Law and junta “law”

20 02 2018

The issue of junta law versus rule of law has been discussed by academics.Discussing this aspect of “rule of law,” where the junta uses law for propaganda and for political repression, is of critical importance.

An academic forum at Thammasat University “heard doubts about the legitimacy and lasting effects of laws enacted by the NCPO and the current appointed branches of government.” Teerawat Kwanjai, a law lecturer at Prince of Songkla University, observed:

The NCPO [the military junta] always claims that it follows the law, which is in fact the offspring of the junta’s own appointments…. This has paved the way for the NCPO’s almost four years in power, combined with the public’s fear of prosecution.

Teerawat pointed to examples of laws being used for repression and engendering fear as including “martial law; NCPO order no 3/2015, which authorises military officers to exercise police powers and arbitrarily detain people for seven days; the computer crime bill; and the public assembly bill.” Lese majeste appears to have gone missing due to self-censorship.

Whereas the junta “had initially relied on martial law but recently invoked its own orders to detain people in specific cases.” The junta now trusts the courts to enforce its will.