1. Legal aid for People(Thailand)

2. Access to Justice is difficult
Problems
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

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 investigation lawyer 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
Injured person in criminal case is entitled to the right to request for compensation according to the criminal procedure code section 44/1
Right to revive criminal case
Right to seek amnesty
Right to receive witness protection according to the witness protection act B.E. 2544
Etc .e.g. Right to have an interpreter
reconciliation

4. Rights and Liberty Protection Center Initial case assessment
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. Highlight/laws/ mechanisms
Legal counseling and taking complaint
1.Legal and case counseling
2.taking complaint for the violation of rights and liberty (free of charge)
Background
Proactive field visit to help person whose human rights and liberty have been violated
82 justice clinic s thorough out the country
Highlight/laws/ mechanisms
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 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 proposal to 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; the offence with capital punishment
2. the suspect is 18 years old or below
3. the offence with imprisonment

9. กองพิทักษ์สิทธิและเสรีภาพ
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 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
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. 13/09/61
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. Financial support or justice fund expenses
Bail release
Lawyer fees
Court fees
inspection
Other necessary expenses e.g. transportation fees
Witness protection before trail
Serious criminal offences with more than 10 injured persons
Others in accordance with the justice fund ‘s objectives
Financial support or justice fund expenses
กองพิทักษ์สิทธิและเสรีภาพ

14. what are statistics for the assistance of Justice fund
*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, cases
finish 15, cases
pending cases
payment ,816, THB

16. Highlight for laws and mechanism provided by the state
1. Laws Justice’s Order for the Justice fund 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 system for 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 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

18. the exercise for consideration in justice fund’s application
The Justice Fund Management Committee
RLPD Justice Fund Management Committee Secretary
1st Subcommittee ( the Execution Department)
2nd Subcommittee ( DSI)
3rd Subcommittee (office of public sector anti-corruption commission)
Subcommittee for the southernmost provinces
Decentralization of justice fund to 76 Provinces
the exercise for consideration in justice fund’s application
กองพิทักษ์สิทธิและเสรีภาพ

19. Training for The Justice Fund provincial sub-committee’s secretaries
Video Conference on 6 May 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
Training for The Justice Fund provincial sub-committee’s secretaries

20. Good practice
Garbage keeper selling CD-ROM received financial aid made a donation to the Justice Fund
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 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 fees Assist 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. 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

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