A National Council for Peace and Order (NCPO) spokesman has defended a proposed amendment to the Military Court Act, arguing that the proposed change would only allow local military commanders to order the detention of civilians in cases where it is absolutely necessary.
NCPO spokesman Winthai Suwaree was responding to criticism that the proposed amendment would allow local military commanders to detain civilians for up to 84 days without charge or judicial oversight.
Before the end of the month, the National Legislative Assembly (NLA) is expected to consider an amendment to the 1955 Statute of the Military Court Act, which the government submitted on Dec 9 last year.
Critics say the proposed amendment would allow the military to bypass judicial oversight under the Criminal Procedure Code. Intervention by judges under the procedural code has been the sole safeguard against prolonged arbitrary detention since the military coup on May 22, 2014.
Three days after the coup, the NCPO issued Announcement No.37, replacing civilian courts with military courts to try several offences, including lese majeste, acts that threaten national security and sedition. People who violate NCPO orders are also subject to trial by military court.
Section 46 of the amended law would allow local military commanders to detain civilians for up to 84 days without charge or judicial oversight.
Col Winthai said the amended law would still apply only to military offences committed by military personnel or those who are under the jurisdiction of the military courts.
He said the amended law would authorise military commanders to detain civilians only in cases where it is absolutely necessary such as during an armed clash in border areas in which military commanders are fully engaged and are unable to seek military court permission to detain civilians.
"We don't want some groups to present incomplete information that causes confusion. Section 46 of the amended law clearly stipulates that the authority to issue detention orders rests solely with the military courts. Military commanders will be authorised to issue detention orders only in cases where absolutely necessary," Col Winthai said.
The EU delegation to Thailand yesterday issued a statement expressing concern about detention without judicial overview and pointed out that Thailand, as a state party to the International Covenant on Civil and Political Rights, has a duty to bring suspects promptly before a judge.
The delegation said it is equally concerned about the continued use of military courts to try civilians and called on the government to restrict the use of such courts to military offences committed by military personnel.
Human Rights Watch (HRW) said on Thursday that lawmakers should reject the proposed revision to the Military Court Act.
“Thailand’s government is trying to hand the military unchecked authority to detain civilians,” HRW's Asia director Brad Adams said.
“Thai lawmakers should reject this military power grab that puts all citizens at risk of prolonged detention without charge,” he said.
The UN's rights body voiced concern that a number of proposed amendments to the act are not in line with international human rights standards.
"We urge the NLA to revise the proposed amendments in line with international human rights standards, including the right to judicial review of detention, right to counsel and right to appeal," Rupert Colville, spokesman for the Office of the High Commissioner for Human Rights said.