On 3 November 2020, Mrs. Prakairatana Thontiravong, Acting Chairperson of the National Human Rights Commission of Thailand (NHRCT), referred to reports in the mdia news regarding the arrest and detention of people who participated in political demonstrations by police officers in plain clothes, using private vehicles and during night time. Some protesters were arrested on some other charges immediately once they were freed on bail or by court order. Such practices were claimed as unfair or even threatening treatment to the accused persons.
            The NHRCT has concerns over such practices, especially against demonstrators who are juveniles.The International Covenant on Civil and Political Rights (ICCPR), which Thailand is a party and has obligations to comply with, has affirmed the principle of legality to prevent arbitrary arrest or detention of persons. Although the grounds for arrest or detention is established by law, it must take into account the elements of appropriateness, justice, predictability and due process of law. In addition, any State action shall take into account the rights and liberties of persons recognized and protected in accordance with the Constitution of the Kingdom of Thailand, B.E. 2560 (2017).
                “To ensure that the law enforcement officers will be careful and fully aware of human rights principles in their operations in the arrest, detention and prosecuting process against demonstrators, the NHRCT sent a formal note to the Commissioner-General of the Royal Thai Police yesterday (2 November) expressing concerns over the situations. The NHRCT emphasized that in a situation where a person’s liberty is deprived, the police operation will not affect his/her basic rights and fundamental freedoms. Any deprivation must be undertaken as necessary and only prescribed by law. Additionally, the Royal Thai Police should also promptly clarify the facts related to the allegedly claims of unfair treatment against demonstrators to the public”, Mrs. Thontiravong said.
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