MAC: The bomb explosion at Koh Samui Central Plaza, Suratthani case since April 2015: Two civilians to be tried in the Military Court as the Samui Court deems the case is subject to jurisdiction of the Military Court per the NCPO Order

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Muslim Attorney Center – MAC

Press Release

The bomb explosion at Koh Samui Central Plaza, Suratthani case since April 2015:

Two civilians to be tried in the Military Court as the Samui Court deems the case is subject to jurisdiction of the Military Court per the NCPO Order

 For immediate release on 1 August 2016

 

On 28 July 2016 at  9.00am, the Court of the 45th Military Circle read the decision on the adjudication of the power and duty of the courts concerning the Black Case no. 22 k/2558 between the judge advocate of the Court of the 45th Military Circle, the plaintiff, and Mr. Abdulroning Dueramae, defendant no.1 and Mr. Abdullah Samae, defendant no.2 who together stand accused of committing an act of terrorism, having in possession and using explosive material with the intent to kill other persons, causing an explosion which shall destroy the lives of persons and their properties, being complicit in premeditated murder, and committing an offence of thief. The Court of the 45th Military Circle read the verdict by the Provincial Court of Koh Samui which rules that this case is subject to the jurisdiction of the Military Court since the National Council for Peace and Order (NCPO) had successfully seized the ruling power by staging a coup and shall therefore be regarded as the supreme power holder of the land who have the power to issue any Notifications or Orders to be enforced on the people for the nation’s administration. Therefore, the two civilians shall stand trial in the Military Court and the Court of the 45th Military Circle has scheduled 25 and 26 October 2016 at 9.00am for the pretrial hearings.

The attorneys of the two defendants have pleaded the Court to have the adjudication of the power and duty of the courts since 21 December 2015 as they deemed the case should be tried in a Court of Justice (the Provincial Court of Koh Samui) since the two defendants are civilians and the alleged crime took place on 10 April 2015, after the NCPO had lifted Martial Law since 1 April 2015. Therefore, the enforceability of the NCPO Orders no. 38/2557 (2014) and 50/2557, (2014)  which had been promulgated by the virtue of Martial Law, should have ceased.

In adjudicating the power and duty of the courts, the Provincial Court of Koh Samui has determined the case shall fall under the jurisdiction of the Military Court since the National Council for Peace and Order (NCPO) had successfully seized the ruling power by staging a coup and is therefore regarded as the supreme power holder of the land who have the power to issue any Notifications or Orders to be enforced on the people for the nation’s administration. The NCPO Announcements no. 37/2557(2014), 38/2557(2014)  and 50/2557(2014)  themselves cannot hold a person liable. They are there simply to clarify as to which court shall have power over which cases. It does not deprive the defendant of their right to have access to the justice process. In addition, the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 (2014)’s Section 47 provides that all the orders made by the National Council for Peace and Order (NCPO) or the Head of the National Council for Peace and Order (NCPO) shall be legal Announcements or Orders, constitutional and final.

 

For more information;

  1. Mr. Abdulkohar Awaeputae, MAC’s sttorney, 081 898 7408
  2. Mr. Zakiman Benchadecha, MAC’s attorney 086 037 4318
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