THE PROTECTION OF RIGHTS OF OFFENDERS UNDER DETENTION WHILE AWAITING TRIAL

Abstract

The objectives of the research entitled “The Protection of Rights of Offenders under Detention While Awaiting Trial” were to examine the current protection standards of rights of offenders under detention while awaiting trial in the court of other countries, to study the problems and obstacles of the current practice concerning offenders under detention while awaiting trial in the court of Thailand, and to propose recommendations for developing measures for appropriate and justified protection of rights of detainees while awaiting trial in the court of Thailand. The research findings revealed that the majority of detainees perceived that the protection of rights they received while awaiting trial was appropriate at the moderate level; while their families faced the problem of the loss of income while they were being detained. In addition, major problems concerning protection of the rights of detainees awaiting trial could be identified in various processes of criminal justice system, including during the arrest process, during the court trial process, and during the process of detention. The appropriate guidelines for protection of rights of offenders under detention while awaiting trial in the court of Thailand were the following: the creation of balance between the protection of rights of offenders while awaiting court trial and the protection of the offended persons’ rights; the increase of the court resources to reach sufficiency level; the campaign for practice in accordance with the Official Court Regulations on Temporary Release of Convicted Persons, B.E. 2548 and related regulations; the practice of imprisonment that separates the convicted detainees from the serious crime prisoners; the abolition of fetters and court martial in keeping and moving the detainees from the prison to the court and the protection of their safety at the court; the design of the court buildings; the more use of alternative measures for detention apart from imprisonment; the provision of therapeutic and recuperation programs; the protection of rights of detainees as a special group while awaiting court trial; and the emphasis on proactive roles of the court for protection of rights of detainees while awaiting court trial.