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Death Penalty Database

Thailand

Information current as of: July 19, 2015

General

Official Country Name

Kingdom of Thailand (Thailand). [1]

Geographical Region

Asia (South-eastern Asia). [2]

Death Penalty Law Status

Retentionist. The last execution was carried out in 2009. [3]

Methods of Execution

Lethal Injection.
Lethal injection is the sole method of execution. [4]

References

[1] BBC, Country Profiles: Thailand Profile, http://www.bbc.co.uk/news/world-asia-15583755, Dec. 27, 2014.
[2] U.N., Composition of macro geographical (continental) regions, geographical sub-regions, and selected economic and other groupings, http://unstats.un.org/unsd/methods/m49/m49regin.htm, Oct. 31, 2013.
[3] Amnesty Intl., Thailand Carries Out First Executions in Six Years, http://www.amnesty.org/en/news-and-updates/news/thailand-first-executions-six-years-20090826, Aug. 26, 2009.
[4] Thailand Criminal Code, art. 19, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003). Amnesty Intl., Thailand Carries Out First Executions in Six Years, http://www.amnesty.org/en/news-and-updates/news/thailand-first-executions-six-years-20090826, Aug. 26, 2009.

Country Details

Language(s)

Thai. [1]

Population

69,900,000. [2]

Number of Individuals Currently Under Sentence of Death

649.

Figures from the Department of Statistics indicate that there were 649 prisoners under sentence of death as of January 31, 2015. [3] Drug-related offenses accounted for around 47% of capital convictions at the end of 2014, [4] while homicide-related convictions make up the rest of death row. [5] Thailand handed down over 55 new death sentences in 2014, [6] at least 50 in 2013 [7] and at least 106 in 2012. [8]

Annual Number of Reported Executions

Executions in 2016 to date (last updated on November 29, 2016)

0. [9]

Executions in 2015

0. [10]

Per capita execution rate in 2015

0 executions.

Executions in 2014

0. [11]

Per capita execution rate in 2014

0 executions

Executions in 2013

0. [12]

Per capita execution rate in 2013

0 executions

Executions in 2012

0. [13]

Per capita execution rate in 2012

0 executions

Executions in 2011

0. [14]

Per capita execution rate in 2011

0 executions

Executions in 2010

0. [15]

Executions in 2009

2. [16]

Executions in 2008

0. [17]

Executions in 2007

0. [18]

Year of Last Known Execution

In August 2009, two men were executed in Thailand for drug-trafficking offenses. The previous executions took place in 2003, and were reported to have been aimed at testing the new method of execution by lethal injection. [19]

References

[1] BBC, Country Profiles: Thailand Profile, http://www.bbc.co.uk/news/world-asia-15583755, Dec. 27, 2014.
[2] BBC, Country Profiles: Thailand Profile, http://www.bbc.co.uk/news/world-asia-15583755, Dec. 27, 2014.
[3] Danthong Breen, affiliated with the Union for Civil Liberty, DPW Doc. E-3, Email to Death Penalty Worldwide, Mar. 26, 2015.
[4] Amnesty Intl., Death Sentences and Executions in 2014, p. 39, ACT 50/001/2015, Mar. 31, 2015.
[5] Sutharee Wannasiri, affiliated with Amnesty International Thailand, DPW Doc. E-2, Email to World Coalition Against Death Penalty, Sep. 29, 2014.
[6] Amnesty Intl., Death Sentences and Executions in 2014, p. 39, ACT 50/001/2015, Mar. 31, 2015.
[7] Amnesty Intl., Death Sentences and Executions in 2013, p. 27, ACT 50/001/2014, Mar. 26, 2014. Another source, citing official Thailand Ministry of Justice statistics, reports that 294 people were sentenced to death in 2013 alone, suggesting that Amnesty’s numbers may be very conservative: see U.N. Office of the High Commissioner for Human Rights, Moving Away From the Death Penalty: Lessons in South-East Asia, p. 34, http://bangkok.ohchr.org/files/Moving%20away%20from%20the%20Death%20Penalty-English%20for%20Website.pdf, Oct. 22-23, 2013.
[8] Amnesty Intl., Death Sentences and Executions in 2012, p. 26, ACT 50/001/2013, Apr. 10, 2013.
[9] DPW Executions and Death Sentences Monitor.
[10] DPW Executions and Death Sentences Monitor.
[11] Amnesty Intl., Death Sentences and Executions in 2014, ACT 50/001/2015, Mar. 31, 2014.
[12] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. 26, 2014.
[13] Amnesty Intl., Death Sentences and Executions in 2012, ACT 50/001/2013, Apr. 10, 2013.
[14] Amnesty Intl., Death Sentences and Executions in 2011, ACT 50/001/2012, Mar. 27, 2012.
[15] Amnesty Intl., Death Sentences and Executions in 2010, ACT 50/001/2011, Mar. 28, 2011.
[16] Amnesty Intl., Death Sentences and Executions in 2009, p. 6, ACT 50/001/2010, Mar. 30, 2010.
[17] Amnesty Intl., Death Sentences and Executions in 2008, ACT 50/003/2009, Mar. 24, 2009.
[18] Amnesty Intl., Death Sentences and Executions in 2007, ACT 50/001/2008, Apr. 15, 2008.
[19] Amnesty Intl., Thailand Carries Out First Executions in Six Years, http://www.amnesty.org/en/news-and-updates/news/thailand-first-executions-six-years-20090826, Aug. 26, 2009. Union for Civil Liberty, Prisons in Thailand, 2011.

Crimes and Offenders Punishable By Death

Crimes Punishable by Death

Aggravated Murder.
The following aggravated forms of murder are punishable by death: committing murder “by employing torture or acts of cruelty;” [1] murder of an ascendant, [2] murder of an official, or murder of those who assist officials; [3] murder to prepare or facilitate another offense; [4] murder “for the purpose of securing the benefit obtained through any other offence or of concealing any other offence or of escaping punishment for any other offence committed by him;” [5] murder or attempted murder of a member of the royal family; [6] and murder or attempted murder of a foreign head of state that has friendly relations with Thailand. [7]

Murder.
Murder (even without aggravating factors) is punishable by death. [8]

Other Offenses Resulting in Death.
The following offenses are punishable by death if they result in the death of a victim, even in the absence of an intent to cause death: committing a theft [9] or a gang-robbery; [10] raping a woman or girl [11] or committing “indecent acts” on a child under the age of 15; [12] having sexual relations with a girl under the age of 15, even if they are consensual; [13] forcibly detaining, enslaving or trafficking a child under 15 years; [14] kidnapping to obtain a ransom [15] or supporting such an offense; [16] and committing arson [17] or causing an explosion. [18] Causing (or attempting to cause) the death of a member of the royal family, the head of a foreign friendly state or an accredited foreign representative is also punishable by death, and it is unclear whether the law requires evidence of intent. [19]

In March 2015, the National Legislative Assembly voted to amend the Anti-Trafficking in Persons Act of 2008 to make human trafficking a capital offense if it causes a trafficking victim’s death. [20]

Terrorism-Related Offenses Not Resulting in Death.
Arson of State buildings or places of mass gatherings, religious sites, or public transportation vehicles is punishable by death. [21] Reports indicate that airplane hijacking is also a capital offense under the 1978 Royal Act on Certain Offences Related to Air Travel, [22] which we were not able to locate during our research.

Rape Not Resulting in Death.
Raping a woman or girl under the age of 15 with a gun or explosives, or with the intent to murder, is punishable by death if it results in serious injury. [23]

Arson Not Resulting in Death.
Committing arson or preparing to do so by setting fire to a building or vessel used as a human dwelling, a building or vessel used for storage or manufacture of goods, public places such as a house of entertainment, a meeting place, a State building, a place for performing religious ceremonies, a railway station, airport, or public parking, or a boat, airplane or train used for public transportation, are punishable by death. [24]

Kidnapping Not Resulting in Death.
Kidnapping for ransom and causing grievous bodily harm or any physical or mental injury by torture to the kidnapped person is punishable by death. [25] Being an accomplice to this offense is also punishable by death. [26]

In addition, the Narcotics Act, which makes forcibly drugging a woman or person lacking legal competence a capital offense, likely affects whether certain kidnapping offenses in Thailand are punishable by death. [27]

Drug Trafficking Not Resulting in Death.
The death penalty can be imposed for manufacturing, importing or exporting category 1 or “dangerous” narcotics for commercial purposes. [28]

Drug Possession.
Possession of more than 20 grams of category 1 or “dangerous” narcotics is a capital offense. [29] The use of deception, coercion, intimidation, physical threat, or dark influence to force any woman or person lacking legal competence to take narcotics is also a capital offense. [30]

Economic Crimes Not Resulting in Death.
The death penalty may be imposed on a government official or a democratic representative, [31] a judicial official or a prosecutor [32] for demanding or accepting a bribe. In July 2015, an amendment to the Anti-Corruption Act expanded the death penalty to foreign officials and staff of international organizations who demand or accept a bribe. [33]

Treason.
The following treasonous offenses are punishable by death: endangering the life of the King [34] or committing a deadly or violent action against the royal family; [35] causing or attempting to cause the death of the head of a friendly foreign state or an accredited foreign representative; [36] committing or threatening to commit an act of violence to overthrow the constitution or seize power; [37] acting with the intent to cause the country to fall under the sovereignty of a foreign State or to deteriorate the independence of the State; [38] a Thai citizen taking up arms against Thailand or assisting an enemy; [39] and committing any act with the intent to cause danger to the external security of the State, if such danger occurs. [40]

A number of treason and espionage offenses are also reportedly punishable by death under the Military Criminal Code. [41]

Espionage.
Espionage to aid an enemy in preparation for battle or during wartime is a capital offense. [42] Reports indicate that the Military Criminal Code also imposes the death penalty for espionage. [43]

Military Offenses Not Resulting in Death.
A number of capital treason offenses laid out in the Criminal Code are relevant to the military, including instigating neglect of duty by a member of the armed forces, committing mutiny, deserting, committing a breach of discipline, [44] and bearing arms against the country. [45]

We were unable to locate the Military Criminal Code during our research, but reports indicate that it also imposes the death penalty for the following offences: dodging the draft, deserting or deserting one’s duty in the face of the enemy; [46] surrendering against orders [47] or more generally committing acts of insubordination in the face of the enemy; [48] initiating or organizing a conspiracy or armed rebellion through armed threats, armed assault, or by creating public unrest; [49] assaulting a commanding officer in the face of the enemy; [50] and abandoning or destroying military property, equipment or supplies in face of the enemy. [51] A number of treason and espionage offenses are also punishable by death under the Military Criminal Code. [52] Any offence committed by a released prisoner of war returning to active combat duty is also punishable by death. [53]

Other Offenses Not Resulting in Death.
- Offenses against women and minors: Procuring, recruiting, luring, enticing or coercing a child under the age of 15 to gratify the sexual desire of another person; [54] or using deception, coercion, intimidation, physical threat, or dark influence to force any woman or person lacking legal competence to take narcotics [55] are punishable by death.

- Use of firearms or explosives: The illegal use of firearms or explosives is a capital offense under the Firearms and Accessories, Explosives, Fireworks, and Other Equivalence Act, [56] which we were not able to consult first-hand.

