Military court amendment approved despite criticism

[webfact]

Military court amendment approved despite criticism
PRAVIT ROJANAPHRUK
THE NATION

BANGKOK: -- THE NATIONAL Legislative Assembly (NLA) approved the proposed amendment to the 1955 Military Affairs Act despite concerns by critics both at home and abroad that the amendment could lead to the detention of civilians by military commanders.

The National Human Rights Commission had said it would submit a letter requesting that the Cabinet ensure a written instruction, or an addition, was made to the amendment to make it explicit that civilians would not be affected.

NHRC member Niran Pitakwatchara said the decision to submit the letter was made after a representative from the Defence Ministry's legal division insisted it was up to the NLA, or another responsible body, to decide whether to implement an amendment that would give the military the power to detain military personnel if a military court were not accessible or the court could not issue a detention order in time.

Sceptics, including the NHRC, wanted the law to clearly state that such power would not be extended to civilians and would be enforced by military officers only.

They claim the spate of arrests and detentions under the martial law imposed since the coup could be exacerbated under the proposed amendment to Article 46, which allows for "suspects", who could liberally be interpreted as civilians as well, to be detained without recourse to justice for 84 days as opposed to the current seven days under martial law.

A Defence Ministry spokesman tried to allay those concerns.

"Article 46 will definitely not lead to the detention of civilians," said Colonel Supachai Indaruna, director of the Military Legislation and Foreign Affairs Division of the Judge Advocate General's Department of the Defence Ministry.

He was speaking at a meeting with the NHRC yesterday at the Rights Commission Office.

The amended Article 46 states that, "In case of emergency or needed circumstances, the article allows military commanders to detain military personnel for up to 84 days."

Supachai said now that the proposed amendment has been approved by the NLA, military commanders will be instructed to detain military personnel only.

He gave the example of Thai Navy commanders fighting pirates off Somalia who may need to quickly detain a sailor as the rationale behind the proposed amendment.

He said the proposal was different to the seven-day detention without charge imposed by the National Council for Peace and Order (NCPO) since the coup.

"Those [civilians] detained under martial law are people who may be dangerous or possess an attitude that is not beneficial to the nation," he said.

"We invite them to report themselves [to the NCPO] and detain them for no more than seven days. Once the attitude adjustment is done we will let them go so they can carry on with their duties.

"This is different from detaining [criminal suspects] because these detainees are not suspects. Suspects are those who are accused of or commit a criminal offence and we must separate the two groups."

Not satisfied with the explanation, Somchai Homlaor, deputy chairman of the NHRC subcommittee on citizens and political rights, pointed out that, under martial law, some civilians accused of violating the lese majeste law or opposing the coup had been arrested and detained by military officers.

Somchai said it was this abuse of martial law that led to concerns that the amended Act would further affect civil rights of civilians. These suspects, he said, should have been handled by police.

"The detention of [criminal] suspects for seven days under martial law led to the confusion," he said, adding that people were concerned the amendment would be abused, just as martial law was being abused, unless it was explicitly written that the power was for the detention of military personnel only.

Supachai replied by saying that if something explicit were to be added, it would be up to the NLA.

Source: http://www.nationmultimedia.com/politics/Military-court-amendment-approved-despite-criticis-30254493.html

-- The Nation 2015-02-20

[cumgranosalum]

I think many TV members are blissfully unaware of what is going on here. This is a country many of us live and work in and we will have to face some serious self-examination in the future.

Can we in all good conscience support a regime that is eroding human rights?

Will we in fact be welcomed any more by a government that is clearly quite paranoid about foreigners?

do we want to live under such a repressive regime where we can't even post opinions freely on local web sites?

Edited February 20, 2015 by cumgranosalum

[Eric Loh]

Why need such draconian laws when you have majority support?

[Srikcir]

"military commanders will be instructed to detain military personnel only."

Here is the REAL rule of law under the Junta. It is subjected to the whims of the lowest level of military personnel who are not held accountable for their decisions and cannot be reviewed or appealed except through the military chain of command. "Instructions" can change without judicial challenge or rationale. "Instructions" need not consistently or equally be applied.

So long as the Junta retains absolute power over Thai People's sovereignty, there can never be truly a REAL rule of law. It will only be the rule of the military.

Welcome to Thailand's new "democracy."

[Plowman]

This is a thread you won't see the likes of Djjamie on as it is a thread where his fantasies are forced to make way to the brutal reality of military states!

