1

ProbleProblemsmsPast

days

Access to Justice is difficult

1.Being unaware of the law leads to abuse of rights and liberty

2.Impoverishment is a hindrance to access to justice due to high cost for judicial proceeding

2

Legal aid system for people in thailand•International Covenant on Civil and Political Rights(ICCPR )

•(United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems )

(accessibility+efficiency+sustainibility+accountability)Prior to judicial

processDuring judicial process system

Remedy

Disseminating legal knowledge to people

Legal counseling to individual

Procuring the lawyer to alleged offender during

investigation lawyer according to the Criminal

Procedural code section 1341/ , appointing

counselor in juvenile case according to the Juvenile Procedure Act Section 75

para 2

Right to be supported by the justice fund

Appointing the lawyer according to the Criminal Procedural code section

173Injured person in criminal case is entitled to the right

to request for compensation according to

the criminal procedure code section 441/

Right to receive witness protection according to the witness protection act B.E.

2544Etc .e.g. Right to have an interpreter

compensation for Injured person from

the state according to compensation and

expenses for injured person and the

accused Act B.E.2544expenses for the accused according to

compensation and expenses for injured

person and the accused Act B.E.2544

Right to revive criminal case

Right to seek amnesty

reconciliation

Rights and Liberty Protection Center

Initial case assessmentInitial case assessment

Legal counselin

g

disseminating

Making complain

t

Justice fund

Support the right of an accused person during

investigation

Background

Legal counseling and taking complaint1.Legal and case counseling 2.taking complaint for the violation of rights and liberty (free of charge)

Highlight/laws/

mechanisms

• Proactive field visit to help person whose human rights and liberty have been violated

• 82 justice clinic s thorough out the country

Good practice

• Interconnect with the justice fund• Comprehensive assistance e.g. in

the case of Lerawai people ;Legal counseling/ field visit/ verify facts /assist the case in accordance with the justice fund until the case is wonSuccess

and Challen

ge

Success1.Increasing statistics for people seeking assistance; 10,398 personschallenge 1.Interpretation system during investigation2.Protection of human rights defender

Field visit following civil society’s proposal

to provide understanding on the problem

and to give advice to affected persons at Rerawai community, Phuket

Criminal procedure code section 1341/

State shall procure a lawyer; 1 the offence with capital punishment

2 . the suspect is 18 years old or below

3. the offence with imprisonment

Ministerial Regulation Prescribing Rules, Procedures and Conditions for Inquiry Official to Provide the Lawyer for the Accused in Criminal Cases BE 2549 (2006)

Imposing MOJ to request the list of lawyers from the lawyer council in order to deliver to investigation officer

investigation officer choose a lawyer from the list’s order

lawyer give legal counseling throughout investigation period until public prosecutor gives opinion

Since 2011 until present , a total of 6,498 lawyers have been provided to the suspects

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Justice fundJustice fund

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Justice fund was established in 2006 The objective is to provide financial support or

expenses for legal aid ,litigation, prosecution, legal execution and to provide protection to person who is deprived of right and liberty or person according to The Constitution including any person acting to

protect and preserve national resources and environment

the government gives priority to the justice fund and set it as the important policy in 11.5 “to support the justice fund for those who live in

poverty and underprivileged person ,to protect person whose right and liberty is violated and the national strategy on inclusive growth in society”

Justice fund was established in 2006 The objective is to provide financial support or

expenses for legal aid ,litigation, prosecution, legal execution and to provide protection to person who is deprived of right and liberty or person according to The Constitution including any person acting to

protect and preserve national resources and environment

the government gives priority to the justice fund and set it as the important policy in 11.5 “to support the justice fund for those who live in

poverty and underprivileged person ,to protect person whose right and liberty is violated and the national strategy on inclusive growth in society”

The Justice fund Backgr

ound

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* what are statistics for the

assistance of Justice fund?

as of 30 June 201514

applicant 16 124, casesfinish 15222, casespending 902 casespayment 40281646477 THB