- Attempts: Certain attempted offenses may be punished like the offense itself: attempting to cause the death of a member of the royal family, the head of a foreign friendly state or an accredited foreign representative, [57] and attempted murder of a member of the royal family [58] or a friendly foreign head of state [59] are punishable by death.

Comments.
As of September 2014, the National Legislative Assembly set up under military rule was considering a bill creating a new terrorism-related capital offense for destroying or damaging an aircraft, or committing an act in an airport which causes death or forces the closure of an airport. [60]

Does the country have a mandatory death penalty?

Yes. We believe this is the case despite the fact that the law itself can be read to suggest that there is no mandatory death penalty. Although the criminal code and other laws prescribing the death penalty do not always provide for alternatives for the death penalty, the Thai Criminal Code provides that courts may consider certain mitigating circumstances to reduce the sentence, even if the legislative provision does not explicitly provide for a reduction in the sentence. The list of mitigating circumstances includes lack of intelligence, serious distress, previous good conduct, repentance by the offender, voluntary surrender to an official, and information given to the court for the benefit of the trial. [61] In 2005, the Thai government reported to the U.N. Human Rights Committee that there was no mandatory death penalty. [62]

In-country experts indicate that there is “a very powerful set of customary rules” guiding courts’ consideration of mitigating and aggravating factors in criminal trials. [63] An offender’s background and behavior, including during trial, will significantly impact sentencing. A guilty plea will typically result in prison sentences being halved. [64]

In practice, however, Thai lawyers report that judges often impose the death penalty without any consideration of mitigating circumstances when it comes to certain offenses, particularly drug-related offenses. Typically, judges will consider imposing a sentence other than death only in cases in which the accused confesses to the crime, cooperates with the police, and/or expresses remorse. [65] Thailand recently indicated to the UN Secretary-General, in response to the questionnaire circulated in preparation for the UN’s quinquennial report on capital punishment, that death was a mandatory punishment for a number of crimes. [66] We do not know if these comments reflect the legal position of the military junta government or an acknowledgment of the existing practice.

For Which Offenses, If Any, Is a Mandatory Death Sentence Imposed?

Although the law itself suggests that there is no mandatory death penalty in Thailand [67] (see discussion on the mandatory death penalty), Thailand recently indicated to the UN Secretary-General, in response to the questionnaire circulated in preparation for the UN’s quinquennial report on capital punishment, that death was a mandatory punishment for a number of crimes. [68] We do not know if these comments reflect the legal position of the military junta government or an acknowledgment of the existing practice.

Aggravated Murder.
Thailand indicated to the UN Secretary-General that the death penalty was mandatory for “killing a parent or an official in service.” [69] The media has reported mandatory death sentences being handed down for murder of a parent. [70]

Murder or attempted murder of the King, the Queen, the heir apparent or the Regent, which are treasonous offenses, also trigger a mandatory death penalty. [71]

Other Offenses Resulting in Death.
Thailand indicated to the UN Secretary-General that the death penalty was mandatory for “robbery causing the death of another person.” [72]

Drug Trafficking Not Resulting in Death.
Thailand indicated to the UN Secretary-General that the death penalty was mandatory for “producing, importing or exporting narcotics, or coercing a woman or a person below 20 years of age to consume heroin.” [73]

Treason.
Thailand indicated to the UN Secretary-General that the death penalty was mandatory for “murder or attempted murder of the King, the Queen, the heir apparent or the Regent.” [74]

Military Offenses Not Resulting in Death.
Thailand indicated to the UN Secretary-General that the death penalty was mandatory for “desertion constituting defection to the enemy.” [75]

Crimes For Which Individuals Have Been Executed Since January 2008:

Drug Trafficking Not Resulting in Death.
Bundit Jaroenwanit, aged 45, and Jirawat Poompreuk, aged 52, were convicted of drug trafficking on 29 March 2001 and subsequently sentenced to death. They were executed on August 24, 2009. [76]

Categories of Offenders Excluded From the Death Penalty:

Individuals Below Age 18 At Time of Crime.
Under Thai law, offenders under the age of 18 at the time of the offense who are sentenced to death or life imprisonment have their penalty deemed commuted to 50 years’ imprisonment. [77] Furthermore, the Constitution mandates that children and youths “have the right to proper protection during the judicial process.” [78]

Prior to 2003, the death penalty existed in law for juveniles over the age of 17, though in practice it was not applied to offenders under 20. [79] The law was not changed, however, until 2012. [80] In July 2012, Thailand withdrew its interpretive declarations to Article 6(5) of the International Covenant on Civil and Political Rights regarding the abolition of the death penalty for persons below the age of 18 at the time of the crime. [81]

Thailand has not executed any juveniles since at least 1990, when Amnesty International started keeping track of worldwide juvenile executions. [82]

Pregnant Women.
The Constitution mandates that pregnant women “have the right to proper protection during the judicial process.” [83] Since 2007, the maximum penalty that can be imposed upon a pregnant woman convicted of a capital offense is a life sentence. [84]

In July 2007, the National Legislative Assembly approved the legal amendments that exempted pregnant women from the death penalty, replacing the previous law which delayed execution for a year after the birth. [85] The 2007 amendments also allow women to care for their newborn child in a suitable place within the penitentiary for up to three years. [86] The law was not changed, however, until 2012. [87]

Mentally Ill.
Execution of insane persons is prohibited in Thailand. [88] The law provides: “If a person sentenced to death becomes insane before being executed, the execution shall be suspended until such person has recovered. …If the insane person recovers after one year from the date when the judgment become final, the punishment of death shall be commuted to imprisonment for life.” [89] The 2008 version of the Criminal Code we worked with provided that if a mentally ill prisoner recovers less than a year after the final judgment, however, an execution follows. [90] However, Thailand reportedly fully abolished capital punishment for those suffering from mental disorders in July 2012. [91] Reports indicate that the law requires prison officials to conduct thorough examinations on the mental status of each prisoner sentenced to death as well as those who have exhausted the application procedures for a royal pardon. [92] The Constitution mandates that “disabled or handicapped persons have the right to proper protection during the judicial process.” [93]

Intellectually Disabled.
The Constitution mandates that “disabled or handicapped persons have the right to proper protection during the judicial process.” [94] Moreover, the Criminal Code lists lack of intelligence as a potential mitigating circumstance. [95] This is a discretionary exclusion, however, which is not often taken into consideration at sentencing. [96]

Comments.
Women With Small Children: Thailand’s criminal laws reserve special treatment to mothers of children under the age of 3. Since July 2007, pregnant women sentenced to death have their sentences commuted to life imprisonment and are permitted to raise their infant in prison for up to three years. [97] Moreover, the Code of Criminal Procedure provides that the beginning of a term of imprisonment may be delayed if the defendant is the mother and caregiver of a child under the age of 3. [98] Nevertheless, Thailand has informed the United Nationals that mothers of young children are eligible for execution. [99]

