Thai Courts Improve Offenders’ Fundamental Rights with Pilot Phase of Temporary-Release Measures
Research shows non-custodial measures reduce reoffending rates, promote positive behavior among offenders, and give greater benefits to society than imprisonment. The Thai Supreme Court has now made progress on the protection of offenders’ and defendants’ fundamental rights with “temporary-release control measures”, which are already available in 10 provincial courts and will be piloted nationwide by September.
Dr. Barbara Owen, Professor Emerita of Criminal Justice at the California State University, says, “The COVID-19 outbreak rings an alarm bell and underlines the need for criminal-justice reform that will create a positive impact on society via non-custodial measures and focus on rehabilitation rather than punishment. According to research, non-custodial measures benefit society more than imprisonment.Instead of building prisons in remote areas, money can then be invested in communities in the form of house constructions, employment, child care, education, and rehabilitation that boost the community.”
“The key component in the shift towards non-custodial measures is participation from all sectors in society, which will contribute to the development of holistic knowledge and understanding, as well as pave the way for support that stimulates internal behavioural changes and rehabilitates the souls abused by violence. Such a move will create a sense of security and human dignity at every step of the criminal justice process.”
“Non-custodial measures rank among the criminal justice measures that empower human rights, which are fundamental rights all humans are entitled to. The Bangkok Rules, which have received a constant push, meanwhile lay down guidance on upholding inmates’ human rights.”
Supreme Court Makes Progress, Improves Offenders’ Rights
Dr. Sutatip Yuthayothin, a judge for the court of first instance at the office of the president of the Supreme Court, says, “Thailand has developed and upgraded the protection of inmates’/defendants’ fundamental rights with regards for both crime victims and public peace. Efficient control measures have been introduced to govern temporary releases with a focus on the protection of rights and freedom, convenience, fast services, and inequality reduction in regards to access to temporary release. In addition, a guideline has been laid down to prescribe proper treatment of suspects, defendants, crime victims, and the vulnerable during every stage of court proceedings. Importantly, the country is now proactively educating people about court procedures and their legal rights too.”
“The Supreme Court has established a work panel to drive policies on the protection of people’s fundamental rights and freedoms. This panel has set key targets regarding the temporary release of suspects/defendants, the reduction of bond demand, increased public safety, and reduction of unnecessary detentions via the use of temporary-release control measures. For example, these measures require temporarily-released persons to report themselves to court on schedule, appoint supervisors to check their reported appearance on behalf of the court, deploy electronic monitoring (EM) devices, and prescribe conditions regarding the place of stay or travels. The use of control measures is based on risk assessments.”
“The work panel to drive policies on the protection of people’s fundamental rights and freedoms has also designated 10 courts as model courts with regards to the protection of suspects’/defendants’ rights, namely Thon Buri Criminal Court, Nakhon Nayok Provincial Court, Nakhon Ratchasima Provincial Court, Maha Sarakham Provincial Court, Lamphun Provincial Court, Kamphaeng Phet Provincial Court, Kanchanaburi Provincial Court, Phuket Provincial Court and Na Thawi Provincial Court. In the first phase, 488 requests for temporary release were submitted to the courts. Of them, 365 were approved. In other words, 72.95 percent of the requests got the green light with 11 per cent involving female suspects.”
“Records show most suspects who submitted temporary-release requests did so for the first time, as their request was not accompanied by any bond, reflecting that they did not know such a request must propose a bond.”
“Such progress marks another step forward in Thailand’s criminal justice reform,” concluded Dr. Sutatip. “The Supreme Court plans to extend such temporary-release practices to all 259 courts of justice in the country by September.”