Present by Mr. Thanakorn Sthananonda Director of the Witness Protection Office

Rights and Liberty protection Department, Ministry of Justice

Witness Protection is the efficient tool for criminal justice

The Thai Constitution B.E (1997) Section 244. In a criminal case, a witness has the right to protection, proper treatment, necessary and appropriate remuneration from the State as provided by law. Background of The Witness Protection Act B.E (2003)

Part 3 Rights and Liberties of an Individual Section 40. A person shall have the rights in judicial process as follows: (4) an injured person, alleged offender, plaintiff, defendant or the accused, interested parties, interested person or witness to the case shall have the right to appropriate treatment in judicial process including the right to be investigated correctly, promptly and fairly and not to testify against himself; (5) an injured person, alleged offender, the accused and witness to a criminal case shall have the right to necessary and appropriate protection and assistance from State. The gratuity, compensation and expenses to be paid shall be provided by the law; Persons who receive protection under The Thai Constitution B.E (2007)

The Witness Protection Act B.E (2003) 23 sections 6 Parts The Witness Protection Act B.E (2003) 23 sections 6 Parts

"Witness" in section 3 of The Witness Protection Act B.E (2003) means a person who commits himself/herself to be present at, or testify, or give evidence to a competent official for investigation, a criminal interrogation, a court for criminal proceedings, and includes an expert but not a defendant who himself/herself is a witness. The meaning of witness

 The right to receive protection when one is threatened causing by the course of his becoming a witness  The right to request for the protection of a person with closed relationships when one is threatened causing by the course of his becoming a witness  The right to receive compensation when the witness has already given evidence or testified to an investigation officer, a public officer, the Court  The right to receive compensation when damage is inflicted on a person’s life, body, property etc.  The right to receive expenses for entering general and special witness measure protection Rights of the witness in The Witness Protection Act B.E (2003)

Key principles in witness protection Retaining confidentiality Speedy

General measure General measure Special measure Special measure

Witness es or related persons requ est enquiry official investigation official competent official for persecution Courts The witness protection office By oneself or inform police officers or other competent officers  Protection for the security are;  Arrangeme nt for their securities  Providing safe accommod ation  Concealme nt of identificati on and personal information Provide protection to witnesses for the absence of their security enquiry official investigation official competent official for persecution Courts The witness protection office 1 2 General measure for witness protection

Special measure for witness protection  Witness e  Interest ed person  investig ation officials  Enquiry official  compet ent official for persecu tion Propose a petition and opinion MOJ minister or appointe d person Witness protection office may 1) relocating or providing suitable accommodation 2) providing reasonable allowance 3) change name and personal information which can identify the witness and facilitate the return of prior status upon witness request 4.) assiting witness to have career or to obtain training or others for assisting a witness in becoming self-sustaining 5.) assisting the witness to attain for their rights 6.) proving security officers 7.)implementing any other measures The witness protection office Submit the petition Appeal to the court of first instance/milit ary court Reject the petition Consider ation for executi on within 30 days -Providing protecti on - coordinatin g to other officials  Verify for the accuracy  inform about rights and consequence s  Issue the petition receipt The Offence in section 8 Taking complaint (witness’s signature)

Compensation rates General measures witness accommodation ; not exceed 800 THB/day food/beverage 200 THB/day living allowances 200 THB/day

Compensation rates Security protection official  accommodation ; not exceed 800 THB/day  fees(not less than 12 hours) 200 THB /day  Expenses for a coverage of name/address  Expenses for other measures for protection and assistance of witness

Special measure expenses relocating or providing suitable accommodation Witness /dependent living expenses for 200 THB/day Coordinating for a change of name and personal registration assisting witness to have career and education assisting the witness to attain for their rights Official’s fee(not less than 12 hours)12 THB/day Other expenses for other measures for protection and assistance of witness

Termination of witness protection The change for witness’s security

Appeal “Section 20” Where a person disagrees with an order under sections 6, 7, 9, 10, 11, 12, 16, 17 or 19 which was not from the Court, he/she may submit an appeal to a Court of First Instance, but not a district court or military court, which has jurisdiction over the case within 30 days from the date he/she acknowledged or should have acknowledged the said order.

Stakeholders for witness protection

Mission of the Witness Protection Office Aims for the excellent operation for witness protection (Operation) Aims for the excellent training to agencies with witness protection mission (Training) Aims for the excellent database in witness protection ( Data Base)

Witness Protection’s mission

Meeting for witness protection for screening into the protection program

the Witness Protection’s mission

Corporation with witness protection’s Police Officer

Corporation with administrative officer

Capacity building for witness protection officer

Workshop for skill development in witness protection at Airborne Support Division,Border Patrol Police Bureau (Naresuan Camp)

Improving physical fitness for witness protection officer

Brainstorming for the revision of the Witness Protection Act 2003

Statistics of people under witness protection program fiscal year As of 6 August 2015 Statistics for general measure application fiscal year  Submitted application 1,079 cases 2,342 persons  Under protection 723 cases 1,787 persons

Number of Witnesses Under Witness Protection (Divided by Police’s Geographical Administration) Fiscal Year Number of Witness Under Witness Protection (Devided by Police’s Geographical Administration ) BKK 1 st region 2 nd region 3 rd region 4 th region 5 th region 6 th region 7 th region 8 th region 9 th region Souther n Total cas e perso n cas e perso n cas e perso n cas e perso n cas e perso n cas e perso n cas e perso n cas e perso n cas e perso n cas e perso n cas e perso n case person Total BKK/ 1 case 3 persons 4 th region/ 5 cases 9 persons southern region / 2 cases 2 persons 3th / 5 cases 17 persons 9 th region / 12 cases 43 persons 8 th region/ 15 cases 48 person 7 th region / 18 cases 57 persons 2 nd region/ 3 cases 15 persons 6 th region /8 cases 73 persons 5 th Region / 9 Cases 14 Persons 1 st region/ 7 cases 10 persons  2014 / 5 cases 7 person  2015 / 4 cases 7 person  2014 / 5 cases 7 persons  2015 / 3 cases 66 persons  2012 / 1 case 1 person  2013 / 1 case 4 persons  2014 / 6 cases 27 persons  2015 / 7 cases 25 persons  2011 / 1 case 2 persons  2014 / 3 cases 9 persons  2015 / 10 cases 37 persons  2014 / 5 cases 23 persons  2015 / 7 cases 20 persons  2014 / 1 case 1 person  2015 / 4 cases 8 persons  2014 / 1 case 1 person  2015 / 5 cases 16 persons  2013 / 1 case 7 persons  2014 / 1 case 1 person  2015 / 1 case 7 persons  2014 / 3 cases 3 persons  2015 / 4 cases 7 persons  2015 / 1 cases 3 persons  2014 / 1 case 1 person  2015 / 1 case 1 person As of 6 August 2015

agencies providing protection to witness at present  a witness protection officer  288 Police officers  a DSI officer  An administrative officer A total of 291 persons ข้อมูล ณ วันที่ ๖ ส. ค. ๒๕๕๘

Statistics for application(divided by offence) fiscal year As of 6 August 2558