References

[1] Thailand Criminal Code, sec. 289(5), B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[2] Thailand Criminal Code, sec. 289(1), B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[3] Thailand Criminal Code, secs. 289(2)-(3), B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[4] Thailand Criminal Code, sec. 289(6), B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[5] Thailand Criminal Code, sec. 289(7), B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[6] Thailand Criminal Code, sec. 107, 109, 132, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[7] Thailand Criminal Code, secs. 130, 132, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[8] Thailand Criminal Code, secs. 288, 289(4), B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003). Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 19, no. 411/2, Mar. 2005.
[9] Thailand Criminal Code, sec. 339, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[10] Thailand Criminal Code, sec. 340, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[11] Thailand Criminal Code, secs. 276, 277, 277bis, 277ter, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003). Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 19, no. 411/2, Mar. 2005.
[12] Thailand Criminal Code, secs. 278, 279, 280(2), B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[13] Thailand Criminal Code, secs. 277, 277bis, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003). Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 19, no. 411/2, Mar. 2005.
[14] Thailand Criminal Code, secs. 310, 312, 312bis(2), B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003). Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 19, no. 411/2, Mar. 2005.
[15] Thailand Criminal Code, secs. 313, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[16] Thailand Criminal Code, secs. 313, 314, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003). Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 19, no. 411/2, Mar. 2005.
[17] Thailand Criminal Code, secs. 218, 221, 222, 224, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[18] Thailand Criminal Code, secs. 221, 222, 224, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[19] Thailand Criminal Code, sec. 130, 131, 132, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[20] Reuters, Thailand toughens trafficking law with death penalty, steep fines, http://www.reuters.com/article/2015/03/26/us-thailand-trafficking-idUSKBN0MM10V20150326, Mar. 26, 2015.
[21] Thailand Criminal Code, sec. 218, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[22] Roger Hood & Carolyn Hoyle, The Death Penalty: A Worldwide Perspective, p. 136, Oxford University Press, 4th ed., 2008. Amnesty Intl., When the State Kills, p. 215, Amnesty International Publications, 1989.
[23] Thailand Criminal Code, secs. 276, 277, 277ter, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[24] Thailand Criminal Code, secs. 218, 219, B.E. 2499, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[25] Thailand Criminal Code, secs. 313, 314, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[26] Thailand Criminal Code, secs. 313, 314, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[27] Thailand Narcotics Act, sec. 93, B.E. 2522 (1979), as amended through to Act No. 5, B.E. 2545 (2002). Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 19, no. 411/2, Mar. 2005.
[28] Thailand Narcotics Act, secs. 7, 15, 65, B.E. 2522 (1979), as amended through to Act No. 5, B.E. 2545 (2002).Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 19, no. 411/2, Mar. 2005.
[29] Thailand Narcotics Act, sec. 66, B.E. 2522 (1979), as amended through to Act No. 5, B.E. 2545 (2002). Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 19, no. 411/2, Mar. 2005.
[30] Thailand Narcotics Act, sec. 93, B.E. 2522 (1979), as amended through to Act No. 5, B.E. 2545 (2002). Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 19, no. 411/2, Mar. 2005.
[31] Thailand Criminal Code, sec. 149, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[32] Thailand Criminal Code, secs. 201, 202, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[33] Amendment No. 3 to Thailand Anti-Corruption Act of 1999, sec. 123(2), as cited in Bangokok Post, Death New Corruption Remedy, http://www.bangkokpost.com/news/general/621164/death-new-corruption-remedy, Jul. 13, 2015 ; The Guardian, New anti-corruption law in Thailand extends death penalty to foreigners, http://www.theguardian.com/world/2015/jul/15/new-anti-corruption-law-in-thailand-extends-death-penalty-to-foreigners, Jul. 15, 2015; Bangkok Post, NACC defends death penalty for graft cases, http://www.bangkokpost.com/news/politics/621376/nacc-defends-death-penalty-for-graft-cases, Jul. 14, 2015.
[34] Thailand Criminal Code, sec. 108, 132, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[35] Thailand Criminal Code, secs. 107, 109, 130, 132, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[36] Thailand Criminal Code, secs. 130, 131, 132, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[37] Thailand Criminal Code, sec. 113, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[38] Thailand Criminal Code, sec. 119, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[39] Thailand Criminal Code, secs. 121, 122, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[40] Thailand Criminal Code, sec. 127, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[41] Intl. Federation for Human Rights, The Death Penalty in Thailand, pp. 19-20, no. 411/2, Mar. 2005.
[42] Thailand Criminal Code, secs. 122, 124, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[43] Intl. Federation for Human Rights, The Death Penalty in Thailand, pp. 19-20, no. 411/2, Mar. 2005.
[44] Thailand Criminal Code, sec. 122, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[45] Thailand Criminal Code, sec. 121, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[46] Intl. Federation for Human Rights, The Death Penalty in Thailand, pp. 18-20, no. 411/2, Mar. 2005.
[47] Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 19, no. 411/2, Mar. 2005.
[48] Intl. Federation for Human Rights, The Death Penalty in Thailand, pp. 19-20, no. 411/2, Mar. 2005.
[49] Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 20, no. 411/2, Mar. 2005.
[50] Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 20, no. 411/2, Mar. 2005.
[51] Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 19, no. 411/2, Mar. 2005.
[52] Intl. Federation for Human Rights, The Death Penalty in Thailand, pp. 19-20, no. 411/2, Mar. 2005.
[53] Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 19, no. 411/2, Mar. 2005.
[54] Thailand Criminal Code, sec. 283, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[55] Thailand Narcotics Act, sec. 93, B.E. 2522 (1979), as amended through to Act No. 5, B.E. 2545 (2002). Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 19, no. 411/2, Mar. 2005.
[56] Firearms and Accessories, Explosives, Fireworks, and Other Equivalence Act, B.E. 2490 (1947), as amended through to B.E. 2542 (1999), as cited in Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 19, no. 411/2, Mar. 2005.
[57] Thailand Criminal Code, sec. 130, 131, 132, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[58] Thailand Criminal Code, sec. 107, 109, 132, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[59] Thailand Criminal Code, secs. 130, 132, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[60] Zee News, Thailand’s new bill proposes death for airport closure, http://zeenews.india.com/news/world/thailands-new-bill-proposes-death-for-airport-closure_1472802.html, Sep. 19, 2014.
[61] Thailand Criminal Code, sec. 78, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[62] U.N. Office of the High Commissioner for Human Rights, Press Release : Commission on Human Rights Considers Report of Thailand, http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=1803&LangID=E, Jul. 20, 2005.
[63] Union for Civil Liberty, Prisons in Thailand, p. 9, 2011.
[64] Union for Civil Liberty, Prisons in Thailand, p. 9, 2011.
[65] Meeting with Practicing Attorneys in Bangkok, Thailand, interviewed in person by Sandra Babcock, DPW Thailand Doc. M-2, Oct. 21, 2013.
[66] U.N. ECOSOC, Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, Report of the Secretary-General, para. 65, U.N. Doc. E/2015/49, Apr. 13, 2015. See also U.N. Office of the High Commissioner for Human Rights, Moving Away From the Death Penalty: Lessons in South-East Asia, pp. 24-25, http://bangkok.ohchr.org/files/Moving%20away%20from%20the%20Death%20Penalty-English%20for%20Website.pdf, Oct. 22-23, 2013.
[67] Thailand Criminal Code, sec. 78, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[68] U.N. ECOSOC, Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, Report of the Secretary-General, para. 65, U.N. Doc. E/2015/49, Apr. 13, 2015. See also U.N. Office of the High Commissioner for Human Rights, Moving Away From the Death Penalty: Lessons in South-East Asia, pp. 24-25, http://bangkok.ohchr.org/files/Moving%20away%20from%20the%20Death%20Penalty-English%20for%20Website.pdf, Oct. 22-23, 2013.
[69] U.N. ECOSOC, Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, Report of the Secretary-General, para. 65, U.N. Doc. E/2015/49, Apr. 13, 2015.
[70] See e.g. Thaivisa News, Death penalty for son convicted for killing parents and brother, http://www.thaivisa.com/forum/topic/810575-death-penalty-for-son-convicted-for-killing-parents-and-brother, Mar. 21, 2015.
[71] U.N. ECOSOC, Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, Report of the Secretary-General, para. 65, U.N. Doc. E/2015/49, Apr. 13, 2015.
[72] U.N. ECOSOC, Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, Report of the Secretary-General, para. 65, U.N. Doc. E/2015/49, Apr. 13, 2015.
[73] U.N. ECOSOC, Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, Report of the Secretary-General, para. 65, U.N. Doc. E/2015/49, Apr. 13, 2015.
[74] U.N. ECOSOC, Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, Report of the Secretary-General, para. 65, U.N. Doc. E/2015/49, Apr. 13, 2015.
[75] U.N. ECOSOC, Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, Report of the Secretary-General, para. 65, U.N. Doc. E/2015/49, Apr. 13, 2015.
[76] Amnesty Intl., Thailand Carries Out First Executions in Six Years, http://www.amnesty.org/en/news-and-updates/news/thailand-first-executions-six-years-20090826, Aug. 26, 2009.
[77] Thailand Criminal Code, sec. 18, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[78] Constitution of the Kingdom of Thailand, art. 40, B.E. 2550 (2007), Aug. 24, 2007, as amended through to 2011.
[79] Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 20, no. 411/2, Mar. 2005. Vimai Srichantra, Thai Juvenile Justice System, p. 3, Thailand Dept. of Juvenile Observation and Protection, Feb. 2009.
[80] The Nation, Thailand Urged to Abolish Death Penalty, http://www.nationmultimedia.com/breakingnews/Thailand-urged-to-abolish-death-penalty-30192008.html, Oct. 9, 2012. Expert Roundtable Discussion on the Next Step Forward for Thailand to Limit the Use of the Death Penalty, Bangkok, DPW Doc. M-1, Oct. 22, 2013.
[81] Thailand Ministry of Foreign Affairs, Press Releases : Thailand withdraws its interpretative declarations to Article 6(5) and Article 9(3) of the International Covenant on Civil and Political Rights, http://www.mfa.go.th/main/en/media-center/14/27088-Thailand-withdraws-its-interpretative-declarations.html, Aug. 29, 2012.
[82] Amnesty Intl., Executions of Juveniles Since 1990, http://www.amnesty.org/en/death-penalty/executions-of-child-offenders-since-1990, last accessed Oct. 3, 2014.
[83] Constitution of the Kingdom of Thailand, art. 40, B.E. 2550 (2007), Aug. 24, 2007, as amended through to 2011.
[84] Thailand Criminal Procedure Code, sec. 247, B.E. 2477 (1934), as amended through to Act No. 29, B.E. 2551 (2008).
[85] Thailand Law Forum, Thailand Legal News Updates: Pregnant Women Spared from Death Sentence, http://www.thailawforum.com/news/news-july-5.html, Jul. 12, 2007.
[86] Thailand Criminal Procedure Code, sec. 247, B.E. 2477 (1934), as amended through to Act No. 29, B.E. 2551 (2008). Thailand Law Forum, Thailand Legal News Updates: Pregnant Women Spared from Death Sentence, http://www.thailawforum.com/news/news-july-5.html, Jul. 12, 2007. U.N. ECOSOC, Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, Report of the Secretary-General, para. 81, U.N. Doc. E/2015/49, Apr. 13, 2015.
[87] The Nation, Thailand Urged to Abolish Death Penalty, http://www.nationmultimedia.com/breakingnews/Thailand-urged-to-abolish-death-penalty-30192008.html, Oct. 9, 2012. Expert Roundtable Discussion on the Next Step Forward for Thailand to Limit the Use of the Death Penalty, Bangkok, DPW Doc. M-1, Oct. 22, 2013.
[88] Thailand Criminal Procedure Code, sec. 248, B.E. 2477 (1934), as amended through to Act No. 29, B.E. 2551 (2008).
[89] Thailand Criminal Procedure Code, sec. 248, B.E. 2477 (1934), as amended through to Act No. 29, B.E. 2551 (2008).
[90] Intl. Federation for Human Rights, The Death Penalty in Thailand, pp. 20-21, no. 411/2, Mar. 2005.
[91] Expert Roundtable Discussion on the Next Step Forward for Thailand to Limit the Use of the Death Penalty, Bangkok, DPW Doc. M-1, Oct. 22, 2013.
[92] Intl. Federation for Human Rights, The Death Penalty in Thailand, pp. 20-21, no. 411/2, Mar. 2005.
[93] Constitution of the Kingdom of Thailand, art. 40, B.E. 2550 (2007), Aug. 24, 2007, as amended through to 2011.
[94] Constitution of the Kingdom of Thailand, art. 40, B.E. 2550 (2007), Aug. 24, 2007, as amended through to 2011.
[95] Thailand Criminal Code, sec. 78, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[96] Meeting with Practicing Attorneys in Bangkok, Thailand, interviewed in person by Sandra Babcock, DPW Thailand Doc. INT-1, Oct. 21, 2013.
[97] Thailand Law Forum, Thailand Legal News Updates: Pregnant Women Spared from Death Sentence, http://www.thailawforum.com/news/news-july-5.html, Jul. 12, 2007.
[98] Thailand Criminal Procedure Code, sec. 246, B.E. 2477 (1934), as amended through to Act No. 29, B.E. 2551 (2008).
[99] Roger Hood & Carolyn Hoyle, The Death Penalty: A Worldwide Perspective, p. 195, Oxford University Press, 4th ed., 2008.

International Commitments

ICCPR

Party?

Yes. [1] Moreover, in July 2012, Thailand withdrew its interpretive declarations to Articles 6(5) and 9(3) of the International Covenant on Civil and Political Rights. [2]

Date of Accession

October 29, 1996. [3]

Signed?

No. [4]

Date of Signature

Not Applicable.

First Optional Protocol to the ICCPR, Recognizing Jurisdiction of the Human Rights Committee

Party?

No. [5]

Date of Accession

Not Applicable.

Signed?

No. [6]

Date of Signature

Not Applicable.

Second Optional Protocol to the ICCPR, Toward the Abolition of the Death Penalty

Party?

No. [7]

Date of Accession

Not Applicable.

Signed?

No. [8]

Date of Signature

Not Applicable.

American Convention on Human Rights

Party?

Not Applicable. [9]

Date of Accession

Not Applicable.

Signed?

Not Applicable. [10]

Date of Signature

Not Applicable.

Death Penalty Protocol to the ACHR

Party?

Not Applicable.

Date of Accession

Not Applicable.

Signed?

Not Applicable.

Date of Signature

Not Applicable.

