Access Constraints to Justice in Military Disciplinary Proceedings

Abstract

This article examines the impediments to access to justice regarding military disciplinary sanctions, focusing on the administrative appeal process and the complexities of judicial jurisdiction. It further conducts a comparative study of foreign legal frameworks—specifically those of France, Germany, Italy, and Spain—to synthesize policy recommendations for Thailand. Employing a documentary research methodology, the study analyzes relevant literature and legal precedents concerning judicial recourse in military disciplinary matters across these jurisdictions.

The findings reveal that Thai military personnel face significant constraints in exercising their legal rights to appeal disciplinary orders, which constitute administrative acts. A critical jurisdictional lacuna exists: neither the Military Courts nor the Administrative Courts currently possess the authority to adjudicate disputes arising from military disciplinary proceedings. Although the Courts of Justice maintain general jurisdiction, they are deemed an inappropriate forum, failing to provide effective judicial protection for disciplined personnel. Consequently, the study proposes that jurisdiction over military disciplinary disputes be transferred to the Administrative Courts, leveraging their specialized expertise and procedural mechanisms tailored to ensure justice in administrative litigation.