UN calls on Thai govt to restrict role of military court

[webfact]

UN calls on govt to restrict role of military court
PRAVIT ROJANAPHRUK
THE NATION

BANGKOK: -- THE OFFICE of the High Commissioner for Human Rights (OHCHR) has voiced concerns about the proposed amendment of the 1955 Act on the Organisation of Military Courts, saying this could allow military commanders to detain both military personnel and civilians for up to 84 days without judicial oversight.

This proposal was put forward to the National Legislative Assembly (NLA) recently.

"Detention without judicial review breaches the International Covenant on Civil and Political Rights [iCCPR], to which Thailand is a state party. Under Article 9, a person detained on suspicion of a criminal offence is to be brought promptly before a judge. The Human Rights Committee that oversees the ICCPR has interpreted 'promptly' to mean within a few days," Rupert Colville, the United Nations' OHCHR spokesperson, said in a statement issued from Geneva on Tuesday.

The statement also said that OHCHR had received assurances from the government of General Prayut Chan-o-cha of its commitment to uphold its international human rights obligations.

"We urge the National Legislative Assembly to revise the proposed amendment in line with international human rights standards, including the right to judicial review of detention, right to counsel and right to appeal. We call on the government to restrict the use of military courts to military offences committed by military personnel. Under the ICCPR, Thailand has the duty to ensure that everybody has the right to a 'fair and public hearing by a competent, independent and impartial tribunal established by law' ... and the Human Rights Committee has underlined that the military character of a trial should in no way affect these rights," the statement read.

According to the NLA website, this amendment was proposed to the assembly in a letter signed by Prayut on December 9. The rationale listed in the proposed amendment, which includes raising the salaries of military court judges and officials, was that this change is needed to suit the current structure and activities of the military.

National Human Rights commissioner Niran Pitakwatchara said he will invite concerned officials from the Foreign Ministry to explain the proposed amendment next Thursday.

Source: http://www.nationmultimedia.com/politics/UN-calls-on-govt-to-restrict-role-of-military-cour-30253905.html


-- The Nation 2015-02-12

[tbthailand]

how reasonable that would be.... restricting military courts to military personnel.

[SoFarAndNear]

I think the country is very near of economic sanctions of western countries...

[Toknarok]

Just think about it. Do or say something that the Junta disagrees with and you can be banged up for almost 3 months without having a court hearing.

[klauskunkel]

in related news:

Thai military government requests UN to attend a meeting for attitude adjustment

[wabothai]

Next : UN bashing for inteverence.

[taony]

""Detention without judicial review breaches the International Covenant on Civil and Political Rights [iCCPR], to which Thailand is a state party."

"he statement also said that OHCHR had received assurances from the government of General Prayut Chan-o-cha of its commitment to uphold its international human rights obligations."

"According to the NLA website, this amendment was proposed to the assembly in a letter signed by Prayut on December 9."

At least he is a man of his word.

[h90]

UN is not my father some Thai premier once told

[heybruce]

"The rationale listed in the proposed amendment... was that this change is needed to suit the current structure and activities of the military."

I guess they got tired of rule by decree and want to formalize the military's control of the country.

[Laughing Gravy]

Please remind me wasn't the reason for the taking over of an elected government to give democracy back to the people. This has a funny way of showing it. After hearing today about the Government feel it is unfair to call it a "dickship", Can some one enlighten me on what would you call it with this sort of legislation is? Slavery?

[rubl]

Interesting article.

Under Martial Law both military and civilians can be brought before a Military Court. The UN seems to object, but only regarding the lack of rights given the civilians.

Under 'normal' circumstances it seems Military Courts can detain civilians and again the UN is concerned about the lack of judicial oversight.

I thought that under normal circumstances civilians could only be detained by military for as long as it takes to hand them over to civilian authorities. This doesn't seem to be true though as this article shows

http://news.yahoo.com/civilian-appeals-conviction-military-court-203629731.html

Mind you, other democratic countries seem to have possibilities as well

https://www.middleeastmonitor.com/news/africa/16436-egypt-tries-140-civilians-in-military-courts

[jayboy]

UN is not my father some Thai premier once told

And I'm sure you condemned Thaksin for his crassness - as I did at the time.But you are cravenly silent now when liberties are under assault as never before.

[greenchair]

I have watched quietly these last few months. In the beginning I was totally against these non elected personal. Then I saw that ,There was peace. No more fighting. for a wee while it looked like this might actually help Thailand to work together. I saw that most, from all sides were ready to put aside their differences.

Now it seems to me, that the weakest are being used by the strongest to send a fearful message. I see old people going to prison with no trial.

I see young university students ripped from their families and teachers. I see woman being harassed and intimidated by men with guns. Old people, woman and young teens hidden away so nobody knows what has happened to them or where they are.

All people red, yellow all parties should remember.

One day, it might be your mother or child or grandfather who disagrees accidently on Facebook. Then you will know the suffering of your own people. ??

[rubl]

I have watched quietly these last few months. In the beginning I was totally against these non elected personal. Then I saw that ,There was peace. No more fighting. for a wee while it looked like this might actually help Thailand to work together. I saw that most, from all sides were ready to put aside their differences.

Now it seems to me, that the weakest are being used by the strongest to send a fearful message. I see old people going to prison with no trial.