African Charter on Human and Peoples' Rights (ACHPR)

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

Protocol to the ACHPR on the Rights of Women in Africa

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

African Charter on the Rights and Welfare of the Child

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

Arab Charter on Human Rights

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

2014 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [11]

Vote

Abstained. [12]

Signed the Note Verbale of Dissociation

No. [13]

2012 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [14]

Vote

Abstained. [15]

Signed the Note Verbale of Dissociation

No. [16]

2010 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [17]

Vote

Abstained. [18]

Signed the Note Verbale of Dissociation

No. [19]

2008 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [20]

Vote

Against. [21]

Signed the Note Verbale of Dissociation

Yes. [22]

2007 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [23]

Vote

Against. [24]

Signed the Note Verbale of Dissociation

Yes. [25]

References

[1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Jul. 9, 2015.
[2] Thailand Ministry of Foreign Affairs, Press Releases : Thailand withdraws its interpretative declarations to Article 6(5) and Article 9(3) of the International Covenant on Civil and Political Rights, http://www.mfa.go.th/main/en/media-center/14/27088-Thailand-withdraws-its-interpretative-declarations.html, Aug. 29, 2012.
[3] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Jul. 9, 2015.
[4] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Jul. 9, 2015.
[5] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Jul. 9, 2015.
[6] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed Jul. 9, 2015.
[7] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed Jul. 9, 2015.
[8] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed Jul. 9, 2015.
[9] Status Declarations, Reservations, Denunciations, Withdrawals, B-32: Amer. Conv. on Human Rights, Pact of San Jose, Costa Rica, Nov. 22, 1969, http://cidh.oas.org/basicos/english/basic4.amer.conv.ratif.htm, last accessed Oct. 25, 2013.
[10] Status, Declarations, Reservations, Denunciations, Withdrawals, B-32: Amer. Conv. on Human Rights, Pact of San Jose, Costa Rica, Nov. 22, 1969, http://cidh.oas.org/basicos/english/basic4.amer.conv.ratif.htm, last accessed Oct. 25, 2013.
[11] U.N.G.A., 69th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, para. 141, U.N. Doc. A/69/488/Add.2, Dec. 8, 2014.
[12] U.N.G.A., 69th Session, 73rd Plenary Meeting, pp. 17-18, U.N. Doc. A/69/PV.73, Dec. 18, 2014.
[13] U.N.G.A., 69th Session, Note Verbale dated 28 July 2015, U.N. Doc. A/69/993, Jul. 29, 2015.
[14] U.N.G.A., 67th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, U.N. Doc. A/67/457/Add.2 (Part II), Dec. 8, 2012.
[15] U.N.G.A., 67th Session, 60th Plenary Meeting, pp. 16-17, U.N. Doc. A/67/PV.60, Dec. 20, 2012.
[16] U.N.G.A., 67th Session, Note Verbale dated 16 April 2013, U.N. Doc. A/67/841, Apr. 23, 2013.
[17] U.N.G.A., 65th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, U.N. Doc. A/65/456/Add.2 (Part II), Dec. 8, 2010.
[18] U.N.G.A., 65th Session, 71st Plenary Meeting, pp. 18-19, U.N. Doc. A/65/PV.71, Dec. 21, 2010.
[19] U.N.G.A., 65th Session, Note Verbale dated 11 March 2011, U.N. Doc. A/65/779, Mar. 11, 2011
[20] U.N.G.A., 63rd session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, U.N. Doc. A/63/430/Add.2, Dec. 4, 2008.
[21] U.N.G.A., 63rd Session, 70th Plenary Meeting, pp. 16-17, U.N. Doc. A/63/PV.70, Dec. 18, 2008.
[22] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. A/63/716, Feb. 12, 2009.
[23] U.N.G.A., 62nd Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, pp. 3-4, U.N. Doc. A/62/439/Add.2, Dec. 5, 2007.
[24] U.N.G.A., 62nd Session, 76th Plenary Meeting, pp. 16- 17, U.N. Doc. A/62/PV.76, Dec. 18, 2007.
[25] U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. A/62/658, Feb. 2, 2008.

Death Penalty In Law

Does the country’s constitution make reference to capital punishment?

At the time of research, Thailand’s political and constitutional order is undergoing significant upheaval. The interim constitution promulgated unilaterally by the military junta in July 2014 upholds fundamental rights in vague terms, providing that “[s]ubject to the provisions of this Constitution, all human dignity, rights, liberties and equality of the people protected by the constitutional convention under a democratic regime of government with the King as the Head of State, and by international obligations bound by Thailand, shall be protected and upheld by this Constitution.” [1] The interim constitution, however, severely limits these rights by granting the National Council for Peace and Order (NCPO), which consists of the armed forces and the police, vast powers to issue any orders or undertake any actions deemed necessary “to strengthen public unity and harmony” or to suppress “any act that undermines public peace.” [2] Moreover, all such orders and acts are deemed conclusively legal and constitutional. [3] The interim constitution further provides complete immunity to members of the NCPO or any of its agents for any acts committed in relation to the coup or “before or after” that date. [4]

Prior to the May 2014 coup, Thailand’s constitutional history pointed towards the death penalty being gradually less entrenched in the legal system. The Constitution of 1997 prohibited cruel or inhumane punishments but expressly excluded the death penalty from this category. [5] The 2007 Constitution retained the prohibition on torture and punishment by cruel or inhumane means – but excluded a much vaster array of judicial punishments from this category (either “corporal punishments” or more generally “punishment under judgments of the Courts or by virtue of the law” – we were unable to ascertain which in the absence of an official English translation). [6] The elimination of language expressly authorizing capital punishment may have allowed for the eventual abolition of the death penalty. [7] However, the new language could also have broadened legislative discretion in determining which punishments are cruel and unusual. The likely effect of the altered language was that the Thai Constitution did not expressly endorse the death penalty, but rather left its status to be determined by courts and the legislature.

Does the country’s constitution make reference to international law?

At the time of our research, Thailand’s political and constitutional order is undergoing significant upheaval. The interim constitution promulgated unilaterally by the military junta in July 2014 provides that Thailand will be bound by its international obligations, “[s]ubject to the provisions of this Constitution.” [8] The interim constitution, however, goes on to grant the National Council for Peace and Order (NCPO), which consists of the armed forces and the police, vast powers to issue any orders or undertake any actions deemed necessary “to strengthen public unity and harmony” or to suppress “any act that undermines public peace.” [9] Moreover, all such orders and acts are deemed conclusively legal and constitutional within Thailand [10] - whether or not they violate Thailand’s international obligations. The interim constitution further provides complete immunity to members of the NCPO or any of its agents for any acts committed in relation to the coup or “before or after” that date. [11]

Prior to the May 2014 coup, article 82 of the 2007 Constitution stated: “The State shall promote friendly relations with other countries and adopt the principle of non-discrimination and shall comply with human rights conventions in which Thailand is a party thereto as well as international obligations concluded with other countries and international organizations.” [12]

Have there been any significant changes in the application of the death penalty over the last several years?

In recent years, executions have been rare in Thailand. [13] Although Thailand executed two prisoners in 2009, the government – at least prior to the 2014 military coup – has indicated a strong desire to stop using the death penalty in practice and move towards legal abolition. At a conference in Bangkok in October 2013, the Thai Ministry of Justice announced that it would propose legislation abolishing the death penalty and was considering ratifying the Second Optional Protocol to the ICCPR. [14] Thailand’s Second National Human Rights Action Plan (2009-2013) included, for the first time, a stated intention to abolish the death penalty. [15] The third Human Rights Action Plan (2014-2018), which is pending approval by the Cabinet, [16] outlines a concrete plan for abolition, which includes research on the required legal and constitutional changes, plans for consultation of public opinion in four regional meetings, and a subsequent debate in parliament on the death penalty. [17] Furthermore, in August 2012, a royal pardon was announced, declaring that all prisoners sentenced to death and whose cases have reached a final verdict would have their death sentences commuted to life imprisonment [18] (at least 58 death row inmates had their sentences commuted). [19]

By September 2014, the Department of Rights and Liberty Protection had completed a study on the possibility of replacing death penalty with life imprisonment. The study concluded that a majority of government agencies and local networks support the retention of capital punishment of death penalty, but that the number of people who oppose the death penalty and support its abolition has increased slightly, especially when they are provided with arguments on both sides. [20]

Other amendments in the previous decade indicate a reduced use of capital punishment. In 2003, Thailand decided to amend section 76 of its criminal code, which had previously allowed juvenile prisoners over the age of 17 to be sentenced to death. The amended law stipulated that offenders under age 18 sentenced to death or life imprisonment would have their sentences automatically commuted to 50 years’ imprisonment. [21] The law was not changed, however, until 2012. [22] In July 2012, Thailand withdrew its interpretive declarations to Article 6(5) of the International Covenant on Civil and Political Rights regarding the abolition of the death penalty for persons below the age of 18 at the time of the crime. [23] In addition, legislative amendments were enacted in 2007 in relation to the death penalty for pregnant women. [24] The amended law made life sentences the maximum penalty for women who are pregnant when they are tried, whereas previously pregnant women had their executions delayed for one year after the birth of the child. [25] The law was not changed, however, until 2012. [26]

Nevertheless, Thailand has continued to hand down new death sentences every year. Thailand handed down at least 55 new death sentences in 2014, [27] over 50 in 2013, [28] at least 106 in 2012 [29] and 40 in 2011. [30] Moreover, around half of those sentenced to death have been convicted of drug offenses [31] in violation of the ICCPR’s provision restricting capital punishment to the “most serious crimes.”

Special anti-terrorism laws apply in the country’s southernmost regions, where an armed conflict is unfolding. Numerous civil society organizations have raised concerns about the human rights abuses carried out under the Martial Law, the Emergency Decree and the Internal Security Act, including secret detentions and arbitrary arrests. The organization Union for Civil Liberty estimated in March 2014 that around 60% of death sentences in the region were issued in security-related cases. [32]

The long-term capital punishment policy of the current military government is unclear, but early signs indicate that the country is moving away from abolition prospects. There have been several initiatives to expand the scope of capital punishment. In December 2014, the Constitution Drafting Committee announced that the new constitution would retain the death penalty. [33] Moreover, recent legislative action by the National Legislative Assembly set up under military rule has expanded the scope of capital punishment. In March 2015, an amendment to the Anti-Trafficking in Persons Act of 2008 made human trafficking a capital offense if it results in the death of a trafficking victim. [34] In July 2015, the Anti-Corruption Law of 1999 was amended to extend capital punishment to foreign officials and the staff of international organizations convicted of demanding or accepting a bribe. [35] Further expansions may be contemplated: in September 2014, the National Assembly was reported to be considering a bill creating a new terrorism-related capital offense for destroying or damaging an aircraft, or committing an act in an airport which causes death or forces the closure of the airport. [36]

Until 2013, all male death row inmates were forced to wear shackles or leg chains. In May 2013, the government introduced a project to unshackle some inmates at Bangkok’s Bang Kwan Central Prison, including over 500 of the country’s death row inmates. [37] The policy of permanent shackling, however, has not been abandoned. [38]

Is there currently an official moratorium on executions within the country?

No. Two individuals were executed in August 2009. [39] Moreover, Thailand abstained from voting on the recent UN General Assembly resolutions calling for a global moratorium on executions in 2014, [40] 2012 [41] and 2010. [42]

Have there been any significant published cases concerning the death penalty in national courts?

As Thailand is civil law system, appellate court decisions are not binding on lower courts, nor is the Supreme Court of Justice bound to follow its own decisions. In practice, however, Supreme Court of Justice decisions do have considerable influence on lower courts and its own future rulings. [43]

The Thai Supreme Court has reviewed a number of death sentences, as inmates sentenced to death have a right to appeal their sentences to the Court of Appeals and the Supreme Court. [44] In fact, where no appeal is filed by the prisoner, the court itself must refer the sentence to the Court of Appeal for review. [45] However, our research has not identified any significant published cases concerning the death penalty.

In 2009, the Administrative Court ruled that the practice of shackling male death row prisoners violated domestic and international law. [46] Authorities removed the shackles on most, if not all, death row inmates in 2013. [47]

A poll conducted in 2014 across 4 regions revealed that less than half of those polled, 41.4%, supported capital punishment, while 7.8% favored abolition and the rest were undecided. The study noted that after learning more about the death penalty, fewer people supported it. [48]

Where can one locate or access judicial decisions regarding the death penalty?

