Chaturon's lawyers seek review of military court's jurisdiction

The two moves were made by Chaturon’s legal team. They say his offence took place before the National Council for Peace and Order (NCPO) issued order No 37 and No 38 to have people like him face the military court. They also claim that taking a civilian to military court under NCPO orders 37 and 38 contradicts the junta-sponsored provisional constitution. Article 4 of the interim charter states that citizens’ rights will be in line with rights under the International Covenant on Civil and Political Rights (ICCPR). So, Chaturon wants the Constitutional Court to make a ruling on the matter.

The military court of Bangkok told Chaturon yesterday that it has accepted to consider the first argument and will forward the petition to the Criminal Court, thus postponing his trial for the time being. As for the second argument, military court judges said there’s no written provision for the military court to act on the matter, so it rejected the call for the charter court to make a judicial review.

Narinphong Jinaphak, Chaturon’s lawyer, said it was up to the Criminal Court now to decide if the military court has jurisdiction over Chaturon’s case or not. The trial could resume as early as May if the Criminal Court decides that the case should be handled by the military court. Otherwise, a committee would be set up if a final decision is needed on whether the case should be transferred to the Criminal Court or not.

Chaturon, meanwhile, said he would continue to express his political view in order to democratise Thailand but would ensure that this was legal.

In a related development, Human Rights Watch (HRW) issued a call yesterday for an end to the military detention of civilians.

 

‘Detentions a violation of rights’

“Over the past eight months, the military, armed with martial law, has arbitrarily detained hundreds of civilians and tried many in military courts in Bangkok and other provinces, in violation of international law. Those held have been denied access to lawyers and family members. The NCPO has disregarded and refused to seriously investigate detainees’ allegations of torture and ill-treatment,” the statement read.

In a related development, NCPO spokesperson Colonel Winthai Suvari reiterated that international groups such as Amnesty International and the Office of the High Commissioner for Human Rights (OHCHR) have misunderstood the proposed amendment to the 1955 Act on the Organisation of Military Courts, because it had nothing to do with giving the military court the power to put civilians on trial, as rights groups fear.

Winthai said the amendment would only give military commanders power to detain military personnel in far-flung areas of conflicts, or overseas, where the military court’s orders could not be issued quickly.

Rights groups claim the amendment, which will soon be considered by the junta-installed National Legislative Assembly (NLA), could enable civilians to be detained by the military court for up to 84 days without judicial review.

Human Rights Watch was the latest to express concern that the amendment could affect civilians. “Thailand’s government is trying to hand the military unchecked authority to detain civilians,” said Brad Adams, Asia Director at HRW. “Thai lawmakers should reject this military power grab that puts all citizens at risk of prolonged detention without charge.”

The European Union (EU) Delegation to Thailand issued a statement yesterday expressing concern about the continued detention of civilians via the military court and urged the government “to restrict the use of such courts to military offences committed by military personnel”.

The EU also voiced concern about detention without judicial overview and reminded that Thailand was a state party to the ICCPR and “has a duty to bring suspects promptly before a judge. As a friend and partner of Thailand, the EU has repeatedly called for the democratic process to be restored and for martial law to be lifted. The rule of law and protection and promotion of human rights are crucial elements for stability and progress,” the statement said.