THE ORGANIZATION OF MILITARY COURTS IN THAILAND

• Author: by Lieutenant Colonel Suthee Charoonbara
• Pages: 02

In this article, the author, a Thai judge advocate, describes the militaq justice system of the Kingdom of Thailand. Emphasis is placed on discussion of the various types of courts, both trial and appellate, their composition, jurisdiction, and sentencing powers. He describes the system as it has been since refoming legislation was enacted in 1955.

The author notea that the Thai judicial aystem is capped by two separate and independent supreme cowts. The civiltan sector has a Supreme Court, analogous mth the United States Supreme Court.

*The opinions and eonsiu8ioni preaented herein are thme of the author and do not necawsriiy represent the view8 of The Judge Advoeete General's School, U.SArmy; the United Stntea Department of the Army; any other agency of the United State8 Government; or my agency of the KIngdorn of Thailand

This article ie based upan 8 thelia written by the author while he was B mom-be? of the 27th Judge Advocate Officer Graduate (Advanced) Clssa nt TJAGSA, Chailottewille, Virginia, dvring academic year 1978-79. The srtiele updntca two pievious article8 on Thai military law. Thew are Ths Military Judtciol System ofThailand, by Major General Samrsn Knntqraha, then Viee Judge Advoeste Gen-eral of the Royal Thai Army and a member of the Military Supreme Court pub. liahed at 14 Mil. L. Rev. 171 (1 Oct. lSB11; and The Y,litary Judicral Syatem of Thailand. by Lieutenmt Genernl Sming Tailangkn, Judge Advaeste Generd, Ministry of Defenae, Bangkok, Thailand, publiahed at 64 Mil L. Rev. 161 (spring 1974).

Specisi thanks m e given to Professor Walter L. Williams, Jr., for his amistame m editing the artieie. Professor Willismi hna been a member of the fssuity of the Msrahdl-Wythe School of Law, College of William and Mary, Willismiburg, Virgmis, since 1972. He nerved on active duty in the U.S. Army Judge Advocate General's Corps from I S 7 to 1972, and ia eumently a mobihzatim designee to the JAG School, with the rank of lieutenant mimtl, USAR.

**JAW, Reyei Thai Army. During 1978, prior to coming to the JAG School 88 s arudent, the author was P pime~ut~radvisor, Milit~ry Piowcution Division, JAG Department, in Thailand LL.B.. 1964, Chulnlongkorn Universny; LLM., 1967, Southern Methodist University, Dallns, Term Graduate. April 1970, 66th Judge Advocate Olfleer Basic Course, TJAGSA, Charlottesville, Virginia. Mem. ber of the Thailand Bar Aaaocmtian.

There also extsts a Military Supreme Court, analogous iczth the United States Court of Military Appeals ereept that there 1s no mechanism for ChdkngLng 0 decision of the Military Supreme Court in the eivzlzan Supreme Court. The azcthor recommends that thzs be changed, and that one unifted Supreme Court be established for both the mzlitary and etdtan judteial Systems together. Thts would prevent diverge?Lt interpretation and application 0.f those porttons of the lax whteh apply to eiotlians and milttary personnel alzke

The following artde updates t u aiticles on Thai military lax

published prebioasly in the Military Laic Review, at 14 .Mil L. Re%. 171 /I Oet. 19611 and at 64 .Wd L Rev. 151 ispnng 1971).

1. INTRODUCTION

   1. HISTORICAL BACKGROC.VD

      In 1955, the Act on the Organization of Military Courts (A.O.M.C.) (B.E. 2498)' established the modern military court system in Thailand, to try military personnel who fail to comply with military criminal law and other laas of a criminal nature. However, Thai military courts have existed for nearly two hundred years. From the first to the fifth reign of the Chakri Dynasty (1782-1892), courts with variow names and functions were attached to governmental departments snd ministries. One af these, the "Defense Court,'' wa8 vested with jurisdiction over all military personnel. The Defense Court could be considered as the first official Thai military court. It could also try civilians. The reason for the Defense Court's jurisdiction over civilians was that Thailand had frequent wars with ather countries sharing common borders, and the Defense Ministry, to which the Defense Court belonged, had respansibility for both military and civilian administrati0n.l

      19811 MILITARY COURTS IN THAILAND

      In 1802, the government passed the "Tra Sam Duang" lam3 This law provided for the punishment of soldiers who committed offenses an the battlefield. It authorized the commander to decide whether to take disciplinary action or to order trial by military court. The law also specified trial procedures and how and when the court would be constituted. In 1804, the government issued legislation called the "Rebellion" law, which was a part of the "Law of the Three Great Seals."34

      A major development in the Thai military court system occurred in 1891, when King Rama V established the Ministry of Justice. With the new organization of the Ministry of Justice, all courts ex-cept the Defense Court were placed under the authority of the Ministry ai Justice. The Defense Court still remained under the Ministry of Defense. During this period, the Thai courts were divided into civilian courts and military courts. In 1907 and 1908, the Act on

      'Tro Sam Dung mean& the "three cirtieS:'' each eiiele stands far m e aufhonfy, (1) a commander, (2) a legal officer. and (3) an officer having authority to farce men to go to UBI. These three kinds of officers cmstltured a quorum for B miliw~y eowt.