Selected judicial decisions and summaries of decisions by the Constitutional Court and the Supreme Court of Justice are also available on the website of the Law Reform Council of the State: http://www.lawreform.go.th (in Thai).

The Thailand Law Forum provides English summaries of selected Supreme Court opinions from 2005-2009: http://www.thailawforum.com/supremecourtopinions.html.

What is the clemency process?

Prisoners sentenced to death can petition the King for clemency within 60 days if all other appeals have been exhausted. [49] Prisoners can petition for an Individual Royal Pardon through an official channel, such as the prison authority. The prison authority will prepare the necessary documents and then pass on the petition to the Ministry of Justice, the Office of the Prime Minister, the Office of the Privy Council, and to his Majesty the King, respectively. [50] The Department of Corrections then forwards the petition together with a recommendation to the Minister of Justice, who will propose the petition to the King. [51]

Once the petition is submitted to the King, the King can either pardon the inmate or reject his petition. If the prisoner is pardoned, he can either be released unconditionally, or have his sentence commuted or reduced, in which case the prisoner can petition again immediately for a pardon. On the other hand, if the King rejects the petition, the prisoner under sentence of death may not submit a new petition. [52] Generally, cases of multiple crimes or especially violent capital crimes are not likely to be granted clemency; clemency for life sentences is more likely to be granted to women, civil servants, young people, soldiers, and foreigners who come from countries that maintain friendly relations with Thailand. [53]

An application for a Royal Pardon operates as a stay on the death sentence and pending the King’s decision, no execution is carried out. [54]

The Cabinet may submit to the King a recommendation for a pardon to be promulgated. [55] Such is the case, for instance, for Collective Royal Pardons, which the King might issue on special occasions such as royal birthday anniversaries. For Collective Pardons, no petition is required and prisoners who are eligible receive the benefits described in the Pardon Decree. [56]

It can take from one to ten years to receive a response on a plea for a royal pardon, according to a 2011 report. [57]

Both general amnesties and royal pardons usually exclude drug offenders, leading one report to characterize drug offenders as “the most severely punished inside death row.” [58]

Are jury trials provided for defendants charged with capital offenses?

In Thailand’s criminal justice system, there is no trial by jury. A single judge pronounces the verdict for misdemeanors; two or more judges are required for more serious cases. [59]

Brief Description of Appellate Process

Prisoners sentenced to death have the right to appeal to the Court of Appeal, and then to the Supreme Court. If the prisoner does not file an appeal against the imposition of a death sentence by the Court of First Instance (or trial court), the Court of First Instance must refer the case and the sentence to the Court of Appeal for review. [60] The case will not be resolved until the Court of Appeal hands down its final decision to the Court of First Instance, either to uphold or overturn the sentence. [61] Once the Court of Appeal hands down its final decision, the Court of First Instance issues a formal Court Order handing the convicted person over to the Commander of a prison, together with a specific Execution Order. [62] The Supreme Court (San Dika) hears appeals from the Court of Appeal on questions of law and in some cases on questions of fact. [63]

In addition, an appeal can be made to the Constitutional Court, but only if there is a challenge to the Constitution. Generally, there are no appeals to the Constitutional Court for death penalty cases. [64]

When the defendant can prove the existence of new and strong evidence, a retrial is possible before the Criminal Court. However, retrials are very rare. [65]

There are no appeal procedures for prisoners sentenced to death by military courts, which can try civilians for almost all the capital offenses listed in the Criminal Code if martial law is in effect, or if offenses are committed “in conjunction with ‘communistic activities.’” [66]

Delays are long in criminal cases, averaging over 10 years from arrest to final verdict from the Supreme Court, according to one 2011 report. [67]

