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Restrict the use of martial courts: EU


Lite Beer

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MILITARY RULE
Restrict the use of martial courts: EU
The Nation

BANGKOK: -- The EU Delegation urged the Thai government to "restrict" the use of martial courts to military offences committed by military personnel.

In a statement, it expressed concerns about the continued use of military courts to try civilians.

It was also concerned about detention without judicial overview. It noted that Thailand, as a state party to the International Covenant on Civil and Political Rights (ICCPR), 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. Rule of Law and the protection and promotion of Human Rights are crucial elements for stability and progress."

Two days ago, the Office of the High Commissioner for Human Rights (OHCHR) expressed concerns on 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.

Source: http://www.nationmultimedia.com/breakingnews/Restrict-the-use-of-martial-courts-EU-30254079.html

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-- The Nation 2015-02-13

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The EU's legal opinion was drafted in large part by the German legal experts.

These were the same people who put together the forceful statement on human rights that was far tougher than the US position.

All eyes have been on the USA, but I wouldn't be surprised if the EU imposes sanctions, even if they are toothless and for show. This would then force the USA to follow suit and would push Australia,New Zealand, Japan , South Korea, Taiwan and Canada to follow. That's the way sanctions ripple out.

The General needs to manage this situation, and not fall back on the strategy he used with the USA as the EU tends to get its back up at such reactions. If envoys are threatened as was the US envoy, the response will be a lot more forceful than the USA's, which basically laughed it off with a "you gotta be kidding peewee" response in diplomatic speak. Thailand is on a slippery slope and the usual flip flop footwear is not appropriate.

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Under Martial Law a lot is possible, even in those countries now protesting to be careful and keep civilians out of a Military Court.

Mind you, even without Martial Law some countries still try civilians in Military Courts. A quick search on civilians military court

gave me

Dec, 2014 http://news.asiaone.com/news/world/egypt-try-hundreds-civilians-military-courts

Jun., 2011 http://news.yahoo.com/civilian-appeals-conviction-military-court-203629731.html

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Under Martial Law a lot is possible, even in those countries now protesting to be careful and keep civilians out of a Military Court.

What does that even mean?

That under Martial Law lots of 'normal' rights are temporarily diminished. Check wiki

http://en.wikipedia.org/wiki/Martial_law

Under normal law there's the part you removed.

"Mind you, even without Martial Law some countries still try civilians in Military Courts. A quick search on civilians military court

gave me

Dec, 2014 http://news.asiaone.com/news/world/egypt-try-hundreds-civilians-military-courts

Jun., 2011 http://news.yahoo.com/civilian-appeals-conviction-military-court-203629731.html

"

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It has just as much to do with the illegitimacy of the junta as it does martial law. From the OP:

"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. Rule of Law and the protection and promotion of Human Rights are crucial elements for stability and progress."

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OK, but I am still confused as to what your actual point is in the context of the O.P, and I haven't even started drinking yet. Perhaps if you slow things down and spell things out?

He doesn't have a point.

The issue for the international community is that the junta is illegal and illegitimate and doesn't have the standing to prosecute anyone. Full stop.

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The EU's legal opinion was drafted in large part by the German legal experts.

These were the same people who put together the forceful statement on human rights that was far tougher than the US position.

All eyes have been on the USA, but I wouldn't be surprised if the EU imposes sanctions, even if they are toothless and for show. This would then force the USA to follow suit and would push Australia,New Zealand, Japan , South Korea, Taiwan and Canada to follow. That's the way sanctions ripple out.

The General needs to manage this situation, and not fall back on the strategy he used with the USA as the EU tends to get its back up at such reactions. If envoys are threatened as was the US envoy, the response will be a lot more forceful than the USA's, which basically laughed it off with a "you gotta be kidding peewee" response in diplomatic speak. Thailand is on a slippery slope and the usual flip flop footwear is not appropriate.

What the h*ll are you talking about? This sounds like wishful thinking from someone with a bias. The EU is a community of 507 million people which 80 million live in Germany.

If you think the EU is toothless and for show, you know nothing about Europe.

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<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

The US, UN and now the EU interfering in Thai sovereignty - Our resident Juntanistas will be in apoplexy! Let the rest of the world bashing commence...


Don't forget Japan.

The Japane$e $eemed to get a free pa$$ for $ome rea$on I am un$ure about...

Maybe because they are, like allegedly Thailand, a constitutional monarchy and had a history as a kingdom, albeit under an emperor?

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