BANGKOK
Thailand's army chief-cum-prime minister has sought to assure that he will use the absolute power granted to him by an article of the interim constitution to rule constructively, and not to impose self-rule.
“I will not use Article 44 to persecute or threaten anyone. It will be invoked because there is a need,” General Prayuth Chan-ocha was quoted as saying by The Nation.
In the past month, the premier has threatened journalists who “cause division,” and lashed out at those "addicted" to soap operas, saying they should instead be watching his own hour-long weekly TV program.
On Tuesday, local media reported scores of human rights activists, politicians and legal experts warning about the danger of dictatorship.
Niran Pitakwatchara, a member of Thailand’s national human rights commission - an official government agency - even went as far as to warn that Chan-ocha should be cautious about falling into the trap of having too much authority, which could lead to criticism.
Last Friday, Chan-ocha told reporters that he intended to soon lift martial law, imposed across the country since the May 22 coup that overthrew the government of Yingluck Shinawatra.
Instead, he will replace it with Article 44 of the interim constitution that gives him - as junta leader - “the powers to make any order to disrupt or suppress any act that undermines public peace and order, or national security, the monarchy, national economy or administration of State affairs”.
These orders are considered legal per se and override any decision by executive, legislative and judicial powers.
Chan-ocha has sought to defend the new article, saying that it is a step down from the temporary military rule.
“You should not be afraid of Article 44. In fact martial law is tougher than Article 44, as it controls everything,” he sought to clarify.
International human rights organizations and local activists have roundly criticized the imposition of martial law.
It allows authorities to search homes and arrest people without the need of a court warrant, the detention of suspects for up to seven days, and a ban on gatherings of more than five people.
In national security cases, it also allows civilian courts to be substituted for military courts, where no appeal is allowed.
But activists see Article 44 as even worse, particularly because it allows the junta chief to issue orders at will on any matters without any limitations or protection of rights.
According to some, it returns the country to the days of dictator Field Marshal Sarit Thanarat, who used section 17 of the 1959 constitution to rule the country.
Thanarat - who ruled from 1957 to 1963 - used this clause to arbitrarily execute arsonists and political activists, and to detain dissidents.
“To revoke martial law and exercise Article 44 is risky because the article gives the PM absolute authority," the human rights commission's Pitakwatchara told Khaosod online Tuesday.
"The PM has to be cautious about falling into the trap of having so much authority, which could lead to criticism later on... At least, martial law has a format for detaining individuals and for the trials, but Article 44 gives unlimited power to the prime minister.”
Politicians also expressed fears, even members of those seen to support the coup.
“Invoking Article 44 will destroy the confidence of both domestic and international communities. Especially the international community who will see Thailand as more of a dictatorship,” Sathit Pitutecha, deputy-chairman of the Democrat Party, told The Nation.
Junta members and their political allies tried to assuage critics Tuesday.
People should “trust” Chan-ocha, said General Prawit Wongsuwan, deputy-prime minister and minister of Defense - the second most powerful man in the junta,
He told reporters that Article 44 would be used to “prevent bad people from doing bad things to the country”.
“Good people need not to be worried. There will not be any violation of human rights,” he added.
Pornpetch Wichitcholchai, chairman of the junta-appointed National Assembly concurred.
“In the past, General Prayuth Chan-ocha has never used power in a wrong or excessive way,” he sought to underline.
In the wake of last year's coup, hundreds of activists, politicians, journalists and academics have been arrested and detained in military camps, in most case for the maximum seven-day period allowed by martial law.
After their release, some have said they were tortured in detention.
In a January report, Human Right Watch stated “military rule in Thailand has sent human rights in a free-fall.”
