provinces -- Yala, Pattani and Narathiwat, as 
well as four other districts in Songkhla -- Chana, Na Thawai, 
Thepha, and Sabayoi -- as "emergency zones" in accordance 
with Section 5 of the Emergency Decree and to submit the list 
of these designated emergency zones to the Prime Minister for 
consideration for final Cabinet approval at its July 19 
meeting.  DPM Chidchai maintained that he would exercise 
discretion and restraint in enforcing the decree, especially 
Sections 9 and 11 of the Emergency Decree that empower state 
authorities to arrest and detain suspected agitators without 
charges, inspect letters, restrict distribution or 
dissemination of publications, surveil telephone 
communications, and prohibit people from leaving their 
quarters. 
 
NATIONAL RECONCILIATION COMMISSION (NRC) HEAD ANAND CONCERNED 
 
6.  (U)  In a July 19 conversation, National Reconciliation 
Commission (NRC) Head Anand Panyarachun told the Ambassador 
that he was concerned over the direction that the Prime 
Minister seems to be going but was in touch with Thaksin and 
had perhaps already headed off even more stringent emergency 
measures.  Anand said that at a meeting of the NRC subgroup 
on the south, the 13 members were virtually unanimous in 
their concern.  Anand said that in practice there is nothing 
wrong with a new law provided that it takes human rights 
concerns into account.  Anand then cited certain provisions 
of the decree dealing with free expression and immunity for 
state officials that worried him.  He said that grievances 
against the administration, past and present, are the cause 
of much of the trouble.  People in the region do not trust 
Thaksin and any widening of his powers will be suspect.  More 
laws and powers are not necessary, Anand emphasized.  More 
efficient application of existing laws by security officials 
and less administrative corruption in the afflicted region 
are key instead.  Anand pointed out that according to 
Ministry of Interior statistics, 85 percent of the killings 
in the south have no specific suspects.  Citing the rapid 
findings of evidence by British officials after the London 
bombings, Anand said he had suggested to Thaksin that, in the 
absence of witnesses, better forensics should be employed in 
the south. 
 
7.  (C)  Anand said that he had learned that additional 
sections to the decree had been under draft.  However, Anand 
believed that he had persuaded Thaksin to delay these 
measures.  At the July 18 NRC meeting, which was held 
parallel to the implementing body's session, some members 
questioned the continued operation of the committee under the 
"untenable" circumstances.  Anand said that he pleaded for 
the continuance of the body.  On July 19 the NRC will meet in 
plenary to decide its course -- likely to be a shortening of 
its time frame to late August or early September.  Anand 
added that the NRC will begin making specific recommendations 
to the Prime Minister on July 19.  He added that he has 
already broached the suggestions to Thaksin already.  He 
urged that a wider perspective, not simply more security 
measures, were needed. 
 
8.  (C)  Education, better administration and health care 
were all integral to improving the situation.  Anand told 
Thaksin that Deputy Prime Minister Chaturon (who is also a 
member of the NRC) should be put in charge of the south, 
rather than splitting responsibility between him and Deputy 
Prime Ministers Wisaanu and Chidchai.  Anand said that he had 
chided the Prime Minister for likening the Yala attacks 
(reftel) to 9/11 in the U.S.  Despite the 3,000 deaths in the 
9/11 attacks, the administration had gone to Congress for 
homeland security legislation.  In Britain the effort to 
frame new anti-terror laws was being done as a bi-partisan 
effort.  Anand told Thaksin that in this case he had not even 
consulted with the NRC before going forward with the decree. 
 
 
OPPOSITION ALSO UNHAPPY 
 
9.  (U)  In a statement on July 18, opposition Democrat Party 
(DP) leader Abhisit Vejjajiva maintained that the 
government's newly enacted Emergency Decree had in essence 
violated the Constitution, especially Section 11 (6) 
governing prime ministerial power to maintain security of the 
state and safety of the country and people.  Abhisit 
suggested that the Government had exercised its power at the 
expense of Thai people's rights and freedom accorded them by 
the Constitution.  He noted that the state power to inspect 
printed matters by virtue of Article 11 (5) and to waive 
state liabilities for both civil and criminal 
responsibilities in Article 17 were not in keeping with the 
Constitution.  Abhisit declared that his party would petition 
the Constitutional Court through the Ombudsman to determine 
the constitutionality of the Emergency Decree. 
 
