Top court dismisses NCPO rebellion suit

The Supreme Court yesterday threw out a lawsuit in which activists had accused the military regime of insurrection.

Upholding lower court rulings, the Supreme Court said yesterday it could not hear the case because Section 48 of the 2014 interim constitution exempts the National Council for Peace and Order (NCPO) from any criminal and civil liabilities.

Although the 2017 constitution replaced the interim charter, the new constitution endorses the exemption in Section 279, the court ruled.

The lawsuit was brought by a political group calling itself the Resistant Citizen Group. Led by Pansak Srithep and 15 others, the group filed the lawsuit against Gen Prayut Chan-o-cha and the NCPO in May 2015, accusing the junta of insurrection stipulated under Sections 113 and 114 of the Criminal Code when they staged the 2014 coup.

Apart from Gen Prayut, the others named in the suit were: Education Minister Adm Narong Pipathanasai; Deputy Prime Minister and Justice Minister ACM Prajin Juntong; Labour Minister Pol Gen Adul Sangsingkeo and Gen Tanasak Patimapragorn, also a former deputy prime minister.

These f our also serve as NCPO deputy chiefs.

The court of first instance dismissed the case outright in 2015. Despite admitting the seizure of power was not democratic, the court cited the same reason for not accepting the case as the Supreme Court yesterday.

Two months later, the activists appealed, saying they disagreed with a constitutional provision written by criminals to absolve themselves from guilt.

In February 2016, the Appeal Court upheld the lower court’s ruling, saying any act by the NCPO was legitimate. It refused to look at the appeal.

Three months later, the group filed another appeal with the Supreme Court.

Arnon Nampa, the Resistant Citizen Group’s lawyer, yesterday said the court’s ruling would be respected, adding that the group was satisfied with having had the opportunity to exercise the right to file a suit against the NCPO over the coup.

It was regrettable though that “we don’t have a trial and have no way of showing evidence and arguing in court to set a precedent for the future”, he told the media.

However, the ruling reflected that the coup makers were removed from guilt by using a legal loophole under the constitution that was drafted by themselves, he said.

“We [the group] had tried to prove that the coup four years ago has caused damage to our country. Now, we think we know the answer. The answer is a mutual victory and at the same time a defeat [for the Thai people] who failed to bring the coupmakers to justice,” Mr Arnon said.

Mr Arnon said he was afraid that the judicial system, as it is, could facilitate a future coup which will hinder the country’s development.

“Despite the ruling, we will double our efforts to have all coupmakers stand trial no matter how long it might take,” Mr Arnon said.

“We might not have won today but Thai society will eventually prevail over the coup makers. Currently the law can’t harm them, but public awareness can,” said Mr Arnon.

“Even though Thailand has not reached that stage yet, I believe we are moving to that point because all sides understand that the coup hasn’t brought the nation prosperity as some expected earlier,” he added.

The Thai Lawyers for Human Rights (TLHR) tweeted yesterday that the court’s ruling showed the people had again failed to hold the coupmakers accountable.

The case was the fourth time Thai citizens have tried, and failed, the tweet said.

All four efforts ended in the same way — the courts refused to accept the cases for consideration.

“Such impunity has led to an endless vicious cycle of coups in Thailand, 10 of which were successful,” the TLHR said.