Prayut stops using military court for security cases

Prayut stops using military court for security cases

The Military Court will no longer be use to try national security cases after the NCPO's Order No.55/2559 on Monday. (Bangkok Post file photo)
The Military Court will no longer be use to try national security cases after the NCPO's Order No.55/2559 on Monday. (Bangkok Post file photo)

Gen Prayut Chan-o-cha has invoked Section 44 of the 2014 interim constitution to stop the use of the Military Court for security offences, which will now be handled by the court of justice like before.

The 55/2559 order, published in the Royal Gazette on Monday, takes effect on the same day.

This means the order does not apply to existing cases but only to offences committed from Monday onward.

Shortly after the May 22, 2014 coup, martial law was announced and Gen Prayut, as chief of the National Council for Peace and Order (NCPO), transferred the authority to decide certain types of cases to the Military Court under three announcements.

The offences now restored under the court of justice's jurisdiction are:

  • lese majeste (Section 112 of the Criminal Code)
  • security offences (Section 113-118 of the Criminal Code), except for areas in effect before the coup such as the three southernmost provinces
  • violations of the NCPO's announcements or orders (illegal assembly, failure to report to the NCPO, debt collection, supporting political meetings)
  • multiple offences linked to one or more offences under the Military Court  
  • having in possession or using warfare firearms, ammunition or explosives

However, military officers remain competent officials alongside police in these cases. Soldiers can still search any person or place without warrants, as well as arrest and detain suspects for questioning for up to seven days before sending them to police. 

The order cited the improving situation as the reason for the relaxation.

"Over the past two years, peace and order have gradually be restored, with peoplecooperating well to bring the country forward for sustainable development, reform and fair reconciliation," the order said.

It cited as an example the overwhelming endorsement of the draft constitution.

"It is therefore appropriate to further relax measures so that all sides can perform their duties and protected by the mechanisms of the new constitution to be promulgated soon. The move is also in line with the rule of law and human rights principles."

The use of the Military Court to try civilians has been one of the issues heavily criticised by international communities since demonstrations or symbolic acts are considered offences against national security.

Among the high-profile cases handled by the Military Court are the Ratchaprasong bombing case and political protests by students, activists and politicians.

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