References

[1] Interim Constitution of the Kingdom of Thailand, sec. 4, Unofficial translation provided by ISRA News Agency, http://www.isranews.org/isranews-article/item/31533-translation.html, Jul. 22, 2014.
[2] Interim Constitution of the Kingdom of Thailand, sec. 44, Unofficial translation provided by ISRA News Agency, http://www.isranews.org/isranews-article/item/31533-translation.html, Jul. 22, 2014.
[3] Interim Constitution of the Kingdom of Thailand, sec. 44, Unofficial translation provided by ISRA News Agency, http://www.isranews.org/isranews-article/item/31533-translation.html, Jul. 22, 2014. Human Rights Watch, Thailand : Interim Constitution Provides Sweeping Powers, http://www.hrw.org/news/2014/07/24/thailand-interim-constitution-provides-sweeping-powers, Jul. 25, 2014.
[4] Interim Constitution of the Kingdom of Thailand, sec. 48, Unofficial translation provided by ISRA News Agency, http://www.isranews.org/isranews-article/item/31533-translation.html, Jul. 22, 2014. Human Rights Watch, Thailand : Interim Constitution Provides Sweeping Powers, http://www.hrw.org/news/2014/07/24/thailand-interim-constitution-provides-sweeping-powers, Jul. 25, 2014.
[5] Constitution of the Kingdom of Thailand, art. 31, 1997.
[6] Constitution of the Kingdom of Thailand, art. 32, B.E. 2550 (2007), Aug. 24, 2007, as amended through to 2011. We referred to the unofficial English translations published by the Asian Legal Information Institute (http://www.asianlii.org/th/legis/const/2007/1.html) and the Constitute Project (https://www.constituteproject.org/search#?q=thailand&cons_id=Thailand_2007), last accessed Oct. 1, 2014.
[7] Pravit Rojanaphruk and Sathien Wiriyapanpongsa, Charter Drafters Pave Way for End to Death Penalty, The Nation, http://nationmultimedia.com/2007/06/13/politics/politics_30036701.php, At the time of our research, Thailand’s constitutional order was undergoing significant upheaval. Jul. 13, 2007.
[8] Interim Constitution of the Kingdom of Thailand, sec. 4, Unofficial translation provided by ISRA News Agency, http://www.isranews.org/isranews-article/item/31533-translation.html, Jul. 22, 2014.
[9] Interim Constitution of the Kingdom of Thailand, sec. 44, Unofficial translation provided by ISRA News Agency, http://www.isranews.org/isranews-article/item/31533-translation.html, Jul. 22, 2014.
[10] Interim Constitution of the Kingdom of Thailand, sec. 44, Unofficial translation provided by ISRA News Agency, http://www.isranews.org/isranews-article/item/31533-translation.html, Jul. 22, 2014. Human Rights Watch, Thailand : Interim Constitution Provides Sweeping Powers, http://www.hrw.org/news/2014/07/24/thailand-interim-constitution-provides-sweeping-powers, Jul. 25, 2014.
[11] Interim Constitution of the Kingdom of Thailand, sec. 48, Unofficial translation provided by ISRA News Agency, http://www.isranews.org/isranews-article/item/31533-translation.html, Jul. 22, 2014. Human Rights Watch, Thailand : Interim Constitution Provides Sweeping Powers, http://www.hrw.org/news/2014/07/24/thailand-interim-constitution-provides-sweeping-powers, Jul. 25, 2014.
[12] Constitution of the Kingdom of Thailand, art. 82, B.E. 2550 (2007), Aug. 24, 2007, as amended through to 2011.
[13] FIDH, Shadow report on the situation of torture and ill-treatment of prisoners in Thailand, p. 4, http://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/THA/INT_CAT_NGO_THA_17054_E.pdf, Apr. 30, 2014.
[14] Meeting with Practicing Attorneys in Bangkok, Thailand, interviewed in person by Sandra Babcock, DPW Thailand Doc. INT-1, Oct. 21, 2013.
[15] Amnesty Intl., Thailand: Annual Report 2011, http://www.amnesty.org/en/region/thailand/report-2011, last accessed Oct. 29, 2013.
[16] Sutharee Wannasiri, affiliated with Amnesty International Thailand, DPW Doc. E-2, Email to World Coalition Against Death Penalty, Sep. 29, 2014.
[17] Permanent Mission of Thailand to the United Nations, Statement by Ms. Pitikan Sithidej before the Third Committee of the 68th session of the United Nations General Assembly, p. 2, Agenda Item No. 69: Promotion and Protection of Human Rights, https://papersmart.unmeetings.org/media2/703125/statement-by-thailand-item-69.pdf, Oct. 22, 2013. Death Penalty Thailand, http://deathpenaltythailand.blogspot.com, last accessed Nov. 6, 2013.
[18] Thailand Urged to Abolish Death Penalty, The Nation, http://www.nationmultimedia.com/breakingnews/Thailand-urged-to-abolish-death-penalty-30192008.html, Oct. 9, 2012. FIDH, Shadow report on the situation of torture and ill-treatment of prisoners in Thailand, p. 4, http://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/THA/INT_CAT_NGO_THA_17054_E.pdf, Apr. 30, 2014.
[19] Amnesty Intl., Annual Report 2013 : Thailand, http://www.amnesty.org/en/region/thailand/report-2013, last accessed Oct. 9, 2014.
[20] Sutharee Wannasiri, affiliated with Amnesty International Thailand, DPW Doc. E-2, Email to World Coalition Against Death Penalty, Sep. 29, 2014.
[21] Thailand Criminal Code, sec. 18, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[22] The Nation, Thailand Urged to Abolish Death Penalty, http://www.nationmultimedia.com/breakingnews/Thailand-urged-to-abolish-death-penalty-30192008.html, Oct. 9, 2012. Expert Roundtable Discussion on the Next Step Forward for Thailand to Limit the Use of the Death Penalty, Bangkok, DPW Doc. M-1, Oct. 22, 2013.
[23] Thailand Ministry of Foreign Affairs, Press Releases : Thailand withdraws its interpretative declarations to Article 6(5) and Article 9(3) of the International Covenant on Civil and Political Rights, http://www.mfa.go.th/main/en/media-center/14/27088-Thailand-withdraws-its-interpretative-declarations.html, Aug. 29, 2012.
[24] Thailand Law Forum, Thailand Legal News Updates: Pregnant Women Spared from Death Sentence, http://www.thailawforum.com/news/news-july-5.html, Jul. 12, 2007.
[25] Thailand Law Forum, Thailand Legal News Updates: Pregnant Women Spared from Death Sentence, http://www.thailawforum.com/news/news-july-5.html, Jul. 12, 2007.
[26] The Nation, Thailand Urged to Abolish Death Penalty, http://www.nationmultimedia.com/breakingnews/Thailand-urged-to-abolish-death-penalty-30192008.html, Oct. 9, 2012. Expert Roundtable Discussion on the Next Step Forward for Thailand to Limit the Use of the Death Penalty, Bangkok, DPW Doc. M-1, Oct. 22, 2013.
[27] Amnesty Intl., Death Sentences and Executions in 2014, p. 39, ACT 50/001/2015, Mar. 31, 2014.
[28] Amnesty Intl., Death Sentences and Executions in 2013, p. 27, ACT 50/001/2014, Mar. 26, 2014.
[29] Amnesty Intl., Death Sentences and Executions in 2012, p. 26, ACT 50/001/2013, Apr. 10, 2013.
[30] Amnesty Intl., Death Sentences and Executions in 2011, p. 27, ACT 50/001/2012, Mar. 27, 2012.
[31] Amnesty Intl., Death Sentences and Executions in 2014, p. 39, ACT 50/001/2015, Mar. 31, 2015. Amnesty Intl., Death Sentences and Executions in 2012, p. 26, ACT 50/001/2013, Apr. 10, 2013.
[32] Bangkok Post, Terrorism law spells death sentences in deep South, http://www.bangkokpost.com/news/security/400396/terrorism-law-spells-death-sentences-in-deep-south, Mar. 18, 2014. See e.g. AFP, Death sentences for Thai Muslim separatists condemned, http://www.nationmultimedia.com/national/Death-sentences-for-Thai-Muslim-separatists-condem-30248756.html, Nov. 28, 2014.
[33] Aekarach Sattaburuth, Death penalty expected to be retained, Bangkok Post, http://www.bangkokpost.com/news/general/447001/death-penalty-expected-to-be-retained, Dec. 3, 2014.
[34] Reuters, Thailand toughens trafficking law with death penalty, steep fines, http://www.reuters.com/article/2015/03/26/us-thailand-trafficking-idUSKBN0MM10V20150326, Mar. 26, 2015.
[35] Amendment No. 3 to Thailand Anti-Corruption Act of 1999, sec. 123(2), as cited in Bangokok Post, Death New Corruption Remedy, http://www.bangkokpost.com/news/general/621164/death-new-corruption-remedy, Jul. 13, 2015 ; The Guardian, New anti-corruption law in Thailand extends death penalty to foreigners, http://www.theguardian.com/world/2015/jul/15/new-anti-corruption-law-in-thailand-extends-death-penalty-to-foreigners, Jul. 15, 2015; Bangkok Post, NACC defends death penalty for graft cases, http://www.bangkokpost.com/news/politics/621376/nacc-defends-death-penalty-for-graft-cases, Jul. 14, 2015.
[36] Zee News, Thailand’s new bill proposes death for airport closure, http://zeenews.india.com/news/world/thailands-new-bill-proposes-death-for-airport-closure_1472802.html, Sep. 19, 2014.
[37] Wilawan Watcharasakwet, Inmates Walk With A Lighter Step in One Bangkok Prison, Wall Street Journal Southeast Asia, http://blogs.wsj.com/searealtime/2013/05/21/inmates-walk-with-a-lighter-step-in-one-bangkok-prison, May 21, 2013. PM to Unshackle Some Inmates on May 15, The Nation, http://www.nationmultimedia.com/national/PM-to-unshackle-some-inmates-on-May-15-30205883.html, May 11, 2013.
[38] U.N. Committee Against Torture, Concluding Observations on the Initial Report of Thailand, para. 23, U.N. Doc. CAT/C/THA/CO/1, Jun. 20, 2014.
[39] Amnesty Intl., Thailand Carries Out First Executions in Six Years, http://www.amnesty.org/en/news-and-updates/news/thailand-first-executions-six-years-20090826, Aug. 26, 2009.
[40] U.N.G.A., 69th Session, 73rd Plenary Meeting, pp. 17-18, U.N. Doc. A/69/PV.73, Dec. 18, 2014.
[41] U.N.G.A., 67th Session, 60th Plenary Meeting, pp. 16-17, U.N. Doc. A/67/PV.60, Dec. 20, 2012.
[42] U.N.G.A., 65th Session, 71st Plenary Meeting, pp. 18-19, U.N. Doc. A/65/PV.71, Dec. 21, 2010.
[43] Joe Leeds, Update: Introduction to the Legal System and Legal Research of the Kingdom of Thailand, GlobaLex, http://www.nyulawglobal.org/globalex/thailand1.htm, Apr. 2011.
[44] Thailand Criminal Procedure Code, sec. 248, B.E. 2477 (1934), as amended through to Act No. 29, B.E. 2551 (2008). Samu Times, http://www.samuitimes.com/death-sentence-former-narcotics- ker-confirmed-thai-supreme-court/, Oct. 16, 2013.
[45] Thailand Criminal Procedure Code, sec. 245, B.E. 2477 (1934), as amended through to Act No. 29, B.E. 2551 (2008).
[46] The Nation, Thailand Urged to Abolish Death Penalty, http://www.nationmultimedia.com/breakingnews/Thailand-urged-to-abolish-death-penalty-30192008.html, Oct. 9, 2012.
[47] Wilawan Watcharasakwet, Inmates Walk With A Lighter Step in One Bangkok Prison, Wall Street Journal Southeast Asia, http://blogs.wsj.com/searealtime/2013/05/21/inmates-walk-with-a-lighter-step-in-one-bangkok-prison, May 21, 2013. PM to Unshackle Some Inmates on May 15, The Nation, http://www.nationmultimedia.com/national/PM-to-unshackle-some-inmates-on-May-15-30205883.html, May 11, 2013.
[48] Bangkok Post, Country ‘not ready’ to end death penalty, http://www.bangkokpost.com/news/local/425802/country-not-ready-to-end-death-penalty, Aug. 9, 2014.
[49] Thailand Criminal Procedure Code, sec. 262, B.E. 2477 (1934), as amended through to Act No. 29, B.E. 2551 (2008).
[50] Thailand Dept. of Corrections, Royal Pardon, http://www.correct.go.th/eng/royal_pardon.html, last accessed Oct. 6, 2014.
[51] Thailand Criminal Procedure Code, sec. 261, B.E. 2477 (1934), as amended through to Act No. 29, B.E. 2551 (2008).
[52] Thailand Criminal Procedure Code, sec. 262, B.E. 2477 (1934), as amended through to Act No. 29, B.E. 2551 (2008).
[53] Amnesty Intl., When the State Kills, p. 215, Amnesty International Publications, 1989.
[54] Thailand Criminal Procedure Code, sec. 247, B.E. 2477 (1934), as amended through to Act No. 29, B.E. 2551 (2008).
[55] Thailand Criminal Procedure Code, sec. 261bis, B.E. 2477 (1934), as amended through to Act No. 29, B.E. 2551 (2008).
[56] Thailand Dept. of Corrections, Death Penalty, http://www.correct.go.th/eng/royal_pardon.html, last accessed Oct. 6, 2014.
[57] Union for Civil Liberty, Prisons in Thailand, p. 10, 2011.
[58] Union for Civil Liberty, Prisons in Thailand, p. 36, 2011.
[59] U.S. Dept. of State, 2013 Human Rights Report: Thailand, Trial Procedures, http://www.state.gov/j/drl/rls/hrrpt/2013/eap/220234.htm, Feb. 27, 2014.
[60] Thailand Criminal Procedure Code, sec. 245, B.E. 2477 (1934), as amended through to Act No. 29, B.E. 2551 (2008). Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 27, no. 411/2, Mar. 2005.
[61] Thailand Criminal Procedure Code, sec. 245, B.E. 2477 (1934), as amended through to Act No. 29, B.E. 2551 (2008).
[62] Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 27, no. 411/2, Mar. 2005.
[63] Joe Leeds, Update: Introduction to the Legal System and Legal Research of the Kingdom of Thailand, GlobaLex, http://www.nyulawglobal.org/globalex/thailand1.htm, Apr. 2011.
[64] Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 27, no. 411/2, Mar. 2005.
[65] Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 28, no. 411/2, Mar. 2005.
[66] Amnesty Intl., When the State Kills, p. 215, Amnesty International Publications, 1989.
[67] Union for Civil Liberty, Prisons in Thailand, p. 10, 2011.

Death Penalty In Practice

Where Are Death-Sentenced Prisoners incarcerated?

All the male prisoners on death row are detained in Bang Kwang Prison in Bangkok (the two prisoners who were executed most recently in August 2009 were also incarcerated there). [1] Death row inmates in Bang Kwang are not permitted any contact with non death-row prisoners. [2]

Women under sentence of death are held with other women prisoners. Many are at the Central Women Correctional Institution, which is located in Bangkok. [3]

Description of Prison Conditions

Prison conditions generally in Thailand are harsh and overcrowded.

Overcrowding is a major problem for both the Bang Kwang Prison and the Central Women Correctional Institution, institutions that typically house death row inmates. Both are filled to about twice their capacity. Bang Kwang Prison’s population has tripled in the past decade. There are at least 7,000 men packed into prison, despite the fact that the prison was built to hold half that number. In some prisons, up to 200 people share a cell with barely enough room for the men to lay side-by-side as they sleep. [4] Prisoners are forced to spend 15 hours a day in their cells. [5] The maximum outdoor time is 5 hours a day. [6] Lights are kept on all 24 hours of the day. [7]

Prisoners beatings by other prisoners are common, and are sometimes instigated by prison guards. Recent reports have surfaced of night-time beatings carried out by prison outsiders, in part as a result of the prison population vastly outnumbering prison staff. [8]

Medical care is inadequate as a result of insufficient resources and staffing. Sick prisoners must wait for a week to see a doctor and are usually provided with basic painkillers after a cursory examination. The cost of more specific medication must be covered by the prisoner. While there are devoted prison doctors, most medical staff are fellow prisoners trained by doctors, and reports have emerged of infections developing as a result of improper post-surgery care. Psychiatric care is limited to periodic injections of a drug which induces temporary immobilization. There is no medical care available at night or on weekends. Several cases have been recorded in which prisoners died as a result of inadequate or delayed medical attention. [9]

Death row inmates are reportedly allowed two visits per week, of a duration of 45 minutes each. [10] Visitors are separated from death-sentenced prisoners by 1 meter/3 feet, a glass window and wire mesh. Visits may at certain periods be restricted to relatives. [11]

Conditions are reportedly better in women’s prisons, in large part because the prisoners themselves manage and implement the prison’s maintenance and cleaning. [12] However, female prisoners are especially subject to overcrowding, with less than 1 square meter of (floor) sleeping space per woman in some dormitories. One organization reports that if a woman gets up in the night to use the bathroom, she will lose her sleeping place on the floor and will have to stand up for the rest of the night. [13] These close quarters lead to prisoner conflicts, and if fighting breaks out, prison authorities punish all prisoners by switching off the ceiling fans which are already insufficient to regulate the heat. [14] There is a limited amount of water available for personal bathing and insufficient number of toilets, sometimes resulting in 30-minute wait times. [15] Restrictions of female prisoners are also reportedly stricter than for male prisoners. [16] The quality of food, however, has reportedly improved over the last decade, although vegetables are almost rotten when they are served. [17] Solitary confinement has been discontinued as a punishment since a foreign inmate’s suicide in the mid-2000’s. [18]

In May 2012, the government introduced a new restrictive policy entitled the “White Prison Policy,” which significantly worsens prison conditions. Under the policy, which is aimed at limiting the smuggling of contraband, visitors are banned from bringing food, clothes or other items for prisoners. The two daily meals provided by the prison consist of rice and soup. [19] Prisoners are allowed to meet visitors once a day for 45 minutes, up to two visits a week, while visitors can only seen one inmate per day. Inmate workshops were cancelled and prisoners can no longer work. Access to help in case of medical emergencies or fire is limited. Injections are no longer allowed within Bang Kwan prison and medication is limited to oral medicine. [20] Civil society organizations have criticized this policy. It prevents charitable organizations from providing prisoners with much-needed medicines and sanitary products, and by depriving prison inmates of communication with and monitoring by the outside world, it exposes them to an increased risk of abuse. [21]

Prison conditions on death row are particularly difficult. Thailand has had a policy of permanently shackling male death row inmates (and long-term prisoners) with welded shackles. [22] In May 2013, the government introduced a project to unshackle some prisoners and over 500 death row inmates at Bangkok’s Bang Kwan Central Prison were unshackled. [23] The practice, however, has not been discontinued in all cases. [24] Moreover, no advance warning is given for executions, and death row inmates can spend up to ten years waiting for a possible execution. For the last executions in 2009, the prison governor was given two hours’ notice of the execution, and the prisoners themselves found out one hour beforehand. [25] Death row prisoners are reported not to be allowed to attend religious services open to other prisoners. [26]

Since the 2009 executions, a “life insurance” bribe has reportedly been paid by some death row inmates to prison officials in Bang Kwang in order to be kept off the top of the list of prisoners who are to be executed next. [27]

Are there any known foreign nationals currently under sentence of death?

