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Universal Declaration of Human Rights Article 8

“It is important that the government provide more

incentives to attract qualified people to the justice system”

Commentary

Professor Vitit Muntarbhorn, a leading human domestic-level remedies available to them are
rights academic in Thailand, points out that insufficient to protect their human rights. Mr.
Professor Vitit Muntarbhorn
the case of Mr. Somchai Neelapaijit has Neelapaijit’s case has been submitted for
received a lot of interest from both domestic consideration by the United Nations Working
and international organizations because it Group on Enforced or Involuntary
concerns the violation of the rights of a Disappearances, which is in the process of
human rights defender. He offers three points discussing the case with the Royal Thai
that could be drawn from this case. First, the Government.
quality of government officials is a crucial
measure to prevent such misconduct. At present, Thai society is paying more
Therefore, it is important that the government attention to victims whose rights are violated
provide more incentives to attract qualified by the State authorities, he says. Monetary
people to the justice system. Second, compensation is the common method that
Mr. Neelapaijit’s case points to a possible use the government uses, but justice is what the
of extrajudicial means, hence the violation of victims need. According to Professor
rights. Government officials must abide by the Muntarbhorn, Thailand should become a
rule of law at all times. Third, once an act of party to the Convention of the Protection of
violation has occurred, judicial responses at All Persons from Enforced Disappearance, an
the national level may lead to various instrument which permits the United Nations
remedial measures, but these measures are to monitor such cases. Such membership
still perceived as inadequate to provide justice would require that the government prepare
where it is due. In cases where the periodic reports to be submitted to the
government fails to give effective remediation United Nations regarding this problem. This
to the victims, the United Nations could be a first step towards establishing a
mechanism(s) could be taken into preventive mechanism against the violation
consideration. Everyone has the right to of the rights of people, especially of human
approach the United Nations for help if the rights defenders.

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