Article 9
“The accused often lack awareness of
their rights and fear the authorities”
Commentary
Mr. Thongbai Thongpao, a human rights
lawyer, believes that in this case, the police
officers may have abused their authority. In
his opinion, as the police officers were armed
but out of uniform, the two young men may
have believed that they were robbers. And
while the police claimed that the two young
men were armed, they failed to provide
evidence showing that they attacked the
police.
Mr. Thongpao says that since 2004, legislation
in Thailand has progressed in the area of
protection of the rights of offenders and the
accused. For example, police officers are
required to tell suspects why they are being
arrested and inform them of their rights. In
practice, however, this legislation is often not
enforced as many officials still maintain a
negative attitude towards suspects and take
advantage of their authority. Furthermore, he
Mr. Thongbai Thongpao
feels that the accused often lack awareness of
their rights and fear the authorities, which
increases the likelihood of false confessions.
On the occasion of the 60th anniversary of the
Universal Declaration of Human Rights, Mr.
Thongpao proposes that government and
non-government actors, including
educational institutes, should promote
human rights education to raise public
awareness of basic human rights, including
the rights of the accused, and the duty of the
state to protect those rights. He suggests
training for lawyers to instil in them a
heightened responsibility to protect the rights
of the accused without fearing the power of
police or other authorities. He also says that
there is a need to enhance the power of the
independent audit system, such as the
monitoring role of the National Human Rights
Commission, to hold the state accountable in
their obligation to preserve human rights.
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