PRIME MINISTER Prayut Chan-o-cha insisted yesterday that security-related cases already being tried in military courts would not be transferred to civilian courts, despite calls from rights groups for his government to do this.

“My order has been clear – it must not be retroactive [and involve trials already underway],” Prayutsaid after the Cabinet meeting yesterday.

Prayut was referring to his order on Monday that ended Military Court jurisdiction over internal security offences and cases on sedition and lese majeste.

Normal civilian courts will now deal with such matters.

Deputy Prime Minister Wissanu Krea-ngam, one of the government’s top legal experts, said the transfer would only cause unnecessary complications as most cases in military courts had already made substantial progress. In some cases, more than 10 people had already testified, he said.

More than 1,800 people involved in 1,500 cases have appeared in military courts since the 2014 coup. About 1,000 cases have reportedly finished, but about 500 are still being heard.

Justice Minister Paiboon Koomchaya said the lifting of military jurisdiction over civilians was the result of people’s cooperation.

Minor security issues were caused only by the same old groups of people. As the majority had showed understanding and cooperation, the restrictions should be lessened, Paiboon said.

It was also for preparing the country for an election, he said.

Deputy Premier Prawit Wong-suwan said the junta’s order to curb the use of military courts could be overturned if things got out of control.

Rights defenders saw the move as a superficial development because currently civilian defendants still have to pursue lawsuits in the military courts.

“We are very encouraged by (the junta’s) decision,” said Laurent Meillan, acting representative of the United Nations Human Rights |Office for Southeast Asia.

“However, as the order is only applicable to new cases, we urge the Thai government to implement it retroactively to ensure all civilian trials take place in civilian courts.”

The US and UK embassies also welcomed the junta’s move, but urged the government to take further action to lift restrictions on civil liberties and allow all Thais to participate freely and openly in build a consensus on how the country should proceed.

Prayut said the order was based on the principle to “make people happier”. “It’s universal that wrongdoers are punished. Whatever’s making this country unhappy is against the law,” he said.

The foreign community surely understood the reasons behind his administration’s actions.

“The only thing is that I didn’t come from an election. My administration always respects international principles,” the PM said.

“I do this of the sake of our country and also for others so that they can come to invest [here],” he said.

It was necessary for military officials to also retain their policing power according to the NCPO’s Order no. 13/2559. The order was mentioned in Monday’s order – as remaining in effect, as well as the NCPO’s Order no 3/2558, which bans political gatherings of more than four people.

This power application was also noted by the OHCHR and rights watchdogs, who called on the junta to also repeal these two orders to ensure the rights situation in the Kingdom improves.

Brad Adams, Human Rights Watch’s Asia director, said Monday’s order could be intended for the military government to deflect international criticism at the UN Human Rights Council. The government is due to give an update on rights progress following the UNHRC’s Universal Periodic Review in May.

“No one should be fooled by the Thai junta’s sleight of hand just before the Human Rights Council begins meeting in Geneva,” Adams said.

“The decision will spare many Thai civilians the injustice of a military trial, but repressive military rule is still a reality in Thailand.”

The Internet Law Reform Dialogue or iLaw, said civilians should never have been tried in military courts in the first place.

Military judges lacked academic credentials.

THE MILITARY court yesterday rejected a police request for the detention of four student activists accused of illegal political gathering.

This followed the controversial arrest of student activist Sirawit Serithiwat, better known as Ja (Sergeant) New, by eight military officers late on Wednesday at Thammasat University’s Rangsit campus.

In rejecting the police request to detain the four students for seven days pending investigation into the case, the court ruled that there were insufficient grounds, as the investigators had interrogated all the accused and their alleged offence carries only a light penalty.

Sirawit, one of the four accused, said yesterday that he would seek legal action against the military officers involved in this “violent behaviour”. He added that he already knew from which unit they came.

Prime Minister Prayut Chan-o-cha yesterday said he was not concerned about pressure from some foreign countries over the latest arrests. The PM said he could explain the matter to those countries, adding the government had provided written explanations that those facing legal actions had violated Thai law.

“It’s not my power; it’s the power of the law,” he added.

Prayut yesterday reacted angrily at Government House to reporters’ questions about Ja New’s arrest. He said the student activist and others had broken the law and there were arrest warrants for them.

He also took a swipe at Sirawit’s academic status. “I want to ask how long he has been a student and when he will graduate,” he told reporters.

Security-camera footage showed three uniformed soldiers grab Sirawit on a street outside his university. He was then seen frog-marched into a car and driven away in front of stunned bystanders.

Sirawit, 23, spent the night at Bangkok’s Nimit Mai Police Station and was handed over to the Thon Buri Railway Police early yesterday.

Three other student activists wanted for the same charge — Chonthicha Jangrew, Chanoknan Ruamsap and Korakot Sangyenphan – were arrested yesterday morning when they came to visit Sirawit at the Railway Police Station.

Along with Sirawit, they were all brought to the military court for permission to place them in detention.

Another student activist, Apisit Sapnapapan, who was also wanted for the same charge, turned himself in yesterday afternoon.

All the accused yesterday denied the charge of illegal gathering, according to their lawyer Anon Nampa, from the Thai Lawyers for Human Rights Centre.

The lawyer said Sirawit would also file a police complaint against the military officers involved in his arrest at night.

Sirawit, who has been a thorn in the side for the junta, has led several anti-coup protests. Recently, he led students from the New Democracy Movement group on a train journey to the Army’s Rajabhakti Park in Hua Hin to highlight alleged irregularities in its construction. Police accused the student activists of illegal political gathering.

Meanwhile, US State Department deputy spokesman Mark Toner yesterday expressed concern over restrictions on human rights and fundamental freedoms in Thailand after the arrest of Ja New. However, Toner declined to comment directly on the arrest.

“I’ve seen reports. I just can’t – I don’t have enough details to comment on the specific case,” he said, when asked to comment on the arrest.

When pressed for more reaction, he replied: “I’ll just say we remain concerned by continued limitations on human rights and fundamental freedoms in Thailand, including undue restrictions on freedom of expression and peaceful assembly. We would urge the Thai government to ensure full respect for freedom of expression and other human rights and fundamental freedoms.”

Colonel Winthai Suvaree, spokesman for the ruling National Council for Peace and Order, yesterday denied allegations of assault. He noted that Sirawit had become more provocative recently.

“I believe that people who have followed this matter are well aware about his real intention,” the spokesman said.

He said there was no use of force during the arrest. “He was treated leniently and in accordance with the law; there was no violence,” Winthai told reporters, adding the activists had refused to cooperate with authorities.

However, Sirawit said on the website of his group New Democracy Movement that he was blindfolded while being taken to the suburban police station. He claimed to have been booted, slapped and pounded with a fist a few times, and said he felt like being prodded with the muzzle of a gun.