Human rights advocates have attributed the junta’s recent order to cease trials of national security crimes in military courts to international pressure and the incapacity of military courts themselves, rather than the junta’s commitment to human rights.
NCPO Head Order No. 55/2016, released on 12 September, was seemingly a sign of Thailand’s improving human rights situation. The order states that any national security crime committed after 12 September, will be tried in civilian courts, rather than military courts (read the full order here).
During two years of the junta regime, 1,811 civilians have been tried in military courts. Most of them were anti-junta political activists charged with arms and weapons offense; Article 112, the lèse-majesté law; Article 116, the sedition law; or NCPO Order No. 3/2015, the junta’s public gathering ban. These defendants were unable to appeal their cases under military courts. Rights advocacy groups have repeatedly urged the junta to stop trying civilian in military courts but with little response from the junta.
But then, without any prior signs, the junta issued NCPO Head Order No. 55/2016. But is Thailand’s junta really moving forward to democracy? Will this order improve the country’s human rights situation? According to various experts who closely follow Thailand’s human rights situation, the order does not necessarily mean the junta is becoming more democratic. For instance, civilians accused of possessing arms and weapons have to be tried in military courts anyway.
Extension of military court jurisdiction over civilians (Infographic from Thai Lawyers for Human Rights)
Pleasing international community
Pimsiri Petchnamrob, a representative from FORUM-ASIA, believes that the motive behind the junta’s order is the upcoming Universal Periodic Review (UPR), which will be held on 23 September. The UPR is a mechanism used by the United Nations Human Rights Council (UNHRC) to review human right situations in countries across the world.
In the previous UPR in May, various countries urged Thailand to stop trying civilians in military courts, including Netherland, Greece, New Zealand, Norway, the USA, Australia, Belgium, Canada, Costa Rica, Czech Republic, Germany and Luxembourg. By issuing the Order No. 55/2016, the junta will therefore gain significant credibility from the international community.
“The junta may believe that it can control the country’s situation now that the charter draft has been passed by referendum. It might want other countries to see it as progressing towards civilian government,” Pimsiri told Prachatai. “Meanwhile, the junta still has other mechanisms [to suppress its opposition]. Order No. 13/2016, the suppression of influential figures, is still there and the Article 112 (the lèse-majesté law) still exists as always”
Reducing military courts’ burden
A political suspect (name withheld), who has been tried in a military court, does not believe that the junta really wants to strengthen freedom of expression or democracy. She told Prachatai that the junta merely wants to reduce the burden of military courts, which have to carry out too many lawsuits with very limited human resources.
“I have talked to a prosecutor’s assistant. He said that military courts’ tasks right now are overloaded. Previously, the courts only took care of soldier lawsuits but after the coup, all cases of national security crimes have been added in while the number of court staff remains the same. So I think that the order [55/2016] might merely aim to reduce burdens of military courts but doesn’t yield any tangible benefit to people,” said the suspect.
However, the suspect is optimistic about the recent order as she feels more comfortable fighting a case in civilian courts than military courts. Still, she believes injustices will still occur in civilian courts as long as the junta remains in power and can influence the justice system
“If I had to choose between civilian courts and military courts, I can defend myself more comfortably and receive more justice in civilian courts. However, even though the order restores the role of civilian courts, everything is still in the junta’s control and so it might not make any difference,” the suspect added.
Freedom of expression still criminalized
Yingcheep Atchanont, a worker at the human rights advocacy group iLaw, pointed out that the trialing of civilians in military courts is just the top of the iceberg. The real problem suppressing freedom of expression in Thailand is a number of undemocratic laws issued by the junta.
Yingcheep reveals to Prachatai that he does not see the recent order as a significant sign because many political activities, like gathering in public in groups with more than five people, remain criminalised. He said the junta should abolish these unfair rules, rather than just transferring all cases of their violation back to civilian courts.
He further explained that principly new laws should have a retroactive effect if they yield benefits to defendants. But Order No. 55/2016 states very clearly that it applies only to lawsuits that occur after 12 September 2016.
Yingcheep’s argument is supported by Winyat Chatmontree, a lawyers who has pleaded cases of various anti-junta activist. Winyat said that the order barely improve Thailand’s human rights situation since the NCPO Order No. 3/2014 and 13/2016 are still enacted and not converd in the recent junta's order. The junta, therefore, has a full power to arrest its opposition arbitrarily. He stated that junta should cease all prosecution against political prisoners, suspects and defendants in order to create real social reconciliation.
*Note: There was a mistake in this article but Prachatai has fixed it already.