Thai Prime Minister Issues 12 Directives Against Emergency Decree Violators

Pursuant to the announcement of the state of emergency and serious situation in Bangkok; Nonthaburi Province; Mueang, Bang Phli, Phra Pradaeng, Phra Samut Chedi, Bang Bo, Bang Saothong districts of Samut Prakan Province; Thanyaburi, Lat Lum Kaeo, Sam Khok, Lam Lukka, Khlong Luang districts of Pathum Thani Province; Phuttha Monthon District of Nakhon Pathom Province; and Wang Noi, Bang Pa-in, Bang Sai, Lat Bua Luang districts of Ayutthaya Province.

Executive Decree on Public Administration in Emergency Situations
By the power and the authority as stipulated in Section 11of the Executive Decree on Public Administration in Emergency Situations of 2005, which contains certain provisions in relation to the restriction of rights and liberties of persons, in respect of which Section 29 in conjunction with Sections 32, 33, 34, 36, 38, 41, 43, 45, and 63 of the Constitution of the Kingdom of Thailand so permit by virtue of law; Prime Minister Abhisit Vejjajiva here by announces that:

1. The competent officials shall have the power of arrest and detention over any person who is suspected of having a role in causing the emergency situation or suspected of being an instigator, a propagator, or a supporter of such an act or suspected of concealing relevant information relating to the act which caused the emergency situation; provided that this should be done to the extent that is necessary to prevent such a person from committing an act or participating in the commission of any act which may cause a serious situation or to the extent that is necessary to foster cooperation in the termination of the serious situation. In the exercise of their functions, the competent officials shall comply with Section 12 of the Executive Decree on Public Administration in Emergency Situations of 2005;

2. The competent officials shall have the power to summon any person to report to the competent official or to give an oral statement or submit any documents or evidence relating to the emergency situation;

3. The competent officials 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 grounds to suspect that such objects have been used or will be used to commit or support an act which causes an emergency situation;

4. The competent officials 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. The competent officials shall have the power to issue an order to inspect letters, books, printed matters, 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. The Chief Official shall have the power to issue any prohibition of any act or any instruction to perform any act to the extent that is necessary for maintaining the state security, the safety of the nation, or the safety of the people;

7. The competent officials 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. The competent officials shall have the power to instruct any alien to leave the Kingdom in the case where there are reasonable grounds to believe that such a person is a supporter in causing the emergency situation, provided that the law on immigration shall apply mutatis mutandis;

9. The competent officials shall have the power to issue instructions that the purchase, sale, use or possession of any arms, goods, medical products, consumer products, chemical products or any equipment which may be used for causing unrest or terrorism shall be reported to or permitted by the competent official or comply with any conditions set by the Chief Official;

10. The competent officials shall have the power to order or prohibit any act that obstruct the traffic or transportation route, or any act that causes the inability to use the transportation route in the usual manner, in all areas and localities under the Emergency Decree;

11. The military officers under the Prime Ministerial Order, Special 2/2010 regarding the appointment of the of Supervisor, Chief Official, and Competent Officials Responsible for Remedying the Emergency and Serious Situation shall assist the administrative officials or the police officers in urgently suppressing or controlling a serious situation and bringing about peace in accordance with the conditions stipulated in the aforementioned Prime Ministerial Order;

12. In the exercise of functions, the competent officials under this announcement shall apply measures as necessary and proper and take care not to perform any act which causes unreasonable hardship to the people.

The Chief Official shall have the power to determine, as he deems proper, the conditions or time conditions for the exercise of power of the competent officials under this announcement.