BANGKOK — The broad powers granted to Thai junta chairman Gen. Prayuth Chan-ocha under Article 44 of the interim charter will be used to swiftly solve national problems without violating human rights, government officials say.

Gen. Prayuth announced today that he has asked for the King of Thailand's permission to revoke martial law, which has been in place since the coup last May. The law will be replaced with Article 44 of the interim charter, Gen. Prayuth said.

Gen. Prayuth Chan-ocha speaking to reporters at the Government House on 31 March 2015.

Article 44 is effectively a carte blanche that authorizes the the junta chairman to issue "any order to disrupt or suppress" any act that "undermines public peace and order or national security, the Monarchy, national economics or the administration of State affairs, whether that act emerges inside or outside the Kingdom."

These orders will be "deemed to be legal, constitutional and conclusive," the Article states. Gen. Prayuth is not required to inform the government in advance of issuing an order, but simply to notify the interim parliament "without delay." 

Legal experts and human rights groups have expressed alarm over Article 44’s vague and sweeping scope, which they say endows Gen. Prayuth with a dangerous amount of unchecked power. The former army chief, who led the coup in May, is currently both chairman of the junta, formally known as the National Council for Peace and Order (NCPO), and Prime Minister of the interim government he appointed.

According to Maj.Gen. Sansern Kaewkamnerd, spokesperson of the Office of Prime Minister, Article 44 will be used in two ways.

First, the law will be invoked to solve various "national problems" in a fast and efficient manner, the spokesperson said, citing a recent warning from the International Civil Aviation Organization (ICAO) that a number of Thai airlines, including the state-owned Thai Airways, have failed to meet international safety standards. 

"If we proceed with all the steps, of which there are 8-10 steps, it may take one year or one year and a half," Maj.Gen. Sansern said. "Therefore, the Prime Minister has agreed to use the NCPO power under Article 44 of the interim constitution, which allows the NCPO chairman to solve problems in various sectors. It will be a creative exercise of the power to reduce the number of steps, because we only have 30 days to solve this problem in accordance with the ICAO regulations. Within 30 days, we will send details about our solution about flight standards to the ICAO."

According to Maj.Gen. Sansern, any order issued by Gen. Prayuth via Article 44 will have the same status as a law.  

Article 44 will also be used to retain key powers granted to the military under martial law, he said.

"In fact, we only used only one or two chapters of martial law, such as allowing security officers to search properties and arrest and investigate individuals, but foreign [nations] don't care about that," said Maj.Gen. Sansern. "So, we found a new way to help the  international community feel relaxed about our exercise of power, and arranged for Article 44 to be used." 

The Thai junta's use of martial law to arrest civilians without charges and try them in military courts has come under steady criticism from human rights organizations and democratic nations. 

Speaking more bluntly to reporters today, Gen. Prayuth said he will not use Article 44 to violate the civil rights of anyone who is innocent.

"If you didn't do anything wrong, why are worried?" Gen. Prayuth quipped when he was asked to comment on the law. "I insist that Article 44 will be used creatively in one aspect, and the other aspect is to deal with national security problems. If there's any shooting and causing of chaos again, I will arrest them. I will arrest them immediately. We will use laws like this, otherwise we would have to wait for court warrants."

He explained further that Article 44 will permit military officers to work on national security issues and assist various bureaucratic agencies.

"Don't be afraid. I don't know why are you so afraid, if you didn't do anything wrong. Please help explain to the people," the general added.

Asked whether he believes the invocation of Article 44 will improve the junta’s reputation abroad, Gen. Prayuth replied,

“The media has to help me explain. I don't get it, why are you so troubled by this? Today, all of you know what the problems of this country are. Will you let the country collapse? I have to take responsibility for this matter. My wife and my children are troubled [by my duty]. But why am I still doing it? And why doesn’t the media write about what the previous government has done? Why don't you write to make people understand that the previous government didn't solve any problems?" 

BANGKOK — An investigation into the killing of four suspected militants during a raid in the southern border province of Pattani will be completed by 3 April, according to a top member of Thailand’s military junta.

"We have formed a committee to investigate the facts," said Gen. Prawit Wongsuwan, deputy chairman of the junta. "State officials are not apathetic about what the local residents are concerned about. Right now we are proceeding in accordance with the laws, and the laws do not side with anyone."

The home of Mahama Senlae, whose 32-year-old son was killed in the raid, Pattani province.

He was referring to four men, all in their early twenties or thirties, who were shot dead during a raid carried out by police, military, and paramilitary rangers on a village in Thung Yang Daeng district of Pattani province on 25 March. Twenty-two other men were also arrested at the scene and taken to army camps. Thirteen of them were released several days later without charges.

Police said they opened fire after encountering resistance from the suspects, who they believed were plotting attacks in the area. Two of the deceased were initially identified as members of RKK, one of the Islamic militant groups behind a secessionist movement that has claimed more than 6,000 lives in the region. 

