Law deans urge court to revoke ‘severe’ state of emergency

The move comes after opposition parties, students and civil groups filed lawsuits against the emergency order, which the government used to crack down on peaceful protesters. The protesters are demanding the resignation of PM Prayut Chan-o-cha and his government, a new Constitution and reform of the monarchy. Dozens of protest leaders have been arrested in the past two weeks, many of them still in jail after being refused bail.
The four deans argued that the unprecedented scale of the protests indicates that existing political solutions are not sustainable in the long term.
Student-led protests have spread across the country, drawing support from people of all ages, they observed. The calls for fundamental change to the legal and political system and genuine public participation in national reform had drawn both support and opposition from across Thai society, the deans noted. Although the demands were deemed illegal by the government and might wound the feelings of those who disagree, protesters had a genuine intention to help Thailand develop and overcome political conflict sustainably. Their freedom of expression is also protected by the Constitution and international norms, said the academics.
They also pointed out that many law professionals had voiced opposition to the severe state of emergency imposed in Bangkok, calling it unwarranted. By law, the emergency decree can only be invoked for cases of terrorism or other serious violence. The state of emergency limits media freedom and permits authorities to detain suspects without charges for up to 30 days. As well as grossly violating people’s rights, it would not lead to a peaceful political solution, the law deans said.
The state of emergency has not stopped large numbers of protesters gathering across the country, they observed. The protests had also been peaceful, with only minor confrontations between pro-democracy demonstrators and other groups that did nothing to damage their legitimacy as peaceful assemblies. This showed that the state of emergency is unnecessary and goes against the Constitution and international norms, they said. Therefore, it should be cancelled immediately and the government should use normal laws to deal with the situation.
The four deans urged the court to scrutinise the executive branch in line with the balance of power between the government, the judiciary and Parliament. The court had a duty to protect the rights of the people, they said. Parliament should also be used as a mechanism for solving political conflict peacefully, the four deans added.