US embassy cable - 05BANGKOK4697

C O N F I D E N T I A L BANGKOK 004697 
 
SIPDIS 
 
E.O. 12958: DECL: 07/21/2015 
TAGS: PGOV, TH, Emergency Decree 
SUBJECT: RTG REDUCES AREAS UNDER EMERGENCY DECREE AND 
LIMITS IMPLEMENTATION OF SOME MEASURES AS CRITICISM 
CONTINUES 
 
REF: (A) BANGKOK 4653 (B) BANGKOK 4596 
 
Classified By: CLASSIFIED BY AMBASSADOR RALPH L. BOYCE.  REASON: 1.4 (D 
) 
 
1.  (SBU)  Summary:  The RTG formally lifted martial law in 
the deep south and declared the southernmost provinces of 
Narathiwat, Yala and Pattani as an "area of extreme 
emergency."  Contradicting earlier indications, the Cabinet 
decided not to implement the decree in any part of Songkhla 
province.  Also, in the face of heavy criticism by media and 
human rights figures, the Cabinet said that it will not, for 
now, apply some sections concerning press and other 
restrictions.  The opposition Democrat Party has petitioned 
the Office of the Ombudsmen to investigate the decree to 
determine its constitutionality.  The National Human Rights 
Commission as well as the Thai Journalists Association have 
called for immediate abolishment of the decree.  Conversely, 
a poll taken both in Bangkok and the three affected provinces 
claims large public support for Thaksin's action -- for the 
time being.  End Summary. 
 
DECREE LIMITED TO THREE PROVINCES 
 
2.  (U)  The RTG formally lifted martial law in the deep 
south and declared the southernmost provinces of Narathiwat, 
Yala and Pattani as an "area of extreme emergency."  (Note: 
The King must approve the revocation of martial law -- his 
signature is expected shortly. End note.)  In contrast to 
earlier statements by RTG officials (Ref. A), the Cabinet, 
meeting in regular Tuesday session, decided not to extend the 
decree to four districts in Songkhla. 
 
SOME SECTIONS OF DECREE HELD IN ABEYANCE 
 
3.  (U)  The Cabinet also decided to apply only some of the 
16 measures contained in the decree.  Likely in reaction to 
widespread criticism by the media, the RTG decided not to 
apply parts of Articles 9 and 11 dealing with banning public 
assembly and the sale of news or other publications. 
However, other parts of Article 11 empowering officials to 
arrest, detain and summon individuals suspected of inciting 
violence, seize weapons issue search warrants (customarily 
done only by the courts), deport foreign nationals and 
dispatch troops to aid administration and police officials 
would come into force. 
 
CRITICISM OF DECREE CONTINUES 
 
4.  (U)  Critics of the decree charge that the RTG still 
retains the power to rescind the omitted sections of the 
decree.  The Thai Journalists Association has been 
particularly vocal, calling for the immediate abolishment of 
the decree.  The National Press Council of Thailand charged 
that the decree "undermines the basic rights of free people 
and a free press."  The National Human Rights Commission on 
July 20 issued a strong statement opposing the decree, 
calling it unconstitutional and likely to exacerbate violence 
in the region.  The opposition Democrat Party followed up on 
leader Abhisit Vejjajiva's earlier threat (Ref. A) by 
submitting a petition to the Office of the Ombudsman 
questioning the constitutionality of some of the decree's 
provisions, especially those dealing with press freedoms and 
checks and balances.  If the Ombudsman finds sufficient 
grounds, the petition will be forwarded to the Constitutional 
Court for deliberation. 
 
THAKSIN BID FOR PUBLIC SUPPORT 
 
5.  (C)  Comment:  Ironically, even as demands grow from the 
political opposition, human rights groups and the media for 
the decree's revocation, a poll by the generally reliable 
Assumption Business Administrative College (ABAC) shows broad 
support for the decree in Bangkok (72 percent in favor) and 
the three affected southern provinces (86 percent).  Even as 
many observers predict that the decree will worsen the 
situation, the Prime Minister may be reaping at least short 
term political benefits from his strong action.  However, the 
Prime Minister's "last straw" measure is a gamble.  If the 
decree and the wide powers Thaksin wields under this decree 
exacerbate the situation in the south, many Thais may 
perceive him as having shot his last political bolt and view 
him as part of the problem -- not the solution. 
BOYCE