THE LEGAL MEASURES FOR PROTECTING THE PRISONERS’ RIGHTS

Authors

  • ธนู ไม้แก้ว Doctor of Laws, Western University, Bangkok Thailand
  • อดุลย์ ทานาราช Doctor of Laws, Western University, Bangkok Thailand

Keywords:

institute, prisoner, right, legal measure

Abstract

In this research, there are objectives to study the concepts for protecting the prisoners’ rights, studying the problems and obstacles in the treatment of the prisoners who are violated their rights to enforce the penalty law of the Kingdom of Thailand, studying protection measures of the prisoners’ rights as provided of the foreign laws which are reasonable and fair in practice also, do not violate the prisoners’ rights, and studying the legal measures of foreign penalty law taken to amend Thai penalty law as required for international standards. The research methodology used in this study is qualitative research. It contains researching
papers which research via the academic papers, law books, websites which are both domestic and
foreign. The research has also checked the accuracy, reliability, and precision by interviewing the
target from people who are sufficient in enforcing substantive laws, adjective laws, and punished
enforcement laws.

The result of this research was found out as follows: 1. No provisions of Thai penalty law is determined sleeping areas for the prisoners. This has made the organization in judicial proceeding have not known the capacity of the prison and institute. Because of this reason, the court has not applied alternative laws instead of imprisonment; it makes the prisoners overflow the prison and institute. Thus, Thai penalty law should be amended in provided adequate sleeping floods. 2. regard to the prisoners’ food service, to prepare a meal for the prisoners must be served two times per day as provided by Thai penalty law, being breakfast and dinner, which are ambiguous. Thus, there must be solved by Thai penalty law. It should be that the prison and institute shall treat the meal to the prisoners three times per day, being breakfast, lunch, and dinner. 3. Thai penalty law is not designated particular food for old prisoners, chronic disease prisoners, and disable prisoners in provisions; therefore, it should be prescribed by the laws about treat diet meals for these prisoners. 4. Seriously sick prisoners, no provisions of Thai penalty law is stipulated to inform the relatives. It should be improved provisions concerning notification for the relatives of seriously sick prisoners.

References

Correction Bureau Ministry Of Justice. (1990). Correctional Instutition of Japan. Bangkok: Vinythai Public. (in Thai)

Department of Corrections. (2015). Annual public performance report. Bangkok: Vinythai Public. (in Thai)

Department of Corrections. (1999). A guide to corrections Under Constitutional Law and Human Rights. Bangkok: Vinythai Public. (in Thai)

Ira J. Silverman. (2001). Correction a comprehesive view. 2nd edition. CA: Wadsworth. Office of the Judiciary. (2015). Criminal proceedings statistics and sentence determination. Bangkok: Office of the Judiciary. (in Thai)

Royal Thai Police. (2015). Statistics on arrest and arrest of criminal cases throughout the Kingdom. Bangkok: Royal Thai Police. (in Thai)

Livington, S., O.T., & Mcdonald, A. (2003). Prison Laws. London: Oxford University Press. Thanee Voraputr, T. (2010). Law on the enforcement of imprisonment. Bangkok: Vinythai Public. (in Thai)

United Kingdom of England. (2015). Prison population total. Received April 18, 2018 from http//www. prisonstudies.org.

United States of America. (2013). Prison population total. Received April 18, 2018 from http//www. prisonstudies.org.

Downloads

Published

2018-04-23

How to Cite

ไม้แก้ว ธ., & ทานาราช อ. (2018). THE LEGAL MEASURES FOR PROTECTING THE PRISONERS’ RIGHTS. Academic Journal Phranakhon Rajabhat University, 9(1), 48–60. Retrieved from https://so01.tci-thaijo.org/index.php/AJPU/article/view/115951

Issue

Section

บทความวิจัย (Research Article)