The Pattani Provincial Court has dismissed charges against two Myanmar workers who were arrested earlier this week for teaching more than 80 children of migrant workers during their free time. However, their deportation is due to proceed as scheduled.
The court on Wednesday reached a decision to drop the case after summoning officials for testimony.
The interrogation came after a lawyer from the Human Rights and Development Foundation (HRDF) representing the two migrant workers asked the court to re-examine the charge and accused local officials of making an unlawful arrest.
In response, the court decided to dismiss the case. Meanwhile, both individuals have been sent to Ranong province where they are waiting to be deported.
Koreeyor Manunchae, the lawyer representing HRDF, said the group decided not to challenge the ruling as it means prolonged detention. "There is no way to prevent the detention as both workers unknowingly signed a document to accept the charge and fine."
The case, she said, reflects structural problems within law enforcement on migrant labour in Thailand. "After being arrested, no process was provided to the workers in order to let them challenge the accusation. Both of them did not violate any law. They take care of children at a migrant labour nursery centre pro-bono, yet they were arrested and told to plead guilty and pay a fine in exchange for not being imprisoned and sent to court. This is an unfair and unlawful procedure," Ms Koreeyor told the Bangkok Post.
Nyein Moh Moh Hliaing and Than Than Myaing, who both have proper identification papers and work permits, were arrested on Aug 15 during a raid on a classroom in Laem Nok monastery in Pattani province.
The pair reportedly signed a confession -- which was written in Thai, meaning they could not read it -- and fined 5,000 baht each.
They will reportedly be barred from re-entering Thailand to seek work for two years if they are deported.
Paphop Siamhan, a labour advocate from HRDF, said clear guidelines must be established to prevent rushed actions, rights violations and maltreatment.
"They have been teaching the children of migrant workers as volunteers. They don't get paid for their service," said Mr Paphop.