Either police or military members conduct arrests without warrant. In most cases, arrestees are taken into military custody and undergo interrogation which often takes for several days and weeks. During the interrogation, lawyers or family members of family do not have access to them.
Afterwards, the arrestees are handed over to the police which develops the FIR (first information report). During the investigation, in many cases, police detain them with court order. Although the accused has the right to bail under the law, it is quite rare that the accused are bailed since the coup.
Then, they were transferred to prisons where they are detained and face trials in prison courts. At this stage, the accused have access to legal counsel.
×
Prosecution case
Although the accused is entitled to cross-examine witnesses and challenge evidence. There is no healthy environment for lawyers who try to challenge or cross-examine. Lawyers are subjected to threats and harassments by judges or security officials at the courthouse.
Regardless of the argument or evidence, in most cases, the judge, believed to be under pressure, prosecutes the accused.
×
แแฏแแบแแแฝแแบแแตแแแถแ
Lawyers and accused often present witness and evidence only to take the benefit of meeting with family members (they are not allowed to meet with accused who are detained in prisons apart from these occasions).
×
Reversal of court decisions โ
The accused hardly files a motion to a higher court in practice.
Application of writs has also been suspended since the coup last year.
×
Final judgment and sentencing
Regardless of proper evidence, almost in all cases, the judges will convict the accused and sentenced to prison terms.
×
แตแขแผแบแธแขแแบแธแแฝแแแแผแบ
Many accused have lost faith in the appeal process as they do not believe in the justice system under the military rule. Thus, many accused are not interested in the appeal process at all.
Without court order, those arrested in the areas under martial law are typically taken into military custody and held in undisclosed locations. In some cases, accused persons are held in police station. Once detainees are transferred to the prison system, they are often not able to meet or communicate with family or legal counsel in these types of cases.
×
Sentencing
Persons convicted in a military tribunal may face life imprisonment or the death penalty.
The death sentence can only be issued with the approval of the SAC Chairman
Hard labour for unlimited years, only with the approval of the Commander.
Maximum sentence of the prescribed offense
×
แตแขแผแบแธแขแแบแธแแฝแแแแผแบ
The decisions of these tribunals are final. Even though the decision of these tribunals cannot be appealed to court, it can be submitted to SAC Commander in Chief or Local Command for revision.
×
Reversal of court decisions โ
The Commander in Chief or the applicable Commander are vested with the power to abolishing a decision in a case, increasing or commuting a sentence, or changing a sentence to another lesser one. They may also exert the authority to affirm a military tribunal conviction.
Application
Application must be made within 15 days from the day of a final judgement, applications can be made to the Chairperson of SAC, in case of death penalty.
Application must be made within 15 days from the day of a final judgment, applications can be made to the respective Command, in case of other sentences.
