Students campaigning for debates on the constitutional referendum are preparing documents to challenge the detention authority of the military court as one of students has fallen sick behind bars, according to their lawyers.
The Thai Lawyers for Human Rights initially planned to appeal against the poor treatment of democracy advocacy students to the Corrections Department. But the Bangkok Remand Prison has improved their their treatment and conditions.
"All of them are students who are temporarily detained. Some are master's degree students who need time to read textbooks instead of working outdoors. Now they have been moved to work in the library," said Mr Krisdang Nutcharut, one of the lawyers.
Thirteen activists were arrested in Samut Prakan on June 23 while distributing leaflets urging citizens to vote "no" in the Aug 7 referendum.
The student activists were charged by a military court with violating the Referendum Act and regime order 3/2558 banning demonstrations.
Six of them were released on bail, while seven remain in detention. A second remand hearing has been scheduled for July 5.
"We will bring to light that the military court does not have the authority to remand these students.
"After all, order 3/2558 has no legal bearing since the public demonstration act was enacted in August last year. If the students violated this law, only the Criminal Court can hand down a sentence or fine," said Mr Krisdang. He said a 27-year-old detainee, Ramkhamhaeng University student Thirayuth Nakananram is now suffering from a mouth ulcer.
He added that the students did not actually refuse to seek bail but that police and the military had apparently made clear before the court that they should be detained and were preparing objections to any bail.
"It's not that we, as lawyers, are advising them to remain stubborn. They are sacrificing their freedom to tell the public that they don't recognise the ill-defined authority of the military court. Legally, they simply refuse to recognise the temporary detention," Mr Krisdang said.
He said he would appeal to the military court to release the students on Tuesday.