According to a study by Thammasat University's Faculty of Law published in January, out of the 300,000 people who are awaiting a verdict for their case in a court of law, 74,143 are already locked behind bars.
This means that almost one in four prisoners currently locked up in Thailand's prisons have yet to be convicted of any crime. This is a serious injustice that needs to be urgently rectified, as the constitution guarantees the presumption of innocence for its citizens.
Instead of being presumed innocent until proven guilty, many are crammed into overcrowded cells with their freedom stripped away and forced to endure as harsh conditions as those already sentenced.
The constitution states that an individual should only be put in prison before a trial if the person is considered a flight risk. A court, therefore, can deny bail if it believes a suspect might flee, interfere with the investigation and/or pose a threat to the case's progress, among other things.
In practice, however, pre-trial detention has become the norm. Defendants are automatically treated as guilty unless they can afford to pay for temporary release. This turns the presumption of innocence upside down. Instead of being free unless proven guilty, they have to beg for bail.
Worse, the system favours the rich -- those who can pay walk free, while those who can't stay locked up, even if they do not post threats to anyone.
The lengthy trials also mean they must endure long imprisonment even when they are eventually ruled innocent. The justice system, which is supposed to uphold fairness, is breaking its own rules.
Thailand is also failing to meet international standards with pre-trial imprisonment. The International Covenant on Civil and Political Rights (ICCPR), which Thailand has signed, says people awaiting trial must be kept separate from convicted criminals and treated differently. But in Thai prisons, the only difference is the colour of their uniform. Otherwise, they suffer the same harsh, often inhumane conditions. Keeping suspects or defendants in custody makes it hard for them to gather evidence or find witnesses to explain or defend against the charges fairly.
Other countries handle this differently, pointed out Assoc Prof Dr Pokpong Srisanit, Dean of Law at Thammasat University. Courts can demand defendants to check in, stay away from alleged victims, or wear electronic monitoring devices. This helps keep the public safe without taking away the rights of those not yet convicted.
Instead of forcing defendants to fight for bail, the court should follow the constitutional mandate and let them remain free during trial unless there's strong evidence they need to be locked up. Jail before trial should be rare, not routine.
In addition, the Criminal Procedure Code must change so detention is not the default. At present, suspects are jailed unless they apply for release, which depends on the court's decision.
If pre-trial detention is necessary, suspects should not be treated like criminals. They must be held separately, with no extra restrictions. Since the Correction Department handles only the convicts, a different agency should handle the care of the defendants.
Thailand's justice system must live up to its principles. Until it does, tens of thousands of innocent people will keep suffering in prisons, their rights ignored, their lives disrupted, and their dignity stripped away. That's not justice.