Yes. [28]

What are the nationalities of the known foreign nationals on death row?

As of July 2014, there were 22 foreign nationals on death row. [29] Reports indicate that there are nationals from Israel, Japan, China, Ghana, Myanmar, Nigeria, Singapore, Myanmar, Laos, China, Nigeria, Taiwan, and Cambodia on death row in Thailand. [30]

Are there any known women currently under sentence of death?

As of January 31, 2015, there were 52 women under sentence of death. Nineteen of these were convicted for drug-related offenses. [31] There have reportedly been three executions of women in Thailand for the period for which records are available. [32]

Are there any reports of individuals currently under sentence of death who may have been under the age of 18 at the time the crime was committed?

We found no reports indicating that any individuals under the age of 18 at the time of the crime are currently under sentence of death. This is consistent with the legal prohibition on executing juveniles. [33]

Comments regarding the racial/ethnic composition on death row

We did not find any information on the racial or ethnic composition of death row in Thailand. Most death-sentenced prisoners, however, are reportedly poor and uneducated. [34]

Are there lawyers available for indigent defendants facing capital trials?

There is a constitutional right to be represented by a lawyer in criminal cases. [35] The Code of Criminal Procedure provides that the court is required to appoint an attorney to be paid at public expense to minors and capital defendants. [36]

Nevertheless, in practice, there is no comprehensive government legal aid system. Indigent defendants reportedly are not automatically provided with an attorney upon their arrest, especially in small or remote provinces, and police interrogations are often conducted without providing access to a lawyer. [37] Moreover, the fees paid to court-appointed lawyers are often low. [38] As a result, some legal aid lawyers reportedly pressure their clients into paying additional fees, and state legal aid does not seem to cover such items as attorney travel expenses [39] – limiting access to legal representation for the indigent. Most free legal aid is provided by various non-profit and private organizations, such as the Thai Women Lawyers Association and the Lawyers’ Council of Thailand (LCT). [40]

Are there lawyers available for indigent prisoners on appeal?

Unclear. While it is not clear that lawyers are available for indigent prisoners on appeal, the law requires that all prisoners on death row appeal their cases [41] and all prisoners who cannot afford legal aid are also legally guaranteed a court-appointed lawyer at the state’s expense. [42] This seems to indicate that indigent prisoners who are sentenced to death are eligible for a state-appointed lawyer while they are on appeal. However, we were unable to confirm that this right is implemented in practice, and it is likely that death row inmates on appeal suffer from the same legal aid deficiencies as capital defendants on trial. At least one report notes that some legal aid lawyers do not attend their clients’ appeal trial and that in practice many appellate and clemency petitions are drafted by fellow prisoners. [43]

Comments on Quality of Legal Representation

The Court appoints lawyers who are selected from a list of those registered with the Courts. Most of these lawyers are junior lawyers who lack experience, and thus are not always able to provide high-quality counsel for their indigent clients. Moreover, court-appointed lawyers are not always given sufficient time to investigate or prepare cases. [44] In general, most of the legal aid for the indigent accused is provided on an ad-hoc basis by various NGOs and some government agencies, namely the Law Society of Thailand and the Thai Women Lawyers Association. [45] However, due to the insufficient resources of both the government and civil society, the quality of legal representation provided by court-appointed and other legal aid lawyers tends to be poor or in some cases, non-existent. One report observes that the fee paid to legal aid lawyers for representing a client at a court hearing may be roughly equal to the taxi fare to the court building. [46] In addition, police often conducted interrogations without providing access to an attorney. Some lawyers have stated that they were denied access to imprisoned clients. [47]

Other Comments on Criminal Justice System

A 2005 report indicated that Thailand has a plea-bargaining problem due to the poor quality of legal aid coupled with the fact that the death penalty is mandatory in the absence of mitigating factors. If a prisoner’s lawyer does not present all the possible mitigating factors to the court, the accused is forced to confess and attempt to negotiate the sentence down, even if the accused is not actually guilty of the crime. [48]

In addition, while the judiciary is generally regarded as independent, it can in some cases be influenced by outside actors and exposed to corruption. [49] One report alleges that corruption is present “at every stage during the judicial process, from the arrest to the verdict” and continues within prisons. [50]

Since the 2014 military coup, there have been a growing number of allegations of warrantless arrests, secret military detention and torture of government critics, including civilians. [51] The military government’s interim constitution, unlike the previous constitution of 2007, does not explicitly ban torture, an argument which government lawyers are reportedly using to contest torture claims. [52]

References

[1] King-oua Laohong, Drug Dealers Put to Death, Bangkok Post, http://www.bangkokpost.com/news/local/22629/drug-dealers-put-to-death, Aug. 25, 2009. Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 32, no. 411/2, Mar. 2005.
[2] Union for Civil Liberty, Prisons in Thailand, p. 19, 2011.
[3] Intl. Federation for Human Rights, The Death Penalty in Thailand, pp. 31-32, no. 411/2, Mar. 2005. Union for Civil Liberty, Prisons in Thailand, p. 51, 2011.
[4] U.S. Dept. of State, 2012 Human Rights Report: Thailand, Prison and Detention Center Conditions, http://www.state.gov/j/drl/rls/hrrpt/2012/eap/204241.htm, Apr. 19, 2013.
[5] Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 32, no. 411/2, Mar. 2005.
[6] Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 32, no. 411/2, Mar. 2005.
[7] Death Penalty Thailand, Bang Kwang Improves, http://deathpenaltythailand.blogspot.com/2009/07/bang-kwang-improves.htmllast accessed, Nov. 7, 2013.
[8] FIDH, Shadow report on the situation of torture and ill-treatment of prisoners in Thailand, pp. 3-4, http://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/THA/INT_CAT_NGO_THA_17054_E.pdf, Apr. 30, 2014. Ezra Kyrill, Is ‘White Prison’ making Bang Khwang a darker place?, Bangkok Post, http://www.thaiprisonlife.com/news/is-white-prison-making-bang-khwang-a-darker-place, Mar. 17, 2013.
[9] FIDH, Shadow report on the situation of torture and ill-treatment of prisoners in Thailand, p. 5, http://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/THA/INT_CAT_NGO_THA_17054_E.pdf, Apr. 30, 2014. Ezra Kyrill, Is ‘White Prison’ making Bang Khwang a darker place?, Bangkok Post, http://www.thaiprisonlife.com/news/is-white-prison-making-bang-khwang-a-darker-place, Mar. 17, 2013.
[10] Union for Civil Liberty, Prisons in Thailand, p. 20, 2011.
[11] Union for Civil Liberty, Prisons in Thailand, p. 48, 2011.
[12] U.S. Dept. of State, 2012 Human Rights Report: Thailand, Prison and Detention Center Conditions, http://www.state.gov/j/drl/rls/hrrpt/2012/eap/204241.htm, Apr. 19, 2013.
[13] Vaudine England, Prisoners in Thailand Kept ‘Shackled and Cramped,’ BBC, http://www.bbc.co.uk/news/world-asia-pacific-13598193, May 31, 2011.
[14] Union for Civil Liberty, Prisons in Thailand, p. 51, 2011.
[15] Union for Civil Liberty, Prisons in Thailand, p. 51, 2011.
[16] FIDH, Shadow report on the situation of torture and ill-treatment of prisoners in Thailand, p. 4, http://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/THA/INT_CAT_NGO_THA_17054_E.pdf, Apr. 30, 2014. Ezra Kyrill, Is ‘White Prison’ making Bang Khwang a darker place?, Bangkok Post, http://www.thaiprisonlife.com/news/is-white-prison-making-bang-khwang-a-darker-place, Mar. 17, 2013.
[17] Union for Civil Liberty, Prisons in Thailand, p. 51, 2011.
[18] Union for Civil Liberty, Prisons in Thailand, p. 52, 2011.
[19] Union for Civil Liberty, Prisons in Thailand, p. 20, 2011.
[20] FIDH, Shadow report on the situation of torture and ill-treatment of prisoners in Thailand, p. 2, http://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/THA/INT_CAT_NGO_THA_17054_E.pdf, Apr. 30, 2014. Ezra Kyrill, Is ‘White Prison’ making Bang Khwang a darker place?, Bangkok Post, http://www.thaiprisonlife.com/news/is-white-prison-making-bang-khwang-a-darker-place, Mar. 17, 2013.
[21] FIDH, Shadow report on the situation of torture and ill-treatment of prisoners in Thailand, p. 2, http://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/THA/INT_CAT_NGO_THA_17054_E.pdf, Apr. 30, 2014. Ezra Kyrill, Is ‘White Prison’ making Bang Khwang a darker place?, Bangkok Post, http://www.thaiprisonlife.com/news/is-white-prison-making-bang-khwang-a-darker-place, Mar. 17, 2013.
[22] U.N. Committee Against Torture, Concluding Observations on the Initial Report of Thailand, para. 23, U.N. Doc. CAT/C/THA/CO/1, Jun. 20, 2014. Vaudine England, Prisoners in Thailand Kept ‘Shackled and Cramped,’ BBC, http://www.bbc.co.uk/news/world-asia-pacific-13598193, May 31, 2011.
[23] Wilawan Watcharasakwet, Inmates Walk With A Lighter Step in One Bangkok Prison, Wall Street Journal Southeast Asia, http://blogs.wsj.com/searealtime/2013/05/21/inmates-walk-with-a-lighter-step-in-one-bangkok-prison, May 21, 2013. PM to Unshackle Some Inmates on May 15, The Nation, http://www.nationmultimedia.com/national/PM-to-unshackle-some-inmates-on-May-15-30205883.html, May 11, 2013.
[24] U.N. Committee Against Torture, Concluding Observations on the Initial Report of Thailand, para. 23, U.N. Doc. CAT/C/THA/CO/1, Jun. 20, 2014.
[25] FIDH, Shadow report on the situation of torture and ill-treatment of prisoners in Thailand, p. 4, http://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/THA/INT_CAT_NGO_THA_17054_E.pdf, Apr. 30, 2014.
[26] Union for Civil Liberty, Prisons in Thailand, p. 30, 2011.
[27] Union for Civil Liberty, Prisons in Thailand, p. 30, 2011.
[28] Sutharee Wannasiri, affiliated with Amnesty International Thailand, DPW Doc. E-2, Email to World Coalition Against Death Penalty, Sep. 29, 2014.
[29] Sutharee Wannasiri, affiliated with Amnesty International Thailand, DPW Doc. E-2, Email to World Coalition Against Death Penalty, Sep. 29, 2014.
[30] Mark Warren, Foreigners Under Sentence of Death Worldwide, http://users.xplornet.com/~mwarren/world.html, Jan. 19, 2013.
[31] Danthong Breen, affiliated with the Union for Civil Liberty, DPW Doc. E-3, Email to Death Penalty Worldwide, Mar. 26, 2015.
[32] FIDH, Shadow report on the situation of torture and ill-treatment of prisoners in Thailand, p. 4, http://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/THA/INT_CAT_NGO_THA_17054_E.pdf, Apr. 30, 2014.
[33] Thailand Criminal Code, sec. 18, B.E. 2499 (1956), as amended through to Criminal Code No. 17, B.E. 2547 (2003).
[34] Union for Civil Liberty, Prisons in Thailand, p. 34, 2011.
[35] Constitution of the Kingdom of Thailand, art. 40(7), B.E. 2550 (2007), Aug. 24, 2007, as amended through to 2011.
[36] Thailand Criminal Procedure Code, sec. 173, B.E. 2477 (1934), as amended through to Act No. 29, B.E. 2551 (2008).
[37] U.S. Dept. of State, 2013 Human Rights Report: Thailand, Arrest Procedures and Treatment of Detainees, http://www.state.gov/j/drl/rls/hrrpt/2013/eap/220234.htm, Feb. 27, 2014.
[38] U.S. Dept. of State, 2013 Human Rights Report: Thailand, Arrest Procedures and Treatment of Detainees, http://www.state.gov/j/drl/rls/hrrpt/2013/eap/220234.htm, Feb. 27, 2014.
[39] U.S. Dept. of State, 2013 Human Rights Report: Thailand, Arrest Procedures and Treatment of Detainees, http://www.state.gov/j/drl/rls/hrrpt/2013/eap/220234.htm, Feb. 27, 2014.
[40] U.S. Dept. of State, 2012 Human Rights Report: Thailand, http://www.state.gov/j/drl/rls/hrrpt/2012/eap/204241.htm, Apr. 19, 2013.
[41] Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 26, no. 411/2, Mar. 2005.
[42] U.S. Dept. of State, 2012 Human Rights Report: Thailand, http://www.state.gov/j/drl/rls/hrrpt/2012/eap/204241.htm, Apr. 19, 2013.
[43] Union for Civil Liberty, Prisons in Thailand, p. 35, 2011.
[44] Intl. Federation for Human Rights, The Death Penalty in Thailand, pp. 24-25, no. 411/2, Mar. 2005.
[45] Intl. Federation for Human Rights, The Death Penalty in Thailand, pp. 24-25, no. 411/2, Mar. 2005.
[46] Union for Civil Liberty, Prisons in Thailand, p. 35, 2011.
[47] U.S. Dept. of State, 2012 Human Rights Report: Thailand, http://www.state.gov/j/drl/rls/hrrpt/2012/eap/204241.htm, Apr. 19, 2013.
[48] Intl. Federation for Human Rights, The Death Penalty in Thailand, p. 24, no. 411/2, Mar. 2005.
[49] U.S. Dept. of State, 2013 Human Rights Report: Thailand, http://www.state.gov/j/drl/rls/hrrpt/2013/eap/220234.htm, Feb. 27, 2014.
[50] Union for Civil Liberty, Prisons in Thailand, p. 34, 2011.
[51] See e.g. Human Rights Watch, Thailand : End Secret Military Detention, https://www.hrw.org/news/2015/03/17/thailand-end-secret-military-detention, Mar. 17, 2015. Human Rights Watch, Thailand : Investigate Alleged Torture in Military Custody, https://www.hrw.org/news/2015/03/18/thailand-investigate-alleged-torture-military-custody, Mar. 18, 2015. Human Rights Watch, Thailand : End Military Detention of Civilians, https://www.hrw.org/news/2015/02/13/thailand-end-military-detention-civilians, Feb. 13, 2015.
[52] Stephen Steele, Revision needed to Thai law on torture, activists say, UCA News, http://www.ucanews.com/news/revision-needed-to-thai-law-on-torture-activists-say/72160, Oct. 13, 2014.