The work of Justice FundFrom establishment –2015

approved 6,721 cases41.68%

disapproved5,401 cases33.50%

finished3,100 cases19.23 %

pending 902 cases5.59%

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Highlight for laws and mechanism provided by the state1 . Laws Justice’s Order for the Justice fund 2010 including other relevant documents have been

issued to be the guidance for implementation. At present the Justice Fund Act B.C…. is undergoing

development

2 . mechanismReduce insignificant procedure and revise the

system for speedy assistanceProduce Media production with interesting

features that is easily understandableSigned MOU with key agencies e.i. The Prime

minister’s office, Office of the Attorney General, Ministry of Interior, Ministry of Justice and having Prime minister Prayut Chan-o-cha as the chairman

for the ceremony.The Royal Thai Police ,The Central Juvenile and Family Court and Office of Women’s

affairs and Family development advertise the cooperation between Justice Fund and The Criminal

Court Thonburi on bail releaseAdvertise the work of Justice Fund with community

radio and mediaMake the guidance on the work of Justice Fund

including relevant regulations

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Highlight for laws and mechanism provided by the state

2 . MeasureDecentralization for the exercise for

consideration in justice fund’s application from 17 provinces to cover

76 provinces in order to service people in a comprehensive manner as

“One Stop Service” from the beginning(taking application /fact

finding/giving opinion) the half way (propose to competent authorities for

approval/disapproval/cessation) destination (payment to the

applicant)

Video Conference – on 6 May 2015, the Minister of MOJ ,General Paiboon Khumchaya, and The Deputy Minister

of Ministry of Interior, Mr. Suthee Makboon delivered the policy and

made clarification on The Justice Fund to 76 governors and provincial

subcommittees

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the exercise for consideration in justice fund’s application

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Training for The Justice Fund provincial sub-committee’s secretaries

Video Conference on 6 May 2015 to give the policy and to make a clarification on the Justice Fund

General Paiboon Khumchaya,the minister of MOJ in the press conference for The Justice Fund

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Garbage keeper , Mr.surat maneenoparatsuda, was prosecuted by public prosecutor to the criminal court for the offence against the movie and motion picture act B.E. 2551

and he received bail from the justice fund* Appeal court on 13 September 2010 /100,000 THB

* Supreme court on 10 July 2012/140,000 THBLater on Supreme court followed Appeal Court’s

ruling .Since he was incapable of paying fine, he was detained for 200 THB/day in lieu of fines.

The period of confinement was not more than 1 year and 133,400 THB fines

Somebody and social society gave him financial support. He felt grateful and gave 20,000 THB to The Justice

Fund

Garbage keeper selling CD-ROM received financial

aid made a donation to the

Justice Fund

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1.Bail 9 cases/45,000 THB for illegally fishing in restricted sea boundary

2. Lawyer and court fees Assist in the stage of appeal and supreme court for being expelled from the land for a total of 323,440 THB

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1. Thailand has laws to promote the right of people who

is unable to access to justice equally and nondiscriminatory due to having clear laws as a guidance

for practice

2. People who are deprived of rights and liberty get equal access to justice which also in line with

international standard

3. Increase service points to cover 76 provinces to give service

comprehensively (One Stop Service)

1. Thailand has laws to promote the right of people who

is unable to access to justice equally and nondiscriminatory due to having clear laws as a guidance

for practice

2. People who are deprived of rights and liberty get equal access to justice which also in line with

international standard

3. Increase service points to cover 76 provinces to give service

comprehensively (One Stop Service)22

Challenges of the Justice Fund 1. Laws encourage to have The

Justice Fund Act B.E……. being promulgated aiming for

(1)the juristic person status of the Justice Fund (2) having other

financial sources aside from annual state budget (3) having the Justice Fund Office (4)the assistance is in line with international standard

2. System and mechanism submission of a confirmation letter for bail release instead of collateral

aiming for the reduction of the Justice fund’s budget

3. Cooperation to corporate with other agencies to advertise the

work of the Justice Fund 4. Structure encourage to have

provincial office established for the work of the Justice Fund

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On 7 July 2015, the MOU for provisional release between RLPD and the Criminal

Court, Thonburi have been signed

The Justice Fund incorporates with the Criminal Court, Thonburi to share the same bail release forms with those of the court . The court shall send the request together with the bail fees to the Justice Fund when

the court believes that a suspect or a defendant deserves bail release and when

it falls into the Justice Fund’s criteria

The plan is to expand to every court throughout the country

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