10.  (C)  Comment:  There is still considerable confusion 
over how the government intends to implement this decree and 
to what extent.  Anand's concern is that the Prime Minister 
will, in the case of the troubled southern provinces, adopt 
the security measures contained in the decree to the 
exclusion of the more comprehensive and conciliatory approach 
recommended by the NRC.  DP leader Abhisit (and a number of 
NGOs and professional bodies in the media, for example) are 
concerned about wider constitutional questions, especially as 
to how the decree could be, as drawn up, applied more 
broadly, without proper checks and balances, the government's 
assurances notwithstanding.  Thaksin and his advisors insist 
that the measures will be applied minimally and that there is 
really little new in the decree.  The decree appears to have 
been rushed out, however, without a thorough vetting through 
consultations of its provisions.  In the wake of the Yala 
attacks Thaksin may have felt that he was taking a decisive 
"last straw" move.  Many of his critics fear that in his 
haste to bring out the Emergency decree, Thaksin will in fact 
exacerbate resentment among southern Muslims while calling 
into question how much power the Prime Minister would reserve 
himself for other "emergencies."  End Comment. 
 
11.  (U)  Translated text delivered at Ministry of Foreign 
Affairs briefing on July 18, 2005 
 
Memorandum of Principle and Rationale pertaining to the 
Emergency Degree on Government Administration in States of 
Emergency, B.E. 2548 
 
Principle 
 
To revise the law on government administration in states of 
emergency. 
 
Rationale 
 
Whereas the law on Government Administration in States of 
Emergency has been in force for a considerable period of 
time, certain provisions could no be applied to achieve an 
expedient remedy against a wide range of situations which 
affect the security of State; and owing to the fact that at 
present there are problems relating to the security of the 
State affecting the independence and territorial integrity of 
the State and acts which cause public disorders in the 
country, endangering life or causing distress to the extent 
that interferes with peaceful way of life of the people, 
which cannot be resolved by a conventional form of government 
administration.  Hence, there is a need to enact 
extraordinary measures for the administration of emergency 
situation to maintain and enable the security of the State 
and the people's safety to revert promptly to normalcy. 
Therefore, for the purpose of maintaining national or public 
safety or averting public calamity, it is necessary to issue 
this Emergency Decree. 
 
EMERGENCY DECREE 
ON GOVERNMENT ADMINISTRATION IN STATES OF EMERGENCY, B.E. 2548 
 
BHUMIBOL ADULYADEJ, REX; 
Given on the   Day of       B.E. 2548 
Being the Year of the Present Reign. 
 
His Majesty King Bhumibol Adulyadej is graciously pleased to 
proclaim that: 
 
Whereas it is expedient to revise the law on government 
administration in states of emergency; 
 
Whereas this Emergency Decree contains certain provisions in 
relation to the restriction of rights and liberties of 
persons, in respect of which section 29 in conjunction with 
section 31, section 35, section 36, section 37, section 39, 
section 44, section 48 and section 50 of the Constitution of 
the Kingdom of Thailand so permit by virtue of law; 
 
Section 1.  This Emergency Decree is called "Emergency Decree 
on Government Administration in States of Emergency, B.E. 
2548". 
 
Section 2.  This Emergency Decree shall come into force as 
from the day following the date of its publication in the 
Government Gazette. 
 
Section 3.  The Act on Government Administration in States of 
Emergency, B.E. 2495 is hereby repealed. 
 
Section 4.  In this Emergency Decree: 
 
"States of Emergency" means a situation, which affects or may 
affect public order or endangers the security of the State or 
may cause the country or any part of the country to fall into 
a state of acute difficulty or a situation resulting from an 
offense relations to terrorism under the Penal Code, armed 
conflict or war, pursuant to which it is necessary to enact 
emergency measures to preserve the monarchy, the democratic 
system of government under the constitutional monarchy, 
national independence and territorial integrity, the 
interests of the nation, compliance with the law, the safety 
of the people, the peaceful way of life of the people, the 
protection of rights, liberties and public order or public 
interest, or the aversion or provision of remedy for damages 
arising from urgent and severe public calamity. 
 
"Competent official" means person appointed by the Prime 
Minister to perform an act under this Emergency Decree. 
 
Section 5.  In the event of the occurrence of emergency 
situation, the Prime Minister deems it appropriate to 
mobilize administrative officials or police officers, civil 
officials or military officers to jointly prevent, remedy, 
suppress, contain the emergency situation, provide 
rehabilitation or assistance to the people, the Prime 
Minister upon the approval of the Council of Ministers is 
empowered to declare a state of emergency be it applicable to 
the whole Kingdom or in some area or locality as necessary 
under the circumstances.  In the case where the approval of 
the Council of Ministers cannot be obtained in a timely 
manner, the Prime Minister may declare the emergency 
situation and subsequently shall seek the approval of the 
Council of Ministers within three days.  If approval of the 
Council of Ministers is no sought within the time prescribed, 
or the Council of Ministers refuses approval, such 
Declaration of a state of emergency shall cease to be in 
force. 
 
