Gen. Prayuth Chan-ocha, the Head of the National Council for Peace and Order (NCPO) invoked his powers under Article 44 of Thailand’s interim Constitution 2014 to issue the Order No. 5/2015, published on 16 April 2015, regarding amendments to the Head of NCPO Order No. 3/2015. The latest Order changed the definitions of “Peace and Order Maintenance Officer” and “Assistant Peace and Order Maintenance Officer” which are now defined as follow;

“Peace and Order Maintenance Officer” means a military officer with a rank of Second lieutenant, Sub-Lieutenant or Pilot Officer, who is appointed by the Head of the NCPO or by officers assigned by the Head of the NCPO to act according to this Order.[1]

“Assistant Peace and Order Maintenance Officer” means a military officer of a rank lower than Second Lieutenant, Sub-Lieutenant or Pilot Officer which include professional soldiers, enlisted soldiers, and paramilitary volunteers, who is appointed by the Head of NCPO or by officers assigned by the Head of the NCPO to act according to this Order.[2]

The Order No.5/2015 gives effects as to:

1.      Extend the power to appoint a Peace and Order Maintenance Officer and an Assistant Peace and Order Maintenance Officer to “an officer assigned by the Head of NCPO.” Initially, the Order No.3/2015 only gave the power to appoint officers to act according to the Order to the Head of NCPO.

2.        Broaden the definition of an “Assistant Peace and Order Maintenance Officer” to include military officers in services who are professional/regular soldiers, enlisted/conscripted, and paramilitary volunteers.

Comments:

It is necessary to continue raising concerns about identification of the Peace and Order Maintenance Officers and the Assistants which will confuse public in practice and when damages or abuses occur. Now that the powers to appoint the officers under the Order are extended to those assigned by the Head of NCPO, it is still vague of who will be in charge and how they will appoint the officers. It is advised that the NCPO must publicize the name list of appointed/assigned officers acting under the Order.

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