Activists, experts welcome slave trade court

Activists, experts welcome slave trade court

Activists urge better police work first

Rights activists and legal experts have welcomed the opening of a Criminal Court division for human trafficking cases, but say tighter law enforcement, as well as efficient regulation of the court itself must be implemented first.

The court division will come into being on Aug 10, according to Deputy Prime Minister Wissanu Krea-ngam. He said the new court would help Thailand address its shortcomings in dealing with human trafficking.

Weaknesses such as the slow pace of resolving criminal cases in court — some taking three to four years — were pointed out by the United States' annual Trafficking in Persons (TIP) report, released last Monday.

The report also noted a decrease in the number of investigations, prosecutions and convictions compared to the previous year. As a result, the US State Department kept Thailand at the lowest level of Tier 3 after the country’s initial downgrade in 2014.

There are 1,260 human trafficking cases pending with the Ministry of Social Development and Human Security, Mr Wissanu added.

Wanchai Rujanawong, spokesman to the Office of the Attorney-General (OAG), said the new division specialising in human trafficking cases will be an important tool to speed up the court process and boost its performance.

“The appointed judge needs solid knowledge and understanding of the human trafficking chain,” Mr Wanchai said, arguing the cases were complex and sensitive, requiring special proficiency.

Last week, the OAG indicted 72 suspects linked to the trafficking of Rohingya migrants in papers filed with the Nathawi Provincial court in Songkhla.

Staff from the office said they gave the recent case a high level of attention and priority since it had harmed the country’s reputation.

The sweeping investigation came after 33 corpses — believed to be Rohingya migrants — were exhumed from several jungle camps near the Thai-Malaysia border, setting off a regional migrant crisis.

The probe also pointed to the involvement of state officials, including that of a senior army adviser.

Meanwhile, several human rights advocates have questioned the state’s diligence in tackling less-publicised cases. While they greeted the cabinet decision to set up a specialised division to handle trafficking cases, they expressed concern regarding its implementation.

Human Rights Watch's senior researcher Sunai Phasuk supported the move, adding that it highlights the government’s commitment to curb human trafficking and prosecute those involved in such crimes.

However, the move to prosecute and convict offenders comes at the very end of the judicial process while there is a vital need for proper law enforcement at earlier stages, Mr Sunai warned.

A change of attitude is required, he argued, as police and state agents have manifestly downplayed concerns of human trafficking in their investigations. According to him, many agents dismiss suspected victims of human trafficking rings as undocumented immigrants — either out of poor assessment, or to conceal trafficking activities.

Officers conducted arrests of migrants instead, based on their apparent violation of Thailand’s immigration laws, he said.

The migrants are commonly held in overcrowded immigration detention facilities or shelters and may be subject to deportation, regardless of the threats they face in the countries from which they departed. Several migrants are re-trafficked after being sent back, the rights activist said.

If proper detection of trafficking victims does not take place upstream, the Criminal Court division on human trafficking will have very few cases to handle, Mr Sunai added.

Sriprapha Petcharamesree, the director of Mahidol University’s Centre for Human Rights Studies, called for the drafting of a precise outline of the court division’s jurisdiction.

For the Criminal Court division for human trafficking cases to be efficient, it will need to focus solely on relevant cases and brush aside any unrelated complaints.

“I’m afraid it will turn out to be like the Department of Special Investigations,” she said, arguing the DSI became flooded with inappropriate suits which have diverted staff from the agency's initial purpose and reduced its effectiveness.

Speaking in his weekly televised address last night, Prime Minister Prayut Chan-o-cha said the government will not be discouraged by the TIP report and urged vigilance in bringing culprits to justice.

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