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. Our Voices are Heard in Thailand 45

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