Safeguarding and Redressing Human Rights Violations in the Routine Operation of the Criminal Justice System (Pre-Prosecution and Adjudication Stages)

Abstract

This research examines and analyzes the practices of officials in the criminal justice system concerning the protection of human rights in Thailand. It focuses on instances where authorities “neglect” or “disregard” human rights, affecting fairness and efficiency in legal proceedings. The study employs qualitative research methods, including literature review, comparative analysis with legal frameworks in the United Kingdom, the United States, Germany, and France, as well as in-depth interviews, focus group discussions, and public hearings involving legal experts and justice system stakeholders.

Findings indicate that several factors contribute to the neglect of human rights in Thailand’s criminal justice process, including (1) biased attitudes among law enforcement personnel, (2) traditional practices that lack modernization, (3) legal and regulatory constraints that do not adequately protect individual rights, (4) a lack of awareness among officials regarding the rights of suspects, defendants, and victims, and (5) insufficient resources and limited adoption of technology.

The study highlights key procedural shortcomings at various stages of the justice process, such as pre-charge questioning of suspects as witnesses, privacy-intrusive investigative measures, improper handling of testimonies from vulnerable witnesses, unnecessary pretrial detention, and delays in legal proceedings. The research proposes reforms including procedural adjustments to align with human rights principles, strengthened oversight mechanisms, increased use of technology for transparency, and enhanced training for legal practitioners and the public.

The study suggests that meaningful reforms can be implemented within the existing regulations without requiring amendments to statutory laws. These proposed changes aim to bring immediate improvements while aligning Thailand’s criminal justice system with international human rights standards.