The junta has issued an order abolishing the trial of civilians who commit crimes against national security in military courts, including sedition and lèse-majesté cases.
On 12 September 2016, the Royal Gazette published the junta’s National Council for Peace and Order (NCPO) Order No. 55/2016. The order states that all lawsuits involving crimes against national security, which involve Articles 107 to 118 of the Criminal Code and some other NCPO orders, will no longer be tried in military courts. The order was issued under Article 44 of the Interim Charter, which grants the junta absolute power.
According to the order, the abolishment is possible now that the country is in peace and that Thai people have cooperated adequately with the junta administration. This cooperation was reflected in the landslide result of the 7 August referendum that favoured the junta-backed draft charter. It is, therefore, no longer necessary to try civilians in military courts..
This order puts an end to military court trials of those charged with lèse-majesté and the sedition law, Article 112 and 116 of the Criminal Code respectively. The two articles were the laws most commonly used to prosecute junta opponents.
However, this order does not cover lawsuits initiated before the order was issued. This means that all cases of crimes against national security tried in military courts before 12 September will not be affected by the order.
According to iLaw, a human rights advocacy group, 68 civilians have been charged with the lèse-majesté law and 60 have been charged with the sedition law since the 2014 coup. At least 278 civilians have been tried in military courts during the same period.
The order also fails to cover cases of arm possession; breaches of NCPO Order No. 3/2015, the junta’s public gathering ban; and NCPO Order No. 13/2016, which gives military officers extra-juridical power. Crimes involving these laws still have to be tried in military courts.