      J'ln 1767. the Burmese took Ayudhya after B long mge. The whole city was ihd waste Thousands of people were killed, injured, DL. carried away a8 pmmers to Burmn. Pmcticaliy ail the lrreplaeeable offieid recorda, annmis, legal documents. and literature were destroyed by fire. It ii recorded that the text of only one-tenth of the legidation ~n farce in the Isst days of Ayudhys wa8 saved from the remains af the late capitai Thereafter, because Thahnd was constantly at war, al-most forty years passed before the iar w a ~ finally repineed and revised

      In 1806. King R a m I (1782-18M). the founder of Bangkok, appointed B royal commission to overhaul the i w of the land. A mmumental effort was made to re-new the whole law in the light of then-contemporary n~tlons and learnmg. The revised Code of 1806, commonly knawn as the "Law of the Three Great Seals," wa8 framed with 811 the skill and ingenuity of the day The Code was more than P mere rsatatement of the prevailing pens1 and civil law sumvmg from the dehade of i767 The new Code contained not only the Dhsmmaaafiham of Ayvdhya but also subsequently iaaued royal deereel and edieta. Among its mam features were eeefiona on Ihe iar of evidence, the law governing the ordeals by fire and water, the law af appenls, and the law of husband and nfe. The Code WPB a unique nehwemenr, and practical in character. The greater part of it remained applicsble throughout the Kingdom lor the next m e hundred three yeara. Thalland Offi. Clai Year Book i964, at 240-41.

      the Organization of Army Courts (B.E. 2450)' and the Act on the Organization of Navy Courts (B.E. 2451) established separate Army court8 and Xavy courtn. In 1934, the Act on the Organization of Military Courts (B.E. 2477) merged the Army and the Navy courts into one military court system. In 1955, that Act was repealed and replaced by the A.O.M.C., which substantially reorganized the Thai military court system. The A.O.M.C. basically established the present form, structure and system of the Thai military courts.

   2. REASOXS FOR EXISTENCE OF THE THAI MILITARY COURT SYSTEM

      The reasons for the existence of a military court system separate from the civilian court system in Thailand undoubtedly are similar to justifications for separate court systems in other countries. How-ever, a brief recitation of those reasons is appropriate.

      1 To allau the eommmder an opportunity to closely participate tnthe ha1 of cnmznal offenses committed by his soldiers

      Military members are also citizens of the country. In this respect they are subject to all levels of civilian law j u t as are civilians. However, since military personnel are primarily responsible for protecting the highest of national Institutions, the Nation, the sacred Buddha's Religion, and the King, they are especially required to observe military discipline, rules, regulations and law. Normally, when they fail to camply with military regulations, rules, or discipline, the commander i8 authorized to exercise military disciplinary action against them. Hanever, sometimes their criminal offenses require more than the disciplinary measures exercisable by the

      'In 1922, the Act on the OrgnniBation of Army Courts (B.E.

      2463) repealed and

      King Ramn V, personal name Chulalongkam, reigned from 1868 to 1910 and IPfamous for his extenme and rueceaafvl efforts to modernize Lamese government and 90dety. and to open his country to vestern ideaa Ha continned the work started by hia father, Rams IY, perianal name Yongkut, king from 1861 to 188. Rama IV is known to Amerieans BQ the monarch in the Rodrers and Hammerstein mueieai. "The King and I" (1961). released 88 a film in I966 by 20th Century-Fox, starring Deborah Kerr and Yul Biynner "The King and P' was based on 8 book,"Anna and the King of Siam." by an Engliah author.

      famous for his extenme and rueceaafvl efforts to modernize Lamese government and 90dety. and to open his country to vestern ideaa Ha continned the work started by hia father, Rams IY, perianal name Yongkut, king from 1861 to 188. Rama IV is known to Amerieans BQ the monarch in the Rodrers and Hammerstein mueieai. "The King and I" (1961). released 88 a film in I966 by 20th Century-Fox,

      starrmc Deborah Kerr and Yul Bwnner "The Kine and P' was based on 8 book."Anna and the King of Siam." by an Engliah author.

      replaced the 19Q7 leglrlnfmn.

      19811 MILITARY COURTS IN THAILAND

      commander. At thi8 point military law requires that their cases go to a military court. One purpose of military law, at this point, is to allow the commander an opportunity for close and full participation in the trial of the case, so that he will know the nature and...