The Declaration of a state of emergency under paragraph one 
above shall be in force for the duration prescribed by the 
Prime Minister but shall not exceed three months from the 
date of declaration.  In the case where it is necessary to 
extend such period, the Prime Minister upon the approval of 
he Council of Ministers shall have the power to declare the 
extension of duration of enforcement provided that each 
extension shall no exceed three months. 
 
At the end of emergency situation or upon any denial of 
approval by the Council of Ministers or upon the lapse of the 
period under paragraph two above, the Prime Minister shall 
declare the termination of such Declaration of a state of 
emergency. 
 
Section 6.  There shall be established a Government 
Administration in States of Emergency Committee consisting of 
a Deputy Prime Ministers assigned by the Prime Minister as a 
Chairperson, Minister of Defense, Minister of Interior and 
Minister of Justice as Vice Chairpersons, Permanent Secretary 
for Defense, Permanent Secretary for Foreign Affairs, 
Permanent Secretary for Social Development and Human 
Security, Permanent Secretary for Interior, Permanent 
Secretary for Justice, Director-General of the National 
 
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Intelligence Agency, Attorney-General, Supreme Commander, 
Commander in Chief of the Royal Thai Army, Commander in Chief 
of the Royal Thai Navy, Commander in Chief of the Royal Thai 
Air Force, Commissioner-General of the Royal Thai Police, 
Director-General of the Department of Provincial 
Administration and Director-General of the Department of 
Disaster Prevention and Mitigation as members, and 
Secretary-General of the National Security Council as member 
 
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and secretary, having the powers and duties to monitor and 
maintain vigilance on domestic and international situation 
which may give rise to emergency situation in order to advise 
the Prime Minister of any necessity to declare a State of 
Emergency under section 5 or in the case of a Serious State 
of Emergency under section 11 and for the implementation of 
appropriate measures under this Emergency Decree in order to 
prevent, remedy and put an end to such emergency situation. 
 
The provisions of this section shall no prejudice the 
exercise of powers of the Prime Minister under section 5 in 
the Declaration of a State of Emergency when there arises an 
urgent situation which may endanger the country or the people. 
 
Section 7.  In an area or locality prescribed in a 
Declaration of a State of Emergency under section 5, the 
powers and duties vested individually in a Minister of a 
Ministry or severally in Ministers of more than one Ministry 
or having charge and control of the execution of any law or 
is so empowered under any law, where it concerns only such 
powers that relate to the issuance of a permission, approval, 
order, command or aid in the prevention, remedy, suppression 
or ending an emergency situation or providing rehabilitation 
or assistance to the people, shall be temporarily transferred 
as powers and duties of the Prime Minister in order that 
instructions and remedies during the situation can be carried 
out in an integral, expedient and efficient manner. 
 
The transfer of all or part of powers and duties of Ministers 
under paragraph one as powers and duties of the Prime 
Minister shall be in accordance with a Notification published 
by the Council of Ministers. 
 
The Prime Minister shall have the power to appoint competent 
officials to perform duties under this Emergency Decree and 
to carry out functions under laws which have been transferred 
to the powers and duties of he Prime Minister under paragraph 
one.  A person so appointed as a competent official shall 
have the powers under such laws.  In this regard, the Prime 
Minister may authorize any governmental agency or competent 
official under such law to continue to exercise their 
previously assigned functions, provided that the exercise of 
functions shall be in accordance with the rules laid down by 
the Prime Minister. 
 
In a case where the Prime Minister appoints a civil servant, 
a police officer or a military officer holding a position no 
lower than Director-General, Police Commander in Chief, 
Commander General or the equivalent thereof as a competent 
official and designates such person as a Chief Official 
responsible in remedying the emergency situation in an area 
and to have charge and control over other officials and 
competent officials, the exercise of functions by relevant 
governmental agencies and officials, including competent 
official, shall comply with instructions of the Chief 
Official, except for the exercise of military functions which 
must be in accordance with rules and regulations concerning 
the use of military force, provided that this must be 
consistent with guidelines stipulated by the Chief Official. 
 
In the case of necessity, the Council of Ministers may set up 
an ad-hoc Special Task Force to provisionally exercise 
functions under this Emergency Decree until the Declaration 
of a State of Emergency has been terminated. 
 
