Thailand’s Civil Court has ruled that the
Yingluck Shinawatra caretaker government has the authority to enforce the
emergency decree to maintain peace and order, but the Government has to refrain
from use of violence on anti-government demonstrators or to break up a peaceful
demonstration.
The court on 19 February 2014 also ruled that
people has the right to a peaceful and constitutional assembly.
The Court’s ruling came after a member of the
People’s Democratic Reform Committee (PDRC) – the core anti-government
demonstrator group – filed a lawsuit against the authority of the caretaker
government, which has imposed a state of emergency in Bangkok and parts of
Nonthaburi and Samut Prakan for 60 days, effective on 22 January 2014.
The Court issued a set of nine orders,
prohibiting the caretaker government from dispersing a peaceful demonstration,
using force or weapon to break up a peaceful gathering, ordering a ban on a
political gathering of more than five people, ordering a blockage of traffic
lanes, removing barriers put up by the protesters to protect themselves.
It also ruled that the caretaker government
cannot confiscate chemical substances used by the demonstrators for personal
purposes, or stop the protesters from using traffic routes or from entering
state premises.
The emergency decree currently covers Bangkok
and some parts of nearby provinces (Nonthaburi and Samut Prakan) only and not
any other destinations in Thailand. There is currently no curfew in place in
Bangkok or any other parts of Thailand. Local residents and international
visitors can continue to travel within Bangkok and other destinations in the
country as usual.
Following the ruling of the Civil Court on the
Emergency Decree, the Center for Maintaining Peace and Order (CMPO) stated that
it respects the Court's ruling but has a different opinion. The Court's ruling
has limited the authority of the CMPO on nine points concerning the resolution
of the situation. From now on, CMPO said, it will not be able to carry out
operations to prevent election obstruction or the blockading of government
agency premises by the PDRC.
Police Captain Chalerm Yubamrung, Minister of
Labor and the Director of the CMPO, has issued a letter to the Court seeking
instructions on certain points.
(thailand.prd.go.th)