PROBLEM OF HEARING CONFESSION OF SUSPECT UNDER SPECIAL SECURITY LAWS IN THE AREA OF 3 