Student activists have called at the Civil Court to scrap a section in the emergency decree, which they say imposes excessive legal punishment designed for protests.
Activists from six universities also hold Prime Minister Prayut Chan-o-cha and defence forces chief Style Chalermpol Srisawasdi responsible for the decree which has been in effect since 2015. Section 9 from the decree states in case of an emergency situation, the public assembly law may be invoked to consist of mass gatherings.
Under normal circumstances, an infringement of the assembly legislation incurs a fine as high as 10, 000 baht. However , if the legislation is enforced underneath the emergency decree, punishments entail a maximum jail term associated with two years, a fine of up to 40, 000 baht or both.
According to the active supporters and workers, it was a legal misstep to let the crisis decree introduce or increase the legal punishments enforceable by an act which is officially higher in status than the decree.
The active supporters and workers have also claimed that will Section 9 permits the defence causes chief to design the protest containment plan without obtaining prior approval from the court. The bypassing of the court in dealing with a protest is definitely illegal, they state.
The girls called on the Civil Court to concern an injunction in order to waive the observance of Section 9 of the emergency decree pending the judgment in the case.
Noraset Nanongtoom, representative of a human rights lawyer group, stated it might be possible that Section 9 had been applied to curtail the particular planned protests against Gen Prayut’s eight-year tenure which expires today.
Enforcement of Area 9 would amount to a serious violation of human rights, Mister Noraset said.
Jenissa Saeng-arun, president of Thammasat University’s student entire body, said the section was unfair to the people as it metes away a harsher punishment than necessary.
It was irrational to cite hold of the Covid-19 outbreak and public health surveillance as a reason behind invoking the section and the decree, the particular student president stated, adding holding the protest is a correct under the law.