However, it later emerged that none of the victims had any pre-existing criminal records of participating in the secessionist movement, prompting relatives and community leaders to demand an impartial investigation into the raid. 

The father of Suhaimi Senlae, one of the victims killed in the raid, told Khaosod he was shocked to hear the accusation that his son was a member of the RKK militant group. 

"I don't know who I can ask for fairness on the behalf of my son and my family," said Mahama Senlae. 

Mahama said his son was even planning to volunteer for the Village Defense, a state-backed paramilitary unit, after two of his close relatives – one of whom was serving as a village defense volunteer – were recently shot dead by militants. 

"He [Suhaimi] wanted to replace his cousin who was killed," Mahama said. "The secretary of Thung Yang Daeng district already reached out to him. Why would my son be a member of RKK? The district office didn't check any information at all?" 

Officials in Pattani say they have convened a 15-member panel to carry out the inquiry. The panel includes local administrative officials, National Human Rights Commissioners, military officers, and representatives from the Central Islamic Committee of Thailand and Fatoni University, where two of the victims were enrolled as students. 

The incident highlights the deep mistrust of Thai authorities among locals in the three southern border provinces, a region known as the Deep South. An estimated 60,000 security officers are deployed in the area to battle separatist violence that broke out in 2004. Although a majority of casualties in the Deep South have been killed by the shadowy insurgents, security officers are often accused of employing excessive violence and violating human rights in the region. 

Pol.Maj.Gen. Kritsakorn Pleethanyawong, commander of Pattani police, told Manager news that security officers who led the raid will be charged with murder, though he did not specify when the charges will be pressed. 

"We will press charges against all related individuals for what happened, be it state officials or anyone else who are involved, for murder," Pol.Maj.Gen. Kritsakorn was quoted as saying. "I am not feeling troubled by this, because my supervisor has instructed me to proceed with this care fairly and straightforward. Who committed wrongdoing has to answer for the wrongdoing."

CORRECTION: The panel investigating the raid will consist of 15 members, not 17 members as was originally reported.

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BANGKOK — Although the plan to replace martial law with Article 44 of the interim constitution has been widely condemned by legal experts and rights advocates in Thailand, members of the military government publicly defended the proposal today, urging the public to trust that Gen. Prayuth Chan-ocha will judiciously exercise the Article’s broad powers.

"In the past, Gen. Prayuth has never used power in a wrong or excessive way," said Pornpetch Wichitcholchai, the chairman of the junta-appointed National Legislative Assembly. "I think the exercise of power under Article 44 will be done in a creative way."

Gen. Prayuth Chan-ocha speaking at the Ministry of Transport, 30 March 2015.

Gen. Prayuth announced last Friday that he may lift martial law, which has been in place since the coup last May, and replace it with Article 44 of the interim constitution, effectively a carte blanche to unilaterally intervene as he sees fit.

Under Article 44, the junta chairman may issue any order to "disrupt or suppress" an act that threatens to undermine national security, the monarchy, the economy, or the "administration of state affairs." These orders will be immediately deemed "legal, constitutional and conclusive," the article states.

"If [Gen. Prayuth] does good things and uses the law within proper boundaries, I believe Section 44 will be beneficial," Pornpetch said today. "From my own personal experience, the junta chairman has never used his powers harshly."

Gen. Prayuth, who is also Prime Minister, has refused to say when the transition will take place. Yesterday he told reporters, "It will happen when it does."

Human rights groups, legal experts, and politicians on both sides of the aisle have spoken out against the plan, arguing that Article 44 will only augment Gen. Prayuth’s ability to trample on civil liberties.

"At least martial law has the format of detaining individuals and trials, but Section 44 gives unlimited power to the Prime Minister," said Niran Pitakwatchara, chairman of the National Human Rights Commission (NHRC). "The government already has full control over the armed forces and the police. I want them to think whether it is appropriate to use Section 44 when there are reforms of many issues in the country, including problems about inequality."

Gen. Prawit Wongsuwan, deputy chairman of the junta, dismissed Niran’s concerns over the use of Section 44, which he said would be used to mimic the powers granted to the military by martial law.

"Martial law may look harsh in the eyes of foreigners, so we are considering to use Section 44 instead, in order to maintain peace and order," said Gen. Prawit, who also serves Minister of Defense. "The power will rest on the Prime Minister, who will know well what to do. Section 44 and martial law will have the same values, because they can be used to control situations. Section 44 will be focused on detention and searches, like martial law."

The general also urged the media to stop asking about the issue, because Gen. Prayuth has already "answered many times."

"I don't think I need to lecture anyone about this, because the law will be used for guarding against people who have ill will towards country. Therefore, good people need not to be worried. There will not be any violation of human rights."

Since seizing power in a military coup last May, the Thai junta has come under steady criticism from international human rights groups for using martial law to suppress civil liberties. The army has cited the 100-year-old law to arrest and detain individuals without charges, search properties without warrants, try civilians in martial courts, and ban public protests and political seminars. 

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