Committee on justice process came up with a plan for reforming in 10 areas of justice process. The Correction Act, B.E. 2560 (2017) was enacted to make relevant actions consistent with the universal principles. Concerning temporary release, a project to develop systems for risk assessment and supervision during the temporary release, and another project on temporary release with an electronic monitoring equipment (EM), are also helping accused or defendants to have more opportunities to be released. EM was also used with wrongdoers in the probation system However, certain worrisome situations were still found that the government should realize and pay attention to, including death of persons while being detained by state agencies, justice process in the condition that special legislation is being enforced in the case of the National Council for Peace and Order (NCPO)’s Annoucements no. 37/2557, 38/2557 and 50/2557 which result in civilians being subjected to jurisdiction of the military court. Later the NCPO issued Order no. 55/2559 putting civilians who committed such offence to be subjected to the Court of Justice from 12th September 2016 onward. As a result, although this order returned wrongdoings committed after 12th September 2016 to be under jurisdiction of the Court of Justice, for wrongdoings before that date, civilians were still tried in military court. The ICCPR Committee noted that a necessary measure should be used to consider the petition requesting a transfer of cases from the military court for offences committed before 12th September 2016 of which trial was still not completed to civilian court and give an opportunity to civilian defendants in cases that the military court had already given a verdict to appeal. Freedom of expression, press freedom and freedom for peaceful and unarmed assembly As a whole, in 2017, rights and liberties according to the Constitution were controlled by using laws to strictly supervise, check and control. The Computer Crimes Act B.E. 2550 (2007) in particular was used to condemn actions that were considered to be getting false information into the computer system and condemn alleged acts of defamation. Later the government made some amendments and created correct understandings about such actions by improving and proclaiming the Computer Crimes Act (2nd Issue), B.E. 2560 (2017) that did not include an offence of defamation while creating correct understanding about how to enforce this legislation. Concerning freedom of academic expression2, NCPO Order no. 3/2558 was used to forbid gatherings of five persons or more and strictly enforced against persons who used this freedom. There were arguments in many incidents, insisting that this right and freedom were not used beyond the limits of law and the Constitution also protected the freedom of academic expression. The press freedom, which was also recognized by the Constitution, on the other hand, was restricted by many NCPO orders and orders of the Head of NCPO, including consideration to enact Protection of Rights and Liberties, Promotion of Ethics and Professional Standards for the Mass Media, B.E. …. Concerning freedom of peaceful and unarmed assembly, it was found that enforcement of the Public Assembly Act, B.E. 2558 (2015) was unclear how to separate political and non-political assembly, and discretion was used by law enforcers to restrict rather than promote and protect rights as provided by the Constitution. 2 According to international human rights instruments, freedom of academic expression is considered to be a part of the right to hold opinions and right to freedom of expression, which include freedom to seek, receive and impart information and ideas of all kinds. These rights may be subject to certain restrictions by the State because of reasons as stated in Article 19 (3) of the International Covenant on Civil and Political Rights (ICCPR) with conditions according to international human rights instrument. 36 | รายงานผลการประเมินสถานการณ์ด้านสิทธิมนุษยชนของประเทศไทย ปี ๒๕๖๐

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