[lildragon]

This is a thread you won't see the likes of Djjamie on as it is a thread where his fantasies are forced to make way to the brutal reality of military states!

Nope he only really appears in threads were he can have a bash at the shins/red shirts or those 'Prayuth is so popular, see here's a meaningless poll proving it' threads.

"Those [civilians] detained under martial law are people who may be dangerous or possess an attitude that is not beneficial to the nation," he said.

"We invite them to report themselves [to the NCPO] and detain them for no more than seven days. Once the attitude adjustment is done we will let them go so they can carry on with their duties."

He wont come into defend something like this, unless of course he spins it around to make it about Thaksin/red shirts somehow, deflecting attention away from the actual issue of our holy, oppressive saviors of Thailand.

[harada]

This calls for a rethink on my future plans.

[ExPratt]

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

I think many TV members are blissfully unaware of what is going on here. This is a country many of us live and work in and we will have to face some serious self-examination in the future.

Can we in all good conscience support a regime that is eroding human rights?

Will we in fact be welcomed any more by a government that is clearly quite paranoid about foreigners?

do we want to live under such a repressive regime where we can't even post opinions freely on local web sites?

Agreed if this attempted crushing of Junta opposition and freedom of speech continues , Thailand will not be a country where I would want my Children to grow up. However I do not think all is lost, Lets see what happens in the next 12 months

[cumgranosalum]

There seems to be a total absence of any of the usual justifiers and apologists on this thread. I guess it makes them feel a bit uncomfortable?

[eguerra305]

So glad I decided to move back stateside this month, 6 years was great but being harassed by police the whole month of December plus all of these developments happening it sure looks like it's going to be the new China over there.

[ExPratt]

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

There seems to be a total absence of any of the usual justifiers and apologists on this thread. I guess it makes them feel a bit uncomfortable?

It may be dawning on some people what is happening here, Many "Support" the Junta because they despise the Shinawatras rather than actually liking Military Juntas. They could have been a force for good but its not Turning out that way now

[h90]

I think many TV members are blissfully unaware of what is going on here. This is a country many of us live and work in and we will have to face some serious self-examination in the future.

Can we in all good conscience support a regime that is eroding human rights?

Will we in fact be welcomed any more by a government that is clearly quite paranoid about foreigners?

do we want to live under such a repressive regime where we can't even post opinions freely on local web sites?

Welcome to Thailand as you are obviously new here! The most eroding of human rights was under Thaksin and he wasn't paranoid about foreigner, he was racist. (Recall his many "Thais can do it better....", or the genetic test for some northern tribes and taking away the ID card if they weren't genetic Thais).

Also the Internet restrictions were implemented by Thaksin and canceled by Sonthi after the coup. I don't know who re-introduced them.

While I don't like this government, it is still the best one I have seen here (well not much competition).

[lildragon]

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

There seems to be a total absence of any of the usual justifiers and apologists on this thread. I guess it makes them feel a bit uncomfortable?

It may be dawning on some people what is happening here, Many "Support" the Junta because they despise the Shinawatras rather than actually liking Military Juntas. They could have been a force for good but its not Turning out that way now

This is the thing, they are now realizing the 'shinier' of the two turds might not be so wonderful after all.

Edited February 20, 2015 by lildragon

[Prbkk]

There seems to be a total absence of any of the usual justifiers and apologists on this thread. I guess it makes them feel a bit uncomfortable?

One in particular is conspicuous by his absence....the poster who used to go on endlessly about the 15 principles of democracy. It must have dawned on him, at long last, that there isn't a single one left under this regime.

[cumgranosalum]

I think many TV members are blissfully unaware of what is going on here. This is a country many of us live and work in and we will have to face some serious self-examination in the future.

Can we in all good conscience support a regime that is eroding human rights?

Will we in fact be welcomed any more by a government that is clearly quite paranoid about foreigners?

do we want to live under such a repressive regime where we can't even post opinions freely on local web sites?

Welcome to Thailand as you are obviously new here! The most eroding of human rights was under Thaksin and he wasn't paranoid about foreigner, he was racist. (Recall his many "Thais can do it better....", or the genetic test for some northern tribes and taking away the ID card if they weren't genetic Thais).

Also the Internet restrictions were implemented by Thaksin and canceled by Sonthi after the coup. I don't know who re-introduced them.

While I don't like this government, it is still the best one I have seen here (well not much competition).

Ah here's one! - someone who thinks that the sins of one justify the sins of another. ...and notably doesn't address the issue either - to hot to handle?

