-3The NHRCT has, therefore, resolved to submit following corrective measures and
recommendations to the Department of Corrections (examination report no. 104/2559, dated
August 9, B.E. 2559 [2016]).
1.1 Corrective Measures
The Department of Corrections must urge and warn its officials to consider
application of confinement instruments strictly in compliance with the Correction Act B.E.
2479 [1936] and the ministerial regulation of the Ministry of Interior issued in accordance
with Section 58 of the Correction Act B.E. 2479 [1936] and amendment with the intention to
prevent the re-occurrence of similar human rights violation
1.2 Recommendations
(1) The Department of Corrections should assess its officials’ understanding
regarding security maintenance with due respect of human rights of persons in custody.
Education, training and monitoring of the development of standards of security and human
rights should be organized regularly and continuously.
(2) Officials responsible for controlling persons in custody should consider the
application of confinement instruments strictly in accordance with the law, and wardens shall
order applying them to persons in custody only as required by law.
(3) The Department of Corrections should consider instruments with modern
technology to replace existing confinement instruments to render due respect to human
dignity, rights and liberty of persons in custody.
(4) Once the confinement instruments are applied, the Department of Corrections
should consider measures to protect dignity of the detained persons. Photographing people
with confinement instruments and publishing to the public will humiliate them and degrade
their dignity. In this connection, the Department may use uniforms for persons in custody that
can conceal the confinement instruments, and while taking such persons outside prisons,
photographing should be prevented.
(5) The Department of Corrections should separate people in their custody. People
who commit serious offences, particularly against lives, bodies or properties, should be
separated from those who have committed offences of politics in nature such as security or
political offences, or offences in manners that are non-life-threatening. The latter group
should be considered on a case-by-case basis as to how to be detained appropriately.