Military courts to allow appeals now that martial law is gone

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Military courts to allow appeals now that martial law is gone
THE NATION

BANGKOK: -- COLONEL Thamrongsak Wiwattanawanit, deputy chief judge of the Bangkok Military Court, said yesterday that since martial law has been lifted, plaintiffs and defendants of cases tried in military courts after April 1 will now be able to lodge an appeal against rulings by the lower military court within 15 days of a verdict.

The Military Court Act has been amended to extend the appeal period from 15 days to 30 days, but although the National Legislative Assembly has passed the amendment, it has yet to take effect.

Judge advocate Maj-General Panomthep Wesaratchanant said the Military Court is adopting a three-court system now that martial law has been lifted. Plaintiffs and defendants of cases tried in military courts taken up after April 1, can seek appeals against military lower court rulings and the Military Court of Appeals' ruling and have final judgement ruled by the Supreme Military Court.

Martial law was lifted on April 1. Appeals are not allowed for cases filed before martial law was lifted.

From May 25 last year up till March 31, Bangkok Military Court heard 148 cases and detained 172 suspects. The court has accepted 85 cases, completed hearings on 52 cases and has 33 cases pending.

As of now, suspects are detained for 45 cases, while 18 cases have been rejected, and 80 arrest warrants and two search warrants issued.

Martial law is still in place in southern border provinces and all cases there will be tried under military courts.

Under Article 44, four types of cases can go to the Military Court - security offences, possession of war-grade weapons, violation of junta orders and violation of lese majeste law.

Surachai Saramtae, a judge advocate at the Bangkok Military Court, said that though the 2007 Constitution has been revoked, the interim charter empowered all courts of justice and every military court to continue their roles and responsibilities.

The scope, procedures and authority of military courts was stipulated in the 1954 Military Court Act.

Source: http://www.nationmultimedia.com/politics/Military-courts-to-allow-appeals-now-that-martial--30257643.html


-- The Nation 2015-04-08

[NeverSure]

That's better. Only 4 types of cases can go before the military courts including disobeying junta orders.

[greenchair]

I am sad the 58 year old man sentenced to 25 years in prison for writing on Facebook will not have the right of appeal.

The 62 year old man sentenced to 15 years in prison for writing graffiti on a wall, will not have the right to appeal.

And especially the 2 university students sentence to prison (not sure how many years).

They were sentenced for acting in a school play in 2010 before the military justice for civilians was even law.

These young uni students will not have the right to appeal.

The government has the power and the duty, to do more to assist idealists caught up in the political conflict. These people are not criminals with weapons nor intent to harm their nation or it's citizens.

They deserve a second chance to present their case to the courts.

[Srikcir]

"plaintiffs and defendants of cases tried in military courts after April 1 will now be able to lodge an appeal against rulings by the lower military court within 15 days of a verdict."

EXCEPT when the Junta decides otherwise under Article 44! The Junta has the power to REVERSE any court decision, whether civilian or military court. This is what having absolute power is all about.

[Chris Lawrence]

Right of appeal? Still wouldn't hold my breath for a win. Most held, charged or waiting for their house to be searched are more than likely mates with that guy from Chiang Mai?