I see young university students ripped from their families and teachers. I see woman being harassed and intimidated by men with guns. Old people, woman and young teens hidden away so nobody knows what has happened to them or where they are.

All people red, yellow all parties should remember.

One day, it might be your mother or child or grandfather who disagrees accidently on Facebook. Then you will know the suffering of your own people. ??

You seem to see a lot. Maybe go tell the UN about it?

[greenchair]

I have watched quietly these last few months. In the beginning I was totally against these non elected personal. Then I saw that ,There was peace. No more fighting. for a wee while it looked like this might actually help Thailand to work together. I saw that most, from all sides were ready to put aside their differences.

Now it seems to me, that the weakest are being used by the strongest to send a fearful message. I see old people going to prison with no trial.

I see young university students ripped from their families and teachers. I see woman being harassed and intimidated by men with guns. Old people, woman and young teens hidden away so nobody knows what has happened to them or where they are.

All people red, yellow all parties should remember.

One day, it might be your mother or child or grandfather who disagrees accidently on Facebook. Then you will know the suffering of your own people. ??

You seem to see a lot. Maybe go tell the UN about it?

I don't need to. According to the topic the UN see what I see and see much much more.

Maybe you should get your eyes adjusted as so many people do. then maybe you will see what everyone else sees.??????

[iReason]

"We urge the National Legislative Assembly to revise the proposed amendment in line with international human rights standards, including the right to judicial review of detention, right to counsel and right to appeal."

"We call on the government to restrict the use of military courts to military offences committed by military personnel."

"Under the ICCPR, Thailand has the duty to ensure that everybody has the right to a 'fair and public hearing by a competent, independent and impartial tribunal established by law"

Well, how about that "interference" Uncle Too?

Your little bubble world is rapidly getting smaller. And scrutinized.

Don't get sad, don't write another song (and dance), just step aside. Fade away.

Before your autocratic megalomania and ineptness put's Thailand in further peril.

[rubl]

I have watched quietly these last few months. In the beginning I was totally against these non elected personal. Then I saw that ,There was peace. No more fighting. for a wee while it looked like this might actually help Thailand to work together. I saw that most, from all sides were ready to put aside their differences.

Now it seems to me, that the weakest are being used by the strongest to send a fearful message. I see old people going to prison with no trial.

I see young university students ripped from their families and teachers. I see woman being harassed and intimidated by men with guns. Old people, woman and young teens hidden away so nobody knows what has happened to them or where they are.

All people red, yellow all parties should remember.

One day, it might be your mother or child or grandfather who disagrees accidently on Facebook. Then you will know the suffering of your own people. ??

You seem to see a lot. Maybe go tell the UN about it?

I don't need to. According to the topic the UN see what I see and see much much more.

Maybe you should get your eyes adjusted as so many people do. then maybe you will see what everyone else sees.??????

The UN reasons from a lawyer's perspective seeing possible loopholes which should be fixed. You wrote you SAW. That's not the same.

[metisdead]

Posts containing unfounded speculative comments have been removed as well as the replies.

[baboon]

I have watched quietly these last few months. In the beginning I was totally against these non elected personal. Then I saw that ,There was peace. No more fighting. for a wee while it looked like this might actually help Thailand to work together. I saw that most, from all sides were ready to put aside their differences.

Now it seems to me, that the weakest are being used by the strongest to send a fearful message. I see old people going to prison with no trial.

I see young university students ripped from their families and teachers. I see woman being harassed and intimidated by men with guns. Old people, woman and young teens hidden away so nobody knows what has happened to them or where they are.

All people red, yellow all parties should remember.

One day, it might be your mother or child or grandfather who disagrees accidently on Facebook. Then you will know the suffering of your own people. ??

You seem to see a lot. Maybe go tell the UN about it?

I don't need to. According to the topic the UN see what I see and see much much more.

Maybe you should get your eyes adjusted as so many people do. then maybe you will see what everyone else sees.??????

The UN reasons from a lawyer's perspective seeing possible loopholes which should be fixed. You wrote you SAW. That's not the same.

Talk about clutching at straws... Jesus!

[rubl]

You seem to see a lot. Maybe go tell the UN about it?

I don't need to. According to the topic the UN see what I see and see much much more.

Maybe you should get your eyes adjusted as so many people do. then maybe you will see what everyone else sees.??????

The UN reasons from a lawyer's perspective seeing possible loopholes which should be fixed. You wrote you SAW. That's not the same.

Talk about clutching at straws... Jesus!

So, did you see anything like greenchair described? Did the UN give examples or did they lawyer like complain?

Are we in Thailand living in an atmosphere of fear because others keep telling us, because some keep telling what they 'saw'?

I saw Ms. Yingluck being followed around, just now on 5PM News Channel7.She smiled at the camera and gave the impression to have been terribly disappointed if the cameras hadn't been there. She even wore a very colourful sweater although not as colourful as those of the late Mick Ashton

[baboon]

^^

Yeah, yeah. Black still isn't white, no matter what word games you wish to play.

[rickirs]

First it's the USA interferring in Thailand's internal affairs. Then it's Japan. Now it's the UN. What's next, the whole world?

Oh wait. The UN represents 191 nations.

Maybe Gen. Prayuth can find some Martians who will understand the Junta's roadmap to restore democracy.