Judicial secrecy

31 10 2014

At The Nation there’s an attempt to shine a light on the military dictatorship’s desire to hold “closed-door trials in military court for civilian defendants and forbidding observers from taking notes in other cases undermines the due process of law…”.

Military regimes in Thailand use the law but are not governed by it.

Special concern is expressed by “both local and foreign observers” in for political prisoners, especially those held or charged with lese majeste.

Sunai Phasuk of Human Rights Watch states: “This [secrecy] is a cause for serious concern and goes against the National Council for Peace and Order’s assurance that the military court would follow due process [of law]…”.

Yingcheep Atchanont, from iLaw, stated that the sentencing of the two anti-coup protesters saw observers “instructed not to take any notes.” Yingcheep went on to speculate “that the judges might have banned observers from taking notes because they know this is not something the international community would appreciate,…” and stated: “My guess is that the court is also afraid, as they’re being watched by the media and the international community. The military court is aware that these are political trials, and that it would not look good in the eyes of the international community…”.

The right to fair trial is compromised “by the very fact that note-taking is forbidden and that the four lese majeste cases are being heard behind closed doors, without any observers or media.”


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