The Right to Private Counsel and to be Visited or got in Touch with Relatives of the Detainee to Remain in Force During the Pandemic of COVID-19

Abstract

It is undeniable that the Coronavirus 2019 (COVID-19) pandemic has an economic, social, occupational, and livelihood impact in many aspects as well as imposing unprecedented challenges to court trials and the judicial process as a whole. The Office of the Judiciary and offices in the judiciary process, especially the Department of Corrections, have issued internal regulations in relation to measures in administration to cope with the pandemic situation in order that the judicial process can carry on. Concurrently, it is to prevent a potential health impact on parties in a lawsuit, detainees, personnel and relevant people. These regulations have been adjusted in accordance to the severity of the pandemic in Thailand. One of the implemented measures to tackle the pandemic is limiting the mobility. This measure puts a limit access to prisons for outsiders as well as stop taking detainees out to control the spread of the pandemic. Consequently, attorneys are unable to meet detainees for legal advice and visits by relatives are also not possible. This article will lead readers to explore relevant rules, regulations and guidelines as well as prevalent problems through true stories to reflect the significance of the rights to private counsel and to be visited and get in contact with relatives. All relevant offices in the judicial process have an obligation to protect these legitimate rights of the detainees to ensure their access and a maximum exercise of their rights amidst the Covid-19 pandemic.