THE National Council for Peace and Order (NCPO) is considering whether to meet a local representative from Human Rights Watch (HRW) in order to clarify what the junta considers a misunderstanding over the proposed amendment of the 1995 Act on Organisation of Military Courts.
HRW and other rights bodies claimed the proposed amendment could allow detention of civilians by a military court for 84 days without judicial oversight. NCPO spokesperson Colonel Winthai Suvari said HRW had got it wrong and should carefully check facts before making comments, as it would affect its own credibility.
“I insist there’s no attempt to amend the 1995 Act on the Organisation of Military Courts that would increase the authority of the Army to detain civilians for 84 days as claimed.
“At present, the detention of both military personnel and civilians, unless caused by necessary circumstances beyond control, requires investigating officers or police to seek an arrest warrant from the courts – be it military or other courts,” said Winthai.
He said the proposed amendment would only affect military personnel who break the law and is in line or close to international norms. He added that Army chief General Udomdej Sitabutr, who’s also secretary-general of the NCPO, has stressed that the NCPO wants to see fair and accurate criticism.
Asked if the NCPO would invite HRW to issue the clarification, Winthai said it would be up to the commanders to decide at a future date.
A military source said Prime Minister General Prayut Chan-o-cha is concerned about the issue and will hold a meeting to discuss the matter.
“So far when inaccurate information is presented, we have depended on giving interviews to the media in order to clarify. It’s always been like that. So we’re looking if there’re other ways to solve the problem at the very root. The problem is, Human Rights Watch is an organisation that is based abroad. And the person who made the comment resides abroad so what authority would the NCPO have to invite them over? This matter will have to be discussed.”
A military source, who asked not to be named, acknowledged the possibility of inviting the Thailand representative of HRW, but it will have to be discussed again.
In a related development, deputy spokesperson Maj-General Sansern Kaewkamnerd defended the continued imposition of martial law and the detention of civilians. He said the European Union delegation to Thailand that had criticised the detention of civilians by military courts on Friday should try to understand that Thailand needs to maintain martial law in order to steer the Kingdom towards “full democracy” under the roadmap.