[NeverSure]

There are many posters on this forum who believe that since the Shinawatras were bad, then apparently any change is good. They justify the junta only by bashing anything red shirt.

We were all taught that two wrongs don't make a right. I have been opposed to any junta from the beginning and have taken a lot of heat for it.

Mark my words. This is only going to get worse. The elite in Thailand have no intention of handing the country back to a bunch of what they consider country bumpkins.

[ExPratt]

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

I think many TV members are blissfully unaware of what is going on here. This is a country many of us live and work in and we will have to face some serious self-examination in the future.

Can we in all good conscience support a regime that is eroding human rights?

Will we in fact be welcomed any more by a government that is clearly quite paranoid about foreigners?

do we want to live under such a repressive regime where we can't even post opinions freely on local web sites?

Welcome to Thailand as you are obviously new here! The most eroding of human rights was under Thaksin and he wasn't paranoid about foreigner, he was racist. (Recall his many "Thais can do it better....", or the genetic test for some northern tribes and taking away the ID card if they weren't genetic Thais).

Also the Internet restrictions were implemented by Thaksin and canceled by Sonthi after the coup. I don't know who re-introduced them.

While I don't like this government, it is still the best one I have seen here (well not much competition).

So was it Marshall law , suppression of freedom of speech, internment without trial or Attitude adjustment camps that swayed your "Best ever Thai government" decision ?

[greenchair]

Welcome welcome come into the light good people.

Splat splat ????

Be happy ??

[Jonmarleesco]

'Supachai ... gave the example of Thai Navy commanders fighting pirates off Somalia who may need to quickly detain a sailor ...' What a peculiar example. I should have thought the objective, in that instance, would be to detain the pirates - if not dispose of them ...

'"Those [civilians] detained under martial law are people who ... possess an attitude that is not beneficial to the nation ..."' Of which the military is the arbiter.

[brucec64]

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

I think many TV members are blissfully unaware of what is going on here. This is a country many of us live and work in and we will have to face some serious self-examination in the future.

Can we in all good conscience support a regime that is eroding human rights?

Will we in fact be welcomed any more by a government that is clearly quite paranoid about foreigners?

do we want to live under such a repressive regime where we can't even post opinions freely on local web sites?

Welcome to Thailand as you are obviously new here! The most eroding of human rights was under Thaksin and he wasn't paranoid about foreigner, he was racist. (Recall his many "Thais can do it better....", or the genetic test for some northern tribes and taking away the ID card if they weren't genetic Thais).

Also the Internet restrictions were implemented by Thaksin and canceled by Sonthi after the coup. I don't know who re-introduced them.

While I don't like this government, it is still the best one I have seen here (well not much competition).

So was it Marshall law , suppression of freedom of speech, internment without trial or Attitude adjustment camps that swayed your "Best ever Thai government" decision ?

Or the abysmal economic performance under the junta?

[chooka]

'Supachai ... gave the example of Thai Navy commanders fighting pirates off Somalia who may need to quickly detain a sailor ...' What a peculiar example. I should have thought the objective, in that instance, would be to detain the pirates - if not dispose of them ...

'"Those [civilians] detained under martial law are people who ... possess an attitude that is not beneficial to the nation ..."' Of which the military is the arbiter.

So basically what the Junta are are saying is, if you have a different opinion then your attitude is not beneficial to the cause/family heirloom/nation and you can be arrested.

[wabothai]

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

I think many TV members are blissfully unaware of what is going on here. This is a country many of us live and work in and we will have to face some serious self-examination in the future.

Can we in all good conscience support a regime that is eroding human rights?

Will we in fact be welcomed any more by a government that is clearly quite paranoid about foreigners?

do we want to live under such a repressive regime where we can't even post opinions freely on local web sites?

At this point many of us tv's would like to express our feelings and thoughts being quite aware what is going on.

However doing so we may end up in military jail. We are frequently warned by Thai visa.

guess we may just have to wait a bit. The Thai have to make the changes, nothing !!!!! we or even the embassies can do.

[baboon]

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

There seems to be a total absence of any of the usual justifiers and apologists on this thread. I guess it makes them feel a bit uncomfortable?

It may be dawning on some people what is happening here, Many "Support" the Junta because they despise the Shinawatras rather than actually liking Military Juntas. They could have been a force for good but its not Turning out that way now

This is the thing, they are now realizing the 'shinier' of the two turds might not be so wonderful after all.

Are you kidding? The junta supporters on here would back to the hilt literally anything they do.