Decisions of International Human Rights Bodies

Decisions of Human Rights Committee

The UN Human Rights Committee last considered Thailand’s report on the implementation of the provisions of the ICCPR in 2005. In its Concluding Observations, the Committee noted with concern that death penalty applied to drug trafficking, which does not comply with the “most serious crimes” standard. It also regretted that although Thailand had amended its criminal laws to prohibit the execution of juveniles, it still had not withdrawn its reservation to art. 6 (5) of the ICCPR [1] (Thailand has since withdrawn this reservation. [2] )

During the hearing held to consider Thailand’s report, Committee experts raised questions on the offenses for which capital punishment was mandatory, the theoretical possibility of sentencing minors to death and the practice of shackling inmates on death row. [3]

Thailand responded that even for the offenses for which death was the only listed punishment (certain aggravated murders), the court had the discretion to impose a lighter sentence. The delegation noted that Thai courts could also take the ICCPR into consideration when sentencing a juvenile. It added that death row inmate shackling would continue until the Department of Corrections “could improve prison conditions.” (Thailand unshackled a large number of death row inmates in 2013.) [4] Finally, the Thai government noted that most death row inmates were not executed and that the appeals process took on average four years (two years to appeal to the Court of Appeal and two years to appeal to the Supreme Court.) [5]

Decisions of Other Human Rights Bodies

In June 2014, the U.N. Committee Against Torture noted that Thailand had reduced its use of shackles but had not ceased the practice of permanently shackling death row inmates. It also deplored the lack of safeguards and monitoring on the use of restraining devices. It recommended that Thailand ensure that the use of shackles be avoided or applied under strict medical supervision, with every such act being recorded. It also recommended that Thailand end the permanent shackling of death row prisoners. [6]

At Thailand’s 2011 Universal Periodic Review, the Human Rights Council recommended that Thailand commute death sentences and establish a moratorium on executions, with the goal of abolishing the death penalty. [7] Thailand responded that it was currently reviewing the possibility of abolition in consultation with the public and relevant stakeholders, and could not accept any recommendations related to capital punishment pending the completion of this process. [8]

In 2007, the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions noted that Thailand has failed to respond affirmatively to requests for a visit. He also expressed his concern that Thailand continues to impose the death penalty for drug-related offenses. [9]

In 2003, the Commission on Human Rights adopted, by a roll-call vote, a resolution which called upon states to increasingly restrict the number of offenses for which the death penalty could be imposed, to establish a moratorium on executions immediately, and to abolish the death penalty in the long-run. Thailand’s delegate responded that the death penalty did not violate international human rights norms because there was no international consensus that the death penalty must be abolished; however, safeguards were appropriate to ensure that application of the death penalty abides by international norms. [10]

References

[1] U.N.G.A. Human Rights Committee, Consideration of Reports Submitted by States Parties under Article 40 of the Covenant: Concluding observations of the Human Rights Committee: Thailand, para. 14, U.N. Doc. CCPR/CO/84/THA, Jul. 8, 2005.
[2] Thailand Ministry of Foreign Affairs, Press Releases : Thailand withdraws its interpretative declarations to Article 6(5) and Article 9(3) of the International Covenant on Civil and Political Rights, http://www.mfa.go.th/main/en/media-center/14/27088-Thailand-withdraws-its-interpretative-declarations.html, Aug. 29, 2012.
[3] U.N. Office of the High Commissioner for Human Rights, Press Release : Commission on Human Rights Considers Report of Thailand, http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=1803&LangID=E, Jul. 20, 2005.
[4] PM to Unshackle Some Inmates on May 15, The Nation, http://www.nationmultimedia.com/national/PM-to-unshackle-some-inmates-on-May-15-30205883.html, May 11, 2013.
[5] U.N. Office of the High Commissioner for Human Rights, Press Release : Commission on Human Rights Considers Report of Thailand, http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=1803&LangID=E, Jul. 20, 2005.
[6] U.N. Committee Against Torture, Concluding Observations on the Initial Report of Thailand, para. 23, U.N. Doc. CAT/C/THA/CO/1, Jun. 20, 2014.
[7] U.N.G.A. Human Rights Council, Report of the Working Group on the Universal Periodic Review, The Kingdom of Thailand, paras. 89.27-89.35, U.N. Doc. A/HRC/19/8, Dec. 4, 2010.
[8] U.N.G.A. Human Rights Council, Report of the Working Group on the Universal Periodic Review, Thailand, Addendum, U.N. Doc. A/HRC/19/8/Add.1, Mar. 6, 2012.
[9] U.N.G.A., Human Rights Council, Report of the Special Rapporteur On Extrajudicial, Summary, or Arbitrary Executions, para. 29, U.N. Doc. A/HRC/14/24, May 20, 2010. U.N.G.A., Human Rights Council, Report of the Special Rapporteur On Extrajudicial, Summary, or Arbitrary Executions, p. 24, n. 57, U.N. Doc. A/HRC/4/20, Jan. 29, 2007.
[10] U.N. Commn. on Human Rights, Commission on Human Rights Approves Measures on Promotion and Protection of Human Rights, Other Issues, http://www.unhchr.ch/huricane/huricane.nsf/view01/4C24CE534B31644BC1256D1300257B62?opendocument, Apr. 24, 2003.

Additional Sources and Contacts

Direct member(s) of World Coalition Against the Death Penalty

None.

Other non-governmental organizations and individuals engaged in advocacy surrounding the death penalty

Union for Civil Liberty
Mr. Danthong Breen, President
109 Suthisarnwinichai Road
Samsennok Huaykwang
TH-10310 Bangkok, Thailand
Tel: (66 44) 613 284
danthong.breen@laposte.net
www.fidh.org/-THAILAND-UNION-FOR-CIVIL-LIBERTY-UCL-

Amnesty International Thailand
90/24, Ladprao Soi 1
Jomphol, Chatuchak,
Bangkok 10900, Thailand
Tel: +66 2 513-8745
Fax: +66 2 939-2534
info@amnesty.or.th
https://www.amnesty.or.th

Thailand Institute of Justice
The Government Complex
Ratthaprasasanabhakti Building
Parking House, 5th Floor,
Chaeng Wattana Road, Lak Si,
Bangkok 10210 Thailand
Tel: +662 142 3669
www.tijthailand.org/main/en/home

Asian Human Rights Commission
19/F, Go-Up Commercial Building,
998 Canton Road, Kowloon
Hong Kong, China
www.ahrchk.net

Death Penalty Thailand Blog
deathpenaltythailand.blogspot.com

Helpful Reports and Publications

Intl. Federation for Human Rights, The Death Penalty in Thailand, http://www.fidh.org/IMG/pdf/Thailand411-2.pdf, No. 411/2, Mar. 2005.

Union for Civil Liberty, Roads to Death: 4 Case Studies leading to Capital Punishment in Thai Criminal Justice, February 2007.

Union for Civil Liberty, Prisons in Thailand, 2011.

Additional notes regarding this country

None.

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