An adviser to the National Council for Peace and Order (NCPO) yesterday denied claims the council's advisory board had suggested martial law should be lifted and replaced with Section 44 of the interim charter to ease pressure from foreign governments.
Gen Noppadol Inthapanya, also a member of the National Legislative Assembly (NLA), said NCPO advisers saw no need to revoke martial law or invoke Section 44.
The issue was not discussed when they met on Friday, Gen Noppadol said.
Section 44 authorises the NCPO chief to exercise the powers of the executive, legislative and judicial branches of the government to promote reform and unity, and suppress threats to national security, the royal institution and the economy.
The report about the government switching to Section 44 emerged after last week's visit to Bangkok by assistant Secretary of State Daniel Russel, the top US diplomat for East Asia and the Pacific, who called on the military-led government to lift martial law.
According to Gen Noppadol, Section 44 is tougher than martial law.
"The prime minister will not invoke Section 44. The measure is far tougher than martial law. There is no situation justifying the use of this measure," Gen Noppadol said.
According to a NCPO source, the council's advisers proposed that after martial law is lifted, the NCPO could issue regulations under Section 44 to maintain law and order. This could help ease pressure from the international community.
The proposal was said to be in response to Prime Minister Prayut Chan-o-cha's reaction to calls for revocation of the law. "If martial law is not to be used, can you tell me which laws I should use?" Gen Prayut was quoted as saying.
The NCPO's legal team is looking for an appropriate approach to deal with people accused of violating the security law if martial law is lifted, said the source. Under martial law they will be tried in military court. However, one proposal is that suspects in national security cases will be tried in the Criminal Court but police and military will retain special powers to make arrests.
"Foreign countries disapprove of martial law. So the NCPO is looking for other legal tools that allow authorities to work in a similar fashion," the source said.
Government deputy spokesman Sansern Kaewkamnerd said he was unaware of any proposal to invoke Section 44. The present situation does not justify the invocation of Section 44 powers, he said.