The Appeal Court has upheld the lower court’s dismissal of a lawsuit accusing Gen Prayut Chan-o-cha and four other leaders of the National Council for Peace and Order (NCPO) of rebellion.
On May 22, 15 members of the Resistant Citizen group led by Pansak Srithep filed a lawsuit against the NCPO executives, accusing them of rebellion in violation of Section 113 of the Criminal Code by staging a coup on May 22, 2014 and taking over the country's administration.
The Criminal Court on May 29 rejected the lawsuit, reasoning that the NCPO members had been exempted from all legal offences relating to the seizure of power by provisions in the 2014 interim constitution.
In its appeal, the group asked the Appeals Court to order the Criminal Court to reverse its decision and accept the case for further legal proceedings. The petition argued that the Criminal Court had not examined the lawsuit, as required by Section 162 of the Criminal Procedures Code.
The Appeal Court said the lower court had ruled that the case had insufficient legal grounds to proceed, so it was lawful that the court dismissed the case without examining the petition.
Section 48 of the interim constitution also stated that those involved in all actions committed by the NCPO head, his subordinates and concerned persons in relation to the seizure and control of the power on May 22, 2014 shall be exempt from guilt and liabilities.
Although the accused might have committed treason as claimed by the petitioners, they have been excluded from guilt by virtue of the interim charter.
The court ruled the appeal did not carry enough weight and dismissed it.
Mr Pansak said his group would appeal the rulings in the Supreme Court.