Foreign diplomats and international activists have welcomed the government's move to lift martial law but are still voicing concerns over arbitrary powers and the role of the military court.
Prime Minister Prayut Chan-o-cha revealed Tuesday he has submitted an announcement lifting martial law to His Majesty the King for endorsement.
Gen Prayut, who is also the leader of the National Council for Peace and Order (NCPO), said the order to invoke Section 44 of the temporary charter, replacing martial law, has now been drawn up.
Section 44 enables the NCPO chief to exercise the powers of the executive, legislative and judicial branches for security and the national interest. Still, the prime minister insisted that under the new order, military courts will remain to try only cases relating to national security.
- Earlier report: Prayut seeks King's approval to chop martial law
- EDITORIAL: 44 reasons to reconsider
He said the three military courts - the military court of first instance, the Military Appeal Court and the Military Supreme Court - are comparable to civilian courts of justice.
Cases involving threats to national security will be tried by military courts while cases relating to normal offences will be taken to the normal courts of justice. "There is no need to fear because there are three military courts," Gen Prayut said.
He also said those arrested under the new NCPO order will be detained for up to seven days, not 14 days as has been speculated. "Seven days as before. But they can be released immediately without charge if they reach an understanding with authorities. But we cannot release those arrested for using war weapons," Gen Prayut said.
Melissa Sweeney, the United States embassy spokesperson, said the US has acknowledged Gen Prayut's move to seek royal approval to lift martial law. "We would welcome the lifting of martial law and other efforts if they lead to the full restoration of civil liberties in Thailand," she said.
"It is important that any new security measure end the practice of trying civilians in military courts and allow individuals to freely exercise fundamental rights, including the rights of freedom of expression and peaceful assembly," she said.
A Western diplomat said the international community would welcome the lifting of martial law but its replacement was now a worry.
"Human rights situations on the ground have been made worse with torture allegations that neutral bodies like the National Human Rights Commission were not allowed to examine," he said. "Freedom of expression is severely curbed and more lese majeste lawsuits have arisen," the diplomat said.
A diplomat source from the European Union Delegation to Thailand said the EU is seeking clarifications from the government on its plans to replace martial law with Section 44.
"The European bloc voiced its concerns about martial law in Thailand. It is now assessing what Section 44 will imply and the government's motives,'' the source said.
Meanwhile, the International Commission of Jurists (ICJ), a law activist group, Tuesday demanded the government return the country to civilian rule, instead of invoking arbitrary powers under Section 44.
"The NCPO should revoke martial law and also explicitly commit itself to observing Thailand's international obligations, which means avoiding any use of Section 44," Wilder Tayler, secretary-general of the ICJ, said.
International law strictly regulates attempts by governments to restrict protections offered to human rights on the grounds of emergency. Such "derogations" are permissible under Article 4 of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a State Party, only "in time of public emergency which threatens the life of the nation".
"The situation in Thailand does not meet the extremely high threshold required for derogating from international human rights law," said Mr Tayler. "Thai authorities have repeatedly promised a rapid return to the rule of law and respect for human rights in the country, but replacing martial law with rule by Article 44 doesn't suggest an improvement for the rule of law or respect for human rights."
Asian diplomatic sources said lifting martial law should not be a cosmetic intervention. If martial law is replaced by Section 44, which gives unchecked powers to the PM, this is unlikely to be a step forward.
However, some diplomats said they were surprised martial law would be lifted sooner than they thought. "We knew the government would lift it before Songkran but we are a little surprised that it's accelerated now," said an Asian diplomat.
The Canadian embassy said it hoped the military will return Thailand to democratic governance as soon as possible through free and fair elections, and highlighted the importance of a transparent, inclusive and democratic reform process. Canadian ambassador to Thailand Philip Calvert met Gen Prayut Tuesday. "Ambassador Calvert also raised human rights concerns and urged Thailand to respect its international human rights obligations", the embassy said.
Gen Prayut, however, said he will exercise his power under Section 44 constructively, saying it would be used to deal with some urgent problems such as the recent prohibition of Thai-registered airlines to Japan, South Korea and China.
Foreign Minister Tanasak Patimapragorn said he has no need to clarify Section 44 with the foreign community.
"Thailand is fine and safe now and the consequences of martial law declared in Thailand are different from those of other nations," he said.