Wiroj plans to revive "Bring Military to Civilian Court" campaign, calls on PM to sign OPCAT for torture investigations

Wiroj Lakkhanaadisorn, a People's Party list-MP and Chairman of the House Committee on Defence, has announced plans to revive the “Bring Military to Civilian Court” campaign following the recent Supreme Military Court ruling on the case of Phakhapong “Meay” Tanyakan, a first-year cadet who died after being disciplined by senior officers at the Armed Forces Academies. The court sentenced the defendants to four months and 16 days in prison, suspended for two years.

Wiroj stated that the committee is aware that the Tanyakan family is seeking to reopen the criminal case, and the committee will gather further details and consult the Ministry of Justice about the steps to reopen the case. He acknowledged that the ruling has reached the Supreme Military Court but affirmed that the issue requires thorough investigation, particularly regarding efforts to reopen the case and demand greater compensation.

Regarding the resolution of such issues, Wiroj suggested that military personnel involved in any corrupt actions should be tried in criminal courts for all cases, arguing that many incidents of abuse in military camps are not about maintaining discipline but are related to corrupt practices or bullying within the armed forces. He stressed that such actions, leading to injury or death, fall under the category of torture. He is confident that if the military courts, which have been criticised for fairness, remain in place, this culture of impunity will persist.

Wiroj also called on the Prime Minister to sign the Optional Protocol to the Convention Against Torture (OPCAT), which would allow the National Human Rights Commission (NHRC) and the United Nations to investigate torture within the military without prior notice. He assured that this would not affect national security, as the inspections would focus solely on torture issues, not military operations.

Regarding the sentence of four months and 16 days with a suspended sentence, Wiroj questioned the fairness of allowing someone who killed a fellow soldier to continue serving in the military or police. He urged the five armed forces commanders to reconsider the matter.

Wiroj also mentioned the Anti-Corruption Bill, which had stalled in the second and third readings in Parliament. Pheu Thai previously ran a campaign for military personnel to face civilian courts, but the party later dismissed the issue, he added.

“Since Pheu Thai no longer sees the matter as significant, the committee will take it forward and start collecting signatures, aiming to present it to the House of Representatives once again,” said Wiroj.

Ekarat Udomamnuay, an MP for Bangkok from the People's Party and Secretary of the Committee, stated that the issue raises questions regarding disproportionate sentencing and the justice process, where the family of the deceased did not receive fair treatment. All of this stems from the Military Court regulations, which do not grant civilian victims the right to directly sue the military, but instead require them to file through the military prosecutor, who acts as a filter. Even if the victim is the joint plaintiff, they cannot proceed without approval. This system remains under the control of the executive branch, specifically the Minister of Defence, as well as the judiciary that hears the case and the prosecutors who are part of the same faction.

He questioned whether this is the type of judicial system society desires and expressed the need for military courts to be independent of the executive branch, with checks and balances to ensure equal rights, similar to civilian courts.

Ekarat added that there is a need to push for amendments to the Prevention and Suppression of Torture and Enforced Disappearance Act, which the People’s Party has already submitted for inclusion in the legislative agenda. The proposal aims to ensure that if someone dies while under military discipline, it would be classified as torture, and the case would be tried in the criminal court for corruption and misconduct. He called on the Cabinet to promptly propose this legislation so that both military and civilian courts are aligned with the same standards. Furthermore, the People's Party has also submitted a proposal to remove the military court from the constitution and urged everyone to support this effort.