The issue was discussed at a public hearing on the draft charter held by the National, Economic and Social Advisory Council yesterday.

In the 1997 constitution military courts had the power to try and adjudicate military criminal cases and other cases as provided by law.

 However the new constitution increases their power by allowing them to try and adjudicate "criminal cases in which the criminals are persons under the realm of the military courts", said Suwanchai Saengsukeiam, a member of the council.

Suwanchai, who represented a group concerned with independent bodies and courts, said members of his group had asked: "Is there justice in a military court?"

"They questioned the qualification of the military judges to make decisions on a case, as they don't need to be trained by the Thai Bar Association," he said.

The group suggested that military judges should be graduates from the Thai Bar to ensure they have the professionalism to decide cases.

Suwanchai said members of his group wanted military courts to become as independent as other courts.

If the military court remains under the Ministry of Defence, it may affect its decisions, Suwanchai said.

Subhatra Bhumiprabhas

The Nation