UN calls on govt to restrict role of military court

This proposal was put forward to the National Legislative Assembly (NLA) recently. 

“Detention without judicial review breaches the International Covenant on Civil and Political Rights [ICCPR], to which Thailand is a state party. Under Article 9, a person detained on suspicion of a criminal offence is to be brought promptly before a judge. The Human Rights Committee that oversees the ICCPR has interpreted ‘promptly’ to mean within a few days,” Rupert Colville, the United Nations’ OHCHR spokesperson, said in a statement issued from Geneva on Tuesday.

The statement also said that OHCHR had received assurances from the government of General Prayut Chan-o-cha of its commitment to uphold its international human rights obligations.

“We urge the National Legislative Assembly to revise the proposed amendment in line with international human rights standards, including the right to judicial review of detention, right to counsel and right to appeal. We call on the government to restrict the use of military courts to military offences committed by military personnel. Under the ICCPR, Thailand has the duty to ensure that everybody has the right to a ‘fair and public hearing by a competent, independent and impartial tribunal established by law’ ... and the Human Rights Committee has underlined that the military character of a trial should in no way affect these rights,” the statement read.

According to the NLA website, this amendment was proposed to the assembly in a letter signed by Prayut on December 9. The rationale listed in the proposed amendment, which includes raising the salaries of military court judges and officials, was that this change is needed to suit the current structure and activities of the military. 

National Human Rights commissioner Niran Pitakwatchara said he will invite concerned officials from the Foreign Ministry to explain the proposed amendment next Thursday.