Page 28 - รายงานผลการประเมินสถานการณ์ด้านสิทธิมนุษยชนของประเทศไทย ปี 2559

• Criminal Procedure Code, Section 226/1 marks an exception for the legitimacy of hearing of
information and evidences found through unlawful acts or any witness or evidence inquired from existing
information or unlawful obtain if it is giving more advantages for judiciary facilitation than impacts to the

criminal justice standards or rights and liberties of people.

These create loopholes of laws and procedures with misinterpretation, make shortcomings for
accessibility to judiciary processes with retrograde of right to fair trial of all family members of disappeared
and would mislead all government officers to carry on their duties with torture practices.

RIGHT TO FAIR TRIAL:
A number of complaints lodged to the NHRCT with allegations on violation of right to fair trials

in judiciary processes are higher than those in other rights spectrums, although the Government has make
amount of efforts to take actions upon constitutional provisions and relevant laws with guaranteeing of
rights to fair trial with ensuring of free and fair accessibility to justice with equality for all, e.g.
• The enactment and amendment of the Damaged for the Injured Persons and Compensation and Expense
for the Accused in Criminal Case Act, B.E. 2544 (2001), Regulations of Justice Fund Committee under the Justice

Fund Act, B.E. 2558 (2015), Criminal Procedure Code and Correction Act, B.E. 2479 (1936) and political wills;
• The regulating of clear measures with respect and protect of right to fair trail of alleged, accused
and prisoner, for example: not allowing to take alleged to present in front of the media, applying of body

scanners for searching of female prisoners’ bodies and an Order of the NCPO’s Head, No.55/2559 with
allowing any ordinary person committing offences from the date of 12th September 2016 upwards would
be judged by the Court of Justice in general.

These all incidents with economic and social disparities would make people accessible and exercising

their right to fair trial with differentiation. In addition, there are some Orders granting powers with exceptional acts
for government officers in specific matters that shall affect to rights of alleged, accused and prisoners, i.e. the
NCPO’s Order, No.3/2558 granting authorities to competent officers in charge of order keeping and restoring to

summon or subpoena any person to come to meet for giving useful information or testimony and might have
power to keep a person in custody not exceeding seven days. And in practices, there were reported that the
custodies under this Order have been renewed in continuity and creates more impacts or risks to human rights
violation including the using of fetters and handcuffs with uncovered and obloquy.

RIGHT TO PRIVACY AND PERSONAL INFORMATION PROTECTION:

Recently the information technologies have been rapidly changed, all communications and data
transmissions are easily conducted with possible human rights impacts, i.e. the procession or exposure of personal

information with commercial benefits and without any proper consents given from such persons. These would be
more or less creating damages or impacts to persons in terms of reputation, privacy, properties, rights and freedom
of expression including physical harms and life threats. Nonetheless, the Government has made efforts to enact
a common law protecting rights to privacy and personal information, but the NHRCT addresses that:
• Some provisions of this law shall not properly protect personal information, in the meantime, the legislative

process is very slow and without the proper engagement and participation of key stakeholders and people;

รายงานผลการประเมินสถานการณ์ 27 ด้านสิทธิมนุษยชนของประเทศไทย ปี ๒๕๕๙