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(4) Investigation into detention facility where arrested persons
reported to be taken into custody and interrogation at the Border Patrol Police
Division 1, namely, Pathum Thani Province and the Narcotics Suppression Bureau
including not nearby police stations where the arrest were made were conducted.
The detention of the arrested person at the Border Patrol Police
Division 1, Pathum Thani Province force, including other places that are far from the
scene of the events or where they were arrested affects the rights of the arrested in
many respects. Lawyers were not able to see defendant immediately, which resulted
in delay in getting legal assistance and representation. In some cases, mobile
phones were confiscated and lawyers were not allowed to bring them in which
affects the duty of lawyers to provide legal assistance. There are also restrictions
on visiting or contacting relatives.
1.3.2) Notifying an arrested or accused person of their rights
The investigation revealed that in some proceeding, during the
arrest, the police did not report the charges and did not inform the rights to the
arrested person. Police also refused to contact relatives or caregivers to inform them
of the place of arrest.
It is considered that the police’s actions in such manner are not in accordance with
the procedures and procedures prescribed in the Criminal Procedure Code. This is
a provision that ensures the fundamental rights of the arrested and accused in the
criminal justice system. Additionally, where there are procedures that are not
attended by lawyers, there may be a risk that the arrested or accused person may
be subject to other violations, such as confiscating of mobile phones or being forced
to sign a document. Government officials should respect and strictly comply with the
rules for protecting the rights of the arrested and the accused person or else it may
affect the rights and freedoms of life and body as well as the right to justice.
1.3.3) Allegations and offenses
Examination found that there were a number of prosecutions
against leaders and demonstrators in connection to violating the Emergency Degree
by gathering to assembly including rallies in various provinces. The charges and
offenses were related to violating the order of provincial measures to prevent and
control the spread of the coronavirus disease (2019). Prosecution of traffic offenses