Court sets limits on emergency decree

The Civil Court on Wednesday ruled that the government has the authority to impose an emergency decree during a critical situation, but not to the extent of using it to break up the People's Democratic Reform Committee's (PDRC) peaceful and unarmed demonstrations.

The Civil Court's ruling was sought by Thaworn Senneam, a PDRC core member.

He petitioned the court to order caretaker Prime Minister Yingluck Shinawatra, CMPO director and caretaker Labour Minister Chalerm Yubamrung and CMPO deputy director and police chief Adul Saengsingkaew to lift the emergency decree imposed in Bangkok, Nonthaburi and parts of Pathum Thani and Samut Prakan provinces.

The court in its ruling said Mr Thaworn had the right to file the petition with the Civil Court.

However, the government also had the authority to impose the emergency decree,  a special law enabling the administrative branch to resolve problems during a critical situation, but with discretion.

However, the court prohibited the government and the CMPO from breaking up the People's Democratic Reform Committee's rallies and from seizing the protesters' equipment.

It cited an earlier ruling by the Constitution Court that the PDRC's rally is lawful as long as it is peaceful and without weapons.

Share your thoughts

Discussion 1 : 20/02/2014 at 12:10 PM
There is or at least should be a distinct difference between democracy and anarchy.
Discussion 2 : 20/02/2014 at 09:25 AM
Who do these building belong to that you mention and you have no proof of who fired the grenade.The police stated they were not carrying fire arms but we have photographic evidence to the contrary.
Discussion 3 : 19/02/2014 at 09:56 PM
The Government can always impose Martial law which overrides all courts in Thailand.
Discussion 4 : 19/02/2014 at 09:47 PM
@allpoints, joerg comes from a country where this kind of "protest " is impossible !
Discussion 5 : 19/02/2014 at 08:57 PM
At last BP posts a credible post. Well said Joerg.
Discussion 6 : 19/02/2014 at 08:36 PM
Can I have a "peaceful protest" blocking the court's doors and stopping them from doing business. It's just my right to free speech.
Discussion 7 : 19/02/2014 at 07:55 PM
Everyone has a right to protests but invading government buildings and demanding government overthrowing to the point of preventing the functioning of the government and obstructing other people rights to vote is way beyond your own right to protests .. Then firing a grenade at the police is totally another level . This defies logic . The international community is flabigasted with the courts dubious decsion . Their reputations for being absurdedy bias clings to them.
Discussion 8 : 19/02/2014 at 07:41 PM
at last thai is going to have real denocracy soon
Discussion 9 : 19/02/2014 at 07:14 PM
No, it means, that basic rights of citizen (like personal freedom, freedom of own opinion, freedom of moving) are more higher than obscuriosly interests of a government. And in all real democracies in world these basics rights need protection again power of state. Thats it.
Discussion 10 : 19/02/2014 at 07:10 PM
SO the court ruling means nothing, as we see weapon use everyday! Even if they are not Yellow shirt shooters and grenade tossers, the yellows are guilty for not asking them to leave. Everytime there is trouble, Why is Suthep always in the middle?????????
Discussion 11 : 19/02/2014 at 05:57 PM
This means that the disruptive protests can go on for ever unless a third hand creates mischief by detonating grenades etc.

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