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20. Recommendation: The Government should review the enforcement

of the Martial Law Act and the Emergency Decree in the southern border

provinces. Such laws have provisions limiting the rights and freedom of

the people and should be used as necessary and for a limited period. In

an area where the situation has improved, the Government should

consider enforcing the Internal Security Act B.E.2551 (2008) which is less

restrictive of rights instead. The procedures for search, arrest, detention,

the formation of charges and investigation provided for in the Act are

similar to those under the Criminal Procedure Code and the Act contains

provisions that protect the rights of the accused person more in

accordance with international standards.

21. The NHRCT is of the view that the Decree on Public Administration in

an Emergency Situation does not provide for appropriate mechanism

against wrongful exercise of power by the executive and its officials.

Section 16 of the Decree stipulates that the announcements, orders or

actions carried out under the Decree are not within the jurisdiction of the

Administrative Court. In its judgment No.9/2553, the Constitutional Court

ruled that any person suffering an injury from regulatory orders or acts of

state officials under the Emergency Decree can bring the case to the Court

of Justice pursuant to the Section 218 of the Constitution of the Kingdom

of Thailand. However, the Constitution has provided for a dual court

system with the establishment of the Administrative Court to adjudicate

administrative cases separately from the Court of Justice. The Constitution

also requires that the Administrative Court uses the inquiry system as the

Court’s procedure to allow the private party, who is in a more

disadvantaged position than the state in an administrative case in terms of