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Legal aid for People(Thailand)

Legal aid for People(Thailand). P roblems. Access to Justice is difficult. Past days. Being unaware of the law leads to abuse of rights and liberty Impoverishment is a hindrance to access to justice due to high cost for judicial proceeding. Legal aid system for people in thailand.

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Legal aid for People(Thailand)

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  1. Legal aid for People(Thailand)

  2. Problems Access to Justice is difficult Past days • Being unawareof the law leads to abuse of rights and liberty • Impoverishmentis a hindrance to access to justice due to high cost for judicial proceeding

  3. 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 process During judicial process system Remedy Disseminating legal knowledge to people Legal counseling to individual compensation for Injured person from the state according to compensation and expenses for injured person and the accused Act B.E.2544 Procuring the lawyer to alleged offender during investigationlawyer according to the Criminal Procedural code section 134/1, appointing counselor in juvenile case according to the Juvenile Procedure Act Section 75 para 2 expenses for the accused according to compensation and expenses for injured person and the accused Act B.E.2544 Right to be supported by the justice fund Appointing the lawyer according to the Criminal Procedural code section 173 Right to revive criminal case Injured person in criminal case is entitledto the right to request for compensation according to the criminal procedure codesection 44/1 Right to seek amnesty Right to receive witness protection according to the witness protection act B.E. 2544 reconciliation Etc .e.g.Right to have an interpreter

  4. Making complaint Rights and Liberty Protection Center Justice fund Initial case assessment disseminating Support the right of an accused person during investigation Legal counseling

  5. Legal counseling &Taking complaint

  6. Legal counseling and taking complaint 1.Legal and case counseling 2.taking complaintfor the violation of rights and liberty (free of charge) Background • Proactive field visitto help person whose human rights and liberty havebeenviolated • 82 justiceclinics thoroughout the country Highlight/laws/mechanisms • Interconnect withthe 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 won Good practice • Success • 1.Increasing statistics for people seeking assistance; 10,398 persons • challenge • Interpretation system during investigation • Protection of human rights defender Success and Challenge

  7. Field visit following civil society’s proposalto provide understanding on the problem and to give advice to affected persons at Rerawai community, Phuket

  8. Support for the right of an accused person during criminal investigation • Criminal procedure code section 134/1 • State shall procure a lawyer; 1. the offence with capital punishment 2. the suspect is 18 yearsold or below 3. the offence with imprisonment

  9. Providing a lawyer • 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 thelist of lawyers from the lawyer council in order to deliver to investigation officer • investigation officerchoose a lawyer from the list’s order • lawyer give legal counseling throughout investigationperiod until public prosecutor gives opinion กองพิทักษ์สิทธิและเสรีภาพ

  10. achievement for The project to Support for the right of an accused person in criminal case according to The Criminal procedure code section 134/1 • Since 2011 until present , a total of 6,498 lawyers have been provided to the suspects

  11. Justice fund

  12. The Justice fund Background 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” 12

  13. กองพิทักษ์สิทธิและเสรีภาพกองพิทักษ์สิทธิและเสรีภาพ

  14. *what are statistics for the assistance of Justice fund?as of 30 June 2015

  15. The work of Justice Fund From establishment –2015 applicant 16,124 cases finish 15,222 cases pending 902 cases payment 402,816,464.77 THB

  16. Highlight for laws and mechanism provided by the state • 1. LawsJustice’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. mechanism • Reduce insignificant procedure and revise the systemfor speedy assistance • Produce Media production with interesting features that is easily understandable • Signed 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 release • Advertise the work of Justice Fund with community radio and media • Make the guidance on the work of Justice Fund including relevant regulations

  17. Highlight for laws and mechanism provided by the state • 2. Measure • Decentralization 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 PaiboonKhumchaya, and The Deputy Minister of Ministry of Interior, Mr. SutheeMakboondelivered the policy and made clarification on The Justice Fund to 76 governors and provincial subcommittees

  18. the exercise for consideration in justice fund’s application กองพิทักษ์สิทธิและเสรีภาพ

  19. Video Conference on 6May 2015 to give the policy and to make a clarification on the Justice Fund General PaiboonKhumchaya,the minister of MOJ in the press conference for The Justice Fund Training for The Justice Fund provincial sub-committee’s secretaries

  20. Garbage keeper selling CD-ROM received financial aidmade a donation to the Justice Fund Good practice Garbage keeper , Mr.suratmaneenoparatsuda, 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 THB Later 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

  21. Lerawai People 1.Bail 9 cases/45,000 THB for illegally fishing in restricted sea boundary 2. Lawyer and court feesAssist in the stage of appeal and supreme court for being expelled from the land for a total of 323,440 THB

  22. success • 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 • People who are deprived of rights and liberty get equal access to justice which also in line with international standard • Increase service points to cover 76 provinces to give service comprehensively (One Stop Service)

  23. 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. Cooperationto corporate with other agencies to advertise the work of the Justice Fund 4. Structureencourage to have provincial office established for the work of the Justice Fund

  24. Innovation • 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

  25. Thank you Q&A

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