Prime Minister Prayut Chan-o-cha has imposed Section 44 of the interim charter to end the Military Court's role in trying civilians in cases involving security, lese majeste and violation of the regime's orders.
The order was announced in the Royal Gazette yesterday.
Almost 1,600 cases have gone to trial at the Military Court since the NCPO took power on May 22, 2014. The regime has been under pressure from local and international bodies for allowing the court to try civilians.
Announcing the change, the regime said it had received cooperation from most people in maintaining order after it lifted martial law on April 1 last year. It said it realised people should have freedom of expression during the drafting of the new charter, though certain offences still had to be tried in the military court in line with previous regime orders. The change takes effect in the National Council for Peace and Order (NCPO) order No.55/2016.
The regime said the country has gradually become more peaceful and people are now cooperating to move the country towards sustainable development with reforms under way and reconciliation being created.
The referendum on the draft constitution also went smoothly and the draft has been overwhelmingly approved by the people. Therefore, measures should be taken to allow all parties to exercise their rights according to the law, it said.
According to the order, any offence based on orders No.37 and No.38 in 2014, which would earlier have been tried in a military court, now come under the authority of the ordinary court of justice. They include lese majeste, security including weaponry and sedition, and violation of the NCPO's orders.
However, any offence which normally falls within the jurisdiction of the Military Court will still proceed there.
The order will cover offences committed since yesterday, the day the order came into effect. Any case currently being tried at the Military Court will proceed there.
The order also stipulates military officers assigned to maintain order and thwart criminal activity deemed detrimental to the country's peace and economy will still have the authority to carry on their duties.
Anon Nampha, a rights lawyer, complained the order did not cover cases currently being processed at the court.
Several cases, including those linked with the New Democracy Movement, the Resistant Citizen group and lese majeste, are still being tried in military courts, he said.
Claims the NCPO has eased the situation are untrue, he said, adding military officers still have the power to detain civilians.
Yaowalak Anuphan, head of the Thai Lawyers for Human Rights (TLHR) centre, said civilians should never have been tried in military courts in the first place.
She said the prime minister's order is not retroactive and does not apply to legal cases currently being considered by the military court. "We demand that all pending cases be transferred to judicial courts," Ms Yaowalak said.
Politically-motivated lawsuits or charges that aim to restrict citizens' freedom of expression should also be suspended, she added. No one should be arrested for voicing their opinions, the lawyer argued.
Bringing charges against individuals accused of breaching the NCPO's orders and the stringent Referendum Act is contrary to principles of human rights and civil liberties, she said.
Since the military coup, TLHR has dealt with about 100 cases related to political rights and freedoms.
Around 120 individuals were arrested or charged with such offences, she said.
Sunai Phasuk, Human Rights Watch representative for Thailand, said the military still has the power to search, arrest, detain and investigate. "Those with different views who criticise the NCPO can still be found guilty," Mr Sunai said.