Article 10
“Suspects should be made aware of
their rights, particularly with regard to
the assumption of being innocent”
Commentary
Mr. Surasee Kosolnavin
Mr. Surasee Kosolnavin was a public prosecutor
for 30 years before he became a member of
the National Human Rights Commission
(NHRC) and the president of the SubCommittee for Human Trafficking and Human
Rights Protection in the justice system. He
explains that when the police make an arrest,
the accused must be taken to the police
station immediately to start the interrogation
process. The interrogator should not be the
same person who makes the arrest. He adds
that the police cannot detain the accused for
more than 48 hours.
sometimes there are even instances of
coerced confession.
Mr. Kosolnavin stresses that the main aim of
the justice system is to identify the truth and
apply the law. He explains, however, that lack
of evidence is a major obstacle to filing a
lawsuit to accuse a law enforcement officer of
using torture. Furthermore, the slow
processes of the justice system may result in
evidence being changed or lost. He adds that
Mr. Kosolnavin explains that sometimes the
public feels that police officers do not see
suspects as human beings, despite the fact
that training on the protection of human
rights has been provided. Therefore, human
rights training for police officers should be
improved. Officers who arrest suspects
should not be the same officers who
Mr. Kosolnavin says, “There are many instances
of violation of rights in the justice system, 80
percent of which have been filed to the
NHRC.” Most of the lawyers appointed to
represent the suspects are volunteer lawyers
or usually receive less remuneration.
Mr. Kosolnavin suggests the establishment of
a public defender position, whose
qualifications and experience are at the same
level as that of a public prosecutor.
Our Voices are Heard in Thailand
49