Military courts to allow appeals now that martial law is gone

The Military Court Act has been amended to extend the appeal period from 15 days to 30 days, but although the National Legislative Assembly has passed the amendment, it has yet to take effect. 

Judge advocate Maj-General Panomthep Wesaratchanant said the Military Court is adopting a three-court system now that martial law has been lifted. Plaintiffs and defendants of cases tried in military courts taken up after April 1, can seek appeals against military lower court rulings and the Military Court of Appeals’ ruling and have final judgement ruled by the Supreme Military Court. 

Martial law was lifted on April 1. Appeals are not allowed for cases filed before martial law was lifted. 

From May 25 last year up till March 31, Bangkok Military Court heard 148 cases and detained 172 suspects. The court has accepted 85 cases, completed hearings on 52 cases and has 33 cases pending. 

As of now, suspects are detained for 45 cases, while 18 cases have been rejected, and 80 arrest warrants and two search warrants issued. 

Martial law is still in place in southern border provinces and all cases there will be tried under military courts. 

Under Article 44, four types of cases can go to the Military Court – security offences, possession of war-grade weapons, violation of junta orders and violation of lese majeste law. 

Surachai Saramtae, a judge advocate at the Bangkok Military Court, said that though the 2007 Constitution has been revoked, the interim charter empowered all courts of justice and every military court to continue their roles and responsibilities. 

The scope, procedures and authority of military courts was stipulated in the 1954 Military Court Act.