The Ministry of Justice is moving to amend the rules to allow suspects in political cases to be detained in their homes pending trial, on condition that they wear electronic ankle monitoring (EM) bracelets, according to Justice Minister Tawee Sodsong.
Pol Col Tawee said the ministry is currently reviewing Section 89/1 of a ministerial regulation that would empower the courts to determine options to imprisonment for suspects in political cases.
“If the proposed amendment is approved, suspects in such cases could be detained in their homes instead,” he said, adding that the ministry believes the suspects should be treated as innocent until they are proven guilty.
There are currently 25 cases involving Section 112 of the Criminal Code, also known as the lese-majeste law, in which suspects are awaiting trial or appealing convictions and have been denied bail.
A conviction under Section 112 carries a sentence of between 3 and 15 years. Courts often cite the severity of the offence, based on the sentences, as the reason for denying bail.
The justice minister said earlier that the push for more use of electronic monitoring was also meant to help relieve chronic overcrowding in the country’s prisons.
Thailand’s prisons can accommodate 180,000 inmates, but there are currently 280,000 individuals detained in Thai jails — 50,000 of whom are awaiting trial.
Pol Col Tawee announced the plan on Thursday after he was asked by Sasinan Thamnithinan, a Move Forward Party MP, about progress in the official investigation into the death of political activist Netiporn Saneysangkhom, also known as Boong Thalu Wang, who died in custody while on a hunger strike.
According to Ms Sasinan, Netiporn’s death showed that the treatment of sick detainees by the Department of Corrections was substandard.
“How will the department take responsibility? What was the result of the investigation? Will the ministry roll out measures to improve the treatment of detainees?” she asked in the House.
Pol Col Tawee disputed Ms Sasinan’s claim of substandard care, saying the department’s treatment of detainees was in line with international standards.
In 2023, he said, 750 prisoners died in detention, but that was lower than the average of about 1,000 reported in previous years.
Not only did Netiporn’s death raise questions about the treatment of ill detainees, but it also sparked comparisons with the treatment received by former prime minister Thaksin Shinawatra before he was released on parole.
Her death and the hunger strike staged by two other high-profile activists, Tantawan “Tawan” Tuatulanon and Natthanon “Frank” Chaimahabud, have also reignited calls for immediate reform of the justice system.
Ms Tantawan and Mr Natthanon are facing sedition charges in connection with an incident at a royal motorcade in February. They spent 105 days behind bars before being granted bail in late May.
Netiporn was pronounced dead on May 14 despite efforts to resuscitate her at Thammasat University Hospital. She was referred there from the Central Correctional Hospital after suffering a heart attack just after 6am that day.
Netiporn went on a hunger strike to protest the detention and prosecution of political activists following a crackdown on anti-government protesters last year.
While she reportedly began accepting food and drinks again in April, her condition continued to deteriorate because her hunger strike had aggravated her pre-existing medical conditions, which included anaemia and swollen legs.
However, prison authorities said Netiporn continued to refuse to take supplements and medication prescribed by doctors to treat these conditions.
