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regulations, sign language interpreters are paid for the period of time spent
in the Court only and not for the time spent in waiting before the
proceeding starts, which can last for hours. The remuneration for the
interpreters, therefore, does not reflect the actual time spent and has
become a disincentive for them to give service at the Court. The lack of a
sign language interpreter could negatively affect the interest of persons
with disabilities in court proceedings.
22. Recommendation: The State should make appropriate accommodations
in legal proceedings for persons with disabilities. Special assistance should be
given to persons with disabilities who are the aggrieved or witnesses to
facilitate their access to justice. A specialist or psychologist should be
provided to persons with mental disability during a statement taking. A
legal representative should also be provided when necessary. The DEP has
a program to provide financial assistance to persons with disabilities in
acquiring a lawyer worth not more than 5,000 baht per person. However,
such assistance is usually not adequate and excludes certain cases such as
those relating to family and inheritance disputes. In case where the
assistance is insufficient, persons with disabilities should be able to request
for additional financial support from the Disabilities Fund. For a person
with mental disability who commits an offence due to an inability to
control his or her own behavior, an alternative to punitive measures such
as behavioral rehabilitation program should be used.