The Prime Minister may authorize a Deputy Prime Minister or 
one o r more Ministers to exercise powers under paragraph 
one, paragraph three or paragraph four on his/her behalf or 
may entrust such persons to oversee the exercise of functions 
by the relevant governmental agencies, competent official 
under paragraph three, Chief Official under paragraph four 
and the agency under paragraph give and shall be deemed to be 
the superior official of the Chief Official, government 
officials and relevant competent officials. 
 
Section 8.  For the benefit of coordinating the exercise of 
functions in an appropriate manner and befitting the 
circumstances and well-being of the people in the area over 
which a State of Emergency has been declared, the Prime 
Minister or a person assigned by the Prime Minister may issue 
an order appointing a group of persons or a person as an 
advisor for the exercise of functions of a competent official 
or as an assistant to the competent official in the exercise 
of functions under this Emergency Decree. 
 
Section 9.  In case of necessity to remedy and promptly 
resolve a State of 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 leaving 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 any conduct which may incite or lead to an unrest; 
 
(3)  to prohibit the publication, distribution or 
dissemination of letters, print materials or any means of 
communication containing texts which may instigate fear 
amongst the people or is intended to distort information 
which causes misunderstanding of the emergency situation 
affecting the security of state or public order or public 
moral both in the area or locality where a State of Emergency 
had been declared or the whole Kingdom; 
 
(4)  to prohibit the use of communications routes or vehicles 
or prescribe conditions on the use of communications routes 
or vehicles; 
 
(5)  to prohibit the use of buildings or entry into or stay 
in any place; 
(6)  to evacuate people out of a designated area for the 
safety of such civilians or to prohibit any person from 
entering a designated area. 
 
Regulations under paragraph one may prescribe time limits for 
compliance of regulations or conditions for the exercise of 
functions by the competent official, or authorize a competent 
official to further define an area or additional details, so 
as no to cause any act which results in unreasonable hardship 
to the people. 
 
Section 10.  For the benefit of promptly resolving the 
problems in the State of Emergency area, the Prime Minister 
may authorize a competent official appointed as a Chief 
Official under section 7 paragraph four to exercise the 
powers to issue the regulations under section 9 on his/her 
behalf.  However, upon the exercise of such powers, a report 
shall be submitted immediately to the Prime Minister and if 
the Prime Minister does not issue regulations on the same 
subject matter within forty-eight hours as from when the 
regulations were issued by the competent official, such 
regulations shall be cease to be in force. 
 
Section 11.  In the case where an emergency situation 
involves terrorism, use of force, harm to life, body or 
property, or there are reasonable grounds to believe that 
there exists acts of violence which affects the security of 
state, the safety of life or property of the state or person, 
and there is a necessity to resolve the problem in an 
efficient and timely manner, the Prime Minister, upon the 
approval of the Council Ministers, shall have the power to 
declare that such State of Emergency as a Serious State of 
Emergency, and the provisions of section 5 and section 6 
paragraph two shall apply mutatis mutandis. 
 
Upon a Declaration under paragraph one, in addition to powers 
under section 9 and section 10, the Prime Minister shall also 
have the following powers: 
 
(1)  to issue a notification that a competent official shall 
have the power of arrest and detention of a person suspected 
of having a role in causing the emergency situation, or being 
an instigator, making the propagation, a supporter of such 
act or concealing relevant information relating to the act 
which caused the State of Emergency, provided that this 
should be done to the extent that is necessary to prevent 
such person from committing an act or participating in the 
commission of any act which may cause a serious situation or 
to engender cooperation in the termination of the serious 
situation; 
 
(2)  to issue a notification that a competent official shall 
have the power to summon any person or report to the 
competent official or to give an oral statement or submit any 
documents or evidence relevant to the emergency situation; 
 
(3)  to issue a notification that a competent official shall 
have the power to seize or attach arms, goods, consumer 
products, chemical products or any other materials in the 
case where there are reasonable founds to suspect that such 
objects have been used or will be used to commit or support 
an act which causes an emergency situation; 
 
(4)  to issue a notification that a competent official shall 
have the power to issue a warrant for the search, removal, 
withdrawal or demolition of buildings, structures or 
obstructions as necessary for the exercise of functions in 
order to promptly terminate a serious situation where a delay 
might render the situation beyond control; 
 
(5)  to issue a notification that a competent official shall 
have the power to issue an order to inspect letters, books, 
print materials, telegraphic transmissions, telephone 
communications or any other means of communication as well as 
to cancel or suspend any contact or communication in order to 
prevent or terminate the serious incident provided that the 
rules prescribed in the law on special investigation are 
complied with mutatis mutandis; 
 
