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Integrity Scorecard

2007 Assessment

Thailand: Integrity Indicators Scorecard

Thailand: Integrity Scorecard Report > Sub-Category: Rule of Law
Indicators		Score
74	Is there an appeals mechanism for challenging criminal judgments?	50
75	In practice, do judgments in the criminal system follow written law?	75
76	In practice, are judicial decisions enforced by the state?	75
77	Is the judiciary able to act independently?	63
78	Are judges safe when adjudicating corruption cases?	100
79	Do citizens have equal access to the justice system?	64

Indicator and sub-Indicator Details

Is there an appeals mechanism for challenging criminal judgments?

74a: In law, there is a general right of appeal.

Score:

YES

Comments:

References: [ LINK ] [ LINK ]

74b: In practice, appeals are resolved within a reasonable time period.

Score:

100

Comments: Appeals are resolved in 10-15 years for criminal cases and 5-10 years for civil cases.

References: Telephone interview with Kirkrith Choapannanont, law consultant, Aug. 24, 2007 Telephone interview with Naichon Tatong, attorney, Professional Alliance Legal Advisory Ltd., Aug. 27, 2007

74c: In practice, citizens can use the appeals mechanism at a reasonable cost.

Score:

100

Comments: Most of expenses involve hiring an attorney. 20,000 baht ($US600) is the lowest rate for filing an appeal.

References: Telephone interview with Kirkrith Choapannanont, Law Concultant, Aug. 24, 2007 Telephone interview with Naichon Tatong, attorney, Professional Alliance Legal Advisory Ltd., Aug. 27, 2007

Peer Review Comments: If it takes 10 years to process a normal case, or 20k baht for expedited service. This is hardly a reasonable cost.

In practice, do judgments in the criminal system follow written law?

75: In practice, do judgments in the criminal system follow written law?

Score:

100

Comments: Judges have discretionary power to determine the sentence.

In practice, are judicial decisions enforced by the state?

76: In practice, are judicial decisions enforced by the state?

Score:

100

Comments: The principle of judicial decisions is to maintain the peace and harmony of the state.

References: Telephone interview with Kirkrith Choapannanont, law consultant, Aug. 24, 2007

Peer Review Comments: Much data suggests the rule of law is less rosy than the informants portray

Is the judiciary able to act independently?

77a: In law, the independence of the judiciary is guaranteed.

Score:

YES

Comments:

References: The Thai Provisional Constitution of 2006, Section 18

77b: In practice, national-level judges are protected from political interference.

Score:

100

Comments: Personal relationships, such as those with old friends and relatives, matter a lot.

References: Telephone interview with Kirkrith Choapannanont, law consultant, Aug. 24, 2007

Peer Review Comments: Additional comments about whether judges are influenced by political connections would be welcome.

77c: In law, there is a transparent and objective system for distributing cases to national-level judges.

Score:

YES

Comments:

References: Thai Constitution 1997, according the Thai Provisional Constitution of 2006.

77d: In law, national-level judges are protected from removal without relevant justification.

Score:

YES

Comments: Transfers of judges are an internal matter decided by the judges' personnel body.

References: Telephone interview with Kirkrith Choapannanont, law consultant, Aug. 24, 2007

Are judges safe when adjudicating corruption cases?

78a: In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases.

Score:

YES

Comments:

References: Telephone interview with Kirkrith Choapannanont, law consultant, Aug. 24, 2007

78b: In practice, in the last year, no judges have been killed because of adjudicating corruption cases.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of judges being killed related to their involvement in a corruption case during the study period. YES is a positive score. NO: A NO score is earned if there were any documented cases where a judge was killed because of his/her participation in a corruption trial. The relationship between a mysterious death and a judge\'s involvement in a case may not be clear, however the burden of proof here is low. If it is a reasonable assumption that a judge was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Telephone interview with Kirkrith Choapannanont, law consultant, Aug. 24, 2007

Do citizens have equal access to the justice system?

79a: In practice, judicial decisions are not affected by racial or ethnic bias.

Score:

100

Comments:

References: Telephone interview with Kirkrith Choapannanont, Law consultant, Aug. 24, 2007

Peer Review Comments: The evidence cited about time required for trial and payments constitutes prima facia evidence of discrimination in the judicial system. I know such discrimination exists.

79b: In practice, women have full access to the judicial system.

Score:

100

Comments: There are some provisions that are gender-biased. There are several things for which a married woman must ask permission from her husband such as filing a law suit in criminal cases.

Though several legal revisions were made such as specifying that "it is not necessary for the wife to ask permission from the husband," the language used is still gender-biased.

References: Telephone interview with Kirkrith Choapannanont, law consultant, Aug. 24, 2007

79c: In law, the state provides legal counsel for defendants in criminal cases who cannot afford it.

Score:

YES

Comments:

References: The Penal Code, Section 173

79d: In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it.

Score:

100

Comments: There is a system of volunteer judges.

References: Telephone interview with Kirkrith Choapannanont, Law consultant, Aug. 24, 2007

Peer Review Comments: Aid to poor defendants is severely lacking.

Peer Review Comments: Much anecdotal evidence suggests the quality of this representation leaves much to be desired and is certainly of a lower quality than is a paid defense.

Peer Review Comments: An additional comment is needed about whether state provides lawyers for those unable to afford them.

79e: In practice, citizens earning the median yearly income can afford to bring a legal suit.

Score:

100

Comments: The major costs are hiring an attorney. The fees charged by an attorney varies from millions baht to free (in cases of free legal services provided by the court).

References: Telephone interview with Naichon Tatong, attorney, Professional Alliance Legal Advisory Ltd., Aug. 27, 2007

Peer Review Comments: Thailand does not rank highly on the ratings of rule of law. If the median income is 9,200 USD, and the cost of justice is--as suggested in a previous question's response--so high, I find the claim that most people can afford legal representation to be unconvincing .

79f: In practice, a typical small retail business can afford to bring a legal suit.

Score:

100

Comments: Especially in a civil case.

References: Telephone interview with Kirkrith Choapannanont, law consultant, Aug. 24, 2007

79g: In practice, all citizens have access to a court of law, regardless of geographic location.

Score:

100

Comments:

References: Telephone interview with Kirkrith Choapannanont, law consultant, Aug. 26, 2007