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

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