Article 11
“The government should ensure that vulnerable groups
have access to legal advice and representation”
Commentary
Ms. Suwanna Suwanjuta, Director-General of the
Department of Rights and Liberty Protection,
Ministry of Justice, is aware of the efforts being
made by the National Human Rights Commission
on behalf of this man to bring about justice. She
says that although the case may have already
been closed, there is still a way for the courts to
remedy the situation. According to the Criminal
Case Reconsideration Act (1979), if it can be
proven that the convicted man is in fact not
guilty, compensation and reparation may be
granted by the Department of Rights and Liberty
Protection in accordance with the Remuneration
for Victims Act (2001).
It is important to note that this man is not the
only inmate convicted of a crime who might
actually be innocent. According to Ms. Suwanjuta,
the Possibly Innocent Inmate Examination
Project, first implemented in 2007, found that
more than 500 persons detained in 137
penitentiaries and prisons nationwide may be
innocent of the crimes for which they have been
convicted.
Ms. Suwanna Suwanjuta
It has been suggested that occurrences of
injustice are more likely to occur at the beginning
of investigations, for instance during arrest and
interrogation, because people who are
marginalized by society may not be aware of their
rights and therefore can be more easily
victimized. Ms. Suwanjuta notes that political
reforms of the past decade have promoted
access to the process of receiving justice.
Insufficient collaboration is considered to be one
of the problems of the criminal justice process in
Thailand: with each department focusing solely
on its own goals, there is a need for different
departments to work more closely together
towards the improvement of rights in the criminal
justice process. Furthermore, the government
should ensure that vulnerable groups have access
to legal advice and representation, she
recommends.
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