NCPO laws need 'major overhaul'
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NCPO laws need 'major overhaul'

Lack of consultation means revision necessary, seminar told

Most of the laws enacted by the current regime lack public participation and they may need to be revised by the newly-elected government, a seminar was told on Saturday.

Thammasat University vice-rector Prinya Thaewanarumitkul said most of the laws were proposed by state agencies and passed by the regime-appointed National Legislative Assembly without any opposition scrutinising them.

''Therefore, a total of 444 laws [passed by the NLA] lack public participation. It is the duty of the newly-elected government to amend them,'' Mr Prinya said.

The seminar titled ''Criticising the legacy of criminal laws from the era of the NCPO'' was held at Thammasat University's Tha Phra Chan campus.

Mr Prinya said that special powers under Section 44 had been exercised often by the chief of the National Council for Peace and Order (NCPO).

Directives issued under Section 44 cannot be revoked easily. Legislative bills must be enacted to revoke such orders, he said.

However, another possible way is to ask the newly-elected government to issue cabinet resolutions or prime ministerial orders to revoke them.

But if the current prime minister returns to power to lead the new government, it is highly unlikely that he will scrap orders he issued himself, Mr Prinya said.

Yingcheep Atchanont, a representative of the Internet Dialogue on Law Reform (iLaw), said that under the rule of the NCPO, legislation was issued by those in power for their own interest.

''This runs counter to the needs of the public. They should have proposed legislation that benefited the public as a whole. Of all 444 laws passed by the NLA, most of them came from civil servants. There was only one piece of legislation which had public participation,'' he said.

He also expressed concern that soldiers were authorised to take part in judicial proceedings in cases relating to security and political offences. A total of 1,811 civilians have been tried in military courts under the rule of the NCPO, he added.

Pokpong Srisanit, a law lecturer at Thammasat University, said that some criminal laws passed by the NLA help support proceedings against offenders.

For example, the Narcotics Act which was amended in 2017 stipulates that those found in possession of more than 15 narcotic pills is considered intent to supply, where previously possession of any number carried this charge, Mr Pokpong said.

He also cited the amended criminal procedure code which allows the court to dismiss a case which is found to be filed without good intent.

The Justice Fund Act was also enacted in 2015 to allow poor and underprivileged people more access to justice by providing them with funds which can be used for bail, legal fees, and transport fees during investigations.

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