[chooka]

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

I think many TV members are blissfully unaware of what is going on here. This is a country many of us live and work in and we will have to face some serious self-examination in the future.

Can we in all good conscience support a regime that is eroding human rights?

Will we in fact be welcomed any more by a government that is clearly quite paranoid about foreigners?

do we want to live under such a repressive regime where we can't even post opinions freely on local web sites?

At this point many of us tv's would like to express our feelings and thoughts being quite aware what is going on.

However doing so we may end up in military jail. We are frequently warned by Thai visa.

guess we may just have to wait a bit. The Thai have to make the changes, nothing !!!!! we or even the embassies can do.

If it is a one sided opinion in full support of the Junta then you have nothing to fear and are free to speak, just keep your thoughts in line with the propaganda and you will be fine. No need to bleed coups or name your children after Junta leaders like some on here tho.

[Maestro]

Removed an off-topic post and the replies to them.

[Thai at Heart]

They can actually keep a straight face while talijng about attitude adjustment like this?

[englishoak]

This is a thread you won't see the likes of Djjamie on as it is a thread where his fantasies are forced to make way to the brutal reality of military states!

Nope he only really appears in threads were he can have a bash at the shins/red shirts or those 'Prayuth is so popular, see here's a meaningless poll proving it' threads.

"Those [civilians] detained under martial law are people who may be dangerous or possess an attitude that is not beneficial to the nation," he said.

"We invite them to report themselves [to the NCPO] and detain them for no more than seven days. Once the attitude adjustment is done we will let them go so they can carry on with their duties."

He wont come into defend something like this, unless of course he spins it around to make it about Thaksin/red shirts somehow, deflecting attention away from the actual issue of our holy, oppressive saviors of Thailand.

You have been proven correct and spot on.

Its pretty clear whats happening little by little, a child can see it, its not the first time in history nor will be the last.

Do people really think Thailand is going to not have further coups or unstable times ?

What the junta and cheerleaders dont seem to grasp is.... in years to come this can easily be turned on whomever by whoever is holding the reins of power and their political disposition.....it can easily become their worst nightmare should political power change and then what ?

None of the junta cheerleaders acknowledge this and seem to think everything will stay as it is today...............whats coming round the corner will probably make the last few years of in fighting look like a walk in the park... this law is going to be used and abused, count on it and political camps will depend on who its used on, today on opponents tomorrow it could be the opposition in control .... then guess what will happen and who to ?

This is very bad for all Thai people no matter their political preference..... One day the people will realise whats been going on but by then itll be too late and all because hate and desperation has gotten the better of common sense and critical thinking... as usual in Thailand

Animal farm will probably be banned here soon as well.

Edited February 20, 2015 by englishoak

[chooka]

This is a thread you won't see the likes of Djjamie on as it is a thread where his fantasies are forced to make way to the brutal reality of military states!

Nope he only really appears in threads were he can have a bash at the shins/red shirts or those 'Prayuth is so popular, see here's a meaningless poll proving it' threads.

"Those [civilians] detained under martial law are people who may be dangerous or possess an attitude that is not beneficial to the nation," he said.

"We invite them to report themselves [to the NCPO] and detain them for no more than seven days. Once the attitude adjustment is done we will let them go so they can carry on with their duties."

He wont come into defend something like this, unless of course he spins it around to make it about Thaksin/red shirts somehow, deflecting attention away from the actual issue of our holy, oppressive saviors of Thailand.

You have been proven correct and spot on.

Its pretty clear whats happening little by little, a child can see it, its not the first time in history nor will be the last.

Do people really think Thailand is going to not have further coups or unstable times ?

What the junta and cheerleaders dont seem to grasp is.... in years to come this can easily be turned on whomever by whoever is holding the reins of power and their political disposition.....it can easily become their worst nightmare should political power change and then what ?

None of the junta cheerleaders acknowledge this and seem to think everything will stay as it is today...............whats coming round the corner will probably make the last few years of in fighting look like a walk in the park... this law is going to be used and abused, count on it and political camps will depend on who its used on, today on opponents tomorrow it could be the opposition in control .... then guess what will happen and who to ?

This is very bad for all Thai people no matter their political preference..... One day the people will realise whats been going on but by then itll be too late and all because hate and desperation has gotten the better of common sense and critical thinking... as usual in Thailand

Animal farm will probably be banned here soon as well.

saw that movies years ago, what she could do with a stallion and man's best friend.

[lildragon]

Look at my post on the first page. Hate to say I told you so

[metisdead]

Some more off topic deflection posts have been removed as well as the replies.