Today, the ICJ submitted recommendations to Thailand’s Council of the State concerning the Draft Criminal Inquiry Act and the Draft National Police Act, which were scheduled for public consultation between 2 and 16 August 2018.
The ICJ welcomed the Committee Considering Draft National Police Act’s efforts to enhance the effectiveness and fairness of the criminal justice system in Thailand through the draft laws.
The ICJ noted, however, that modifications would be necessary to some amendments to ensure they optimally served the ends of justice and were in conformity with international standards.
In particular, the ICJ made recommendations as to how these provisions could be further strengthened:
With respect to the Draft Criminal Inquiry Act
- Section 7. Receipt of complaints and/or allegations by inquiry officers
- Section 16. Prohibitions against violation of the presumption of innocence; and Duty to conduct prompt, continuous and fair investigations
- Section 17. Prohibition against entry into a search area and audio and/or visual recordings of the operations of officers by unauthorized personnel
With respect to the Draft National Police Act
- Section 105. Use of firearms and/or force against a police officer in a situation of dereliction of duty, in strictly unavoidable circumstances
Kingsley Abbott, ICJ Senior Legal Adviser, e: kingsley.abbott(a)icj.org
Full letter in English (PDF): Thailand-Draft-Police-Code-Advocacy-Open letters-2018-ENG
Full letter in Thai (PDF): Thailand-Draft-Police-Code-Advocacy-Open letters-2018-THA
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