THE PROBLEM OF THE INCOMPATIBILITIES OF HUMAN RIGHT PROTECTION STANDARDS IN THAI LAW WITH THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS : THE CASE STUDY OF PRINCIPLE OF PRESUMPTION OF INNOCENCE

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ทินมณี เจี่ยวเลี่ยน

Abstract

The principle of presumption of innocence, one of the fundamental human rights principles, is affirmed in the International Covenant on Civil and Political Rights (ICCPR). In order to protect the rights of the accused in criminal proceedings and guarantee that no guilt can be presumed until charges have been proved in court beyond a reasonable doubt. According to the ICCPR,state parties are obligated under the covenant to ensure that legal contents and the state relevant practices conform to ICCPR principles. Thailand is a state party of the covenant, required to implement its obligations. However, a careful inspection of Thai law and relevant practice reveals that certain legal provisions and some relevant organizational practices do not conform with many ICCPR standards for the principle of presumption of innocence. These include lawmaking process, pre-trial proceedings, during trial court proceedings and post-trial court proceedings. This article focuses on incompatibility problems between standards of human rights protection in Thai law and the ICCPR guidelines in case of principle on the presumption of innocence. In doing so, this article will explore the legal the relevant ICCPR provisions , general comments from the Office of the High Commissioner for Human Rights (OHCHR), relevant domestic law of other state parties, and European Court of Human Rights(ECHR) decisions of potential use in cases where imprecision exists or details are lacking about certain aspects of the principle of the presumption of innocence in the ICCPR.
The aim of this article is to provide recommendations on how to improve effectiveness of human rights protection, in terms of the right of the accused regarding to the presumption of innocence and how to effectively and consistently adjust the contents of Thai law and relevant practices according to the standard set by ICCPR.


Keywords Presumption of Innocence, Right of the accused, The International Covenant on Civil and Political Rights (ICCPR)

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