Appeals court rules for Prayut

Appeals court rules for Prayut

The Appeals Court ruled that Prime Minister Prayut Chan-o-cha and others in the National Council for Peace and Order (NCPO) are proteced from treason charges by the amnesty section of the interim constitution. (File photo)
The Appeals Court ruled that Prime Minister Prayut Chan-o-cha and others in the National Council for Peace and Order (NCPO) are proteced from treason charges by the amnesty section of the interim constitution. (File photo)

The Appeals Court has upheld an initial court ruling to dismiss a treason suit against Gen Prayuth Chan-ocha and four other colleagues for staging the coup on May 22, 2014.

The court relied on the interim charter's amnesty clause for its ruling for the lawsuit filed by the anti-coup Resistant Citizen Group.

The Appeals Court cited a similar reason issued by the Court of First Instance in May last year noting that any actions prepared and conducted for the coup by either the chairman or any subordinates or colleagues shall be exempt from criminal punishment.

The ourt did not rule if the coup makers' — National Council for Peace and Order (NCPO) — follow-up orders were unlawful as the plaintiff claimed, saying that the argument was not relevant in this suit.

The Resistant Citizen group, led by Pansak Srithep, whose son was killed during the May 15, 2010 crackdown, invited any anti-coup citizens to sign up for the lawsuit against the five NCPO members for alleged rebellion in violation of Section 113 and 114 of the Criminal Code.

The Court of First Instance rejected the lawsuit within seven days. Two months later, the Resistant Citizen Group petitioned the Appeals Court.

"So we will take it to the Supreme Court," said human rights lawyer Anon Nampa, also one of the 15 plaintiffs.

Ten of the 15 anti-coup activists, who are the plaintiffs, attended the appeals ruling, including two detainees, Sansern Sri-Ounruen, 63, a grenade-attack suspect, and Siraphop Korn-urus, 53, a lese majeste suspect and a no-show to an NCPO summons order, who were taken to hear the ruling in prison uniforms.

They both face charges brought against them weeks after the coup.

"We have to maintain the principle, if we give up our society will have no democratic values,'' Mr Sansern said.

"This time round, we remain lucky that we were not sent to jail for challenging the powers-that-be," he added, comparing himself to former politicians Uthai Pimchaichon, Anan Pakprapai and Bunkerd Hirankham who challenged Field Marshal Thanom Kittikachorn's coup in 1971 and were imprisoned.

Krit Saengsurin, 19, a first-year law student at Khon Kaen University, and one of the plaintiffs, said he and the group had to file the treason suit and would proceed to the highest court against the military to remind society that overthrowing a democratically elected government was unacceptable.

"I know it will be difficult to win the case, but we can't stand by doing nothing and allow them to be in power and set a bad precedent," said the Roi Et native.

Mr Anon, the lawyer, said the plaintiffs' argument to the Supreme Court would remain the same, that Section 47 and 48 of the interim charter validating the coup was in breach of democratic principles and not reflective of the spirit of the people who cherish justice and the rule of law.

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