(6)  to issue a notification not to perform any act or to 
perform an act to the extent that is necessary for 
maintaining the security of the state, the safety of the 
country or the safety of the people; 
 
(7)  to issue a notification that a competent official shall 
have the power to issue an order to prohibit any person from 
leaving the Kingdom where there are reasonable grounds to 
believe that the departure from the Kingdom will affect the 
security of the state or the safety of the country; 
 
(8)  to issue a notification that a competent official shall 
have the power to instruct an alien to leave the Kingdom in 
the case where there are reasonable grounds to believe that 
such person is a supporter in causing the emergency 
situation, provided that the law on immigration shall apply 
mutatis mutandis; 
 
(9)  to issue a notification that the purchase, sale, use or 
possession of any arms, goods, pharmaceutical products, 
consumer products, chemical products or any equipment which 
may be used for causing unrest or terrorism shall be reported 
to or be subject to prior permission of the competent 
official or comply with any conditions set by the Prime 
Minister. 
 
(10)  to order the use of armed force personnel in order to 
assist administrative officials or police officers in 
terminating the serious situation or controlling the 
situation so as to promptly secure order, provided that the 
performance of functions by military officers shall have 
identical powers and duties to the powers and duties of a 
competent official under this Emergency Decree, whereas the 
scope of the use of such powers and duties of the military 
shall be in accordance with the conditions and time limits 
prescribed by the Prime Minister but shall not exceed the 
powers under martial laws in the case where martial laws 
apply. 
 
Upon the termination of the Serious State of Emergency under 
paragraph one, the Prime Minister shall issue a notification 
to terminate the notification under this section forthwith. 
 
Section 12.  In arresting and detaining suspected persons 
under section ll(1), the competent official shall apply for 
leave of the court of competent jurisdiction or the Criminal 
Court.  Upon obtaining leave of the court, the competent 
official shall be empowered to arrest and detain the 
suspected persons for a period no exceeding seven days.  The 
suspected persons shall be detained in a designated place 
which is not a police station, detention center, penal 
institution or prisons and hall not be treated as a convict. 
In case where it is necessary to continue the detention in 
order to remedy the emergency situation, the competent 
official shall apply for the leave of the court to extend 
such detention period by seven days at time, provided that 
the total period shall no exceed thirty days.  Upon the 
expiration of such period, if the detention is still 
required, the competent official shall proceed under the 
Criminal Procedure Code. 
 
In proceeding under paragraph one, the competent official 
shall file a report on the arrest and detention of such 
suspected persons for submission to the court issuing the 
order under paragraph one.  A copy of such report shall be 
deposited at the office of the competent official so that 
relatives of the suspected persons may access such reports 
for the entire duration of such detention. 
 
The provisions on the procedures governing the issue of a 
warrant under the Criminal Procedure Code shall apply mutatis 
mutandis to the application for leave of the Court under 
paragraph one. 
 
Section 13.  If an object or equipment stipulated in an 
announcement under section 1(9) is a communication device or 
a part thereof, the Prime Minister may announce the 
implementation of such measure throughout the Kingdom or in 
any other areas not prescribed in a Declaration of a State of 
Emergency. 
 
Section 14.  A regulation, announcement and order issued 
under section 5, section 7, section 8, section 9, section 11 
and section 15 shall also be published in the Government 
Gazette upon coming into force. 
 
Section 15.  A competent official or a person having 
identical powers and duties to a competent official under the 
Emergency Decree shall be a competent official under the 
Penal Code and shall have the powers and duties of an 
administrative official or police officer under the Criminal 
Procedure Code as prescribed by the Prime Minister. 
 
Section 16.  A regulation, announcement, order or an act 
under this Emergency Decree shall be subject to neither the 
law on administrative procedures nor the law on the 
establishment of Administrative Court nor Administrative 
Court Procedure. 
 
Section 17.  A competent official and a person having 
identical powers and duties as a competent official under 
this Emergency Decree shall no be subject to civil, criminal 
or disciplinary liabilities arising from the performance of 
functions for the termination or prevention of an illegal 
act, provided that such act is performed in good faith, is 
non-discriminatory, and is no unreasonable in the 
circumstances exceeding the extent of necessity, but does no 
preclude the right of a victim to seek compensation from a 
government agency under the law on liability for wrongful act 
of officials. 
 
Section 18.  Any person who violates a regulation, 
announcement 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. 
 
Countersigned by: 
Pol. Lt. Col. Thaksin Shinawatra 
Prime Minister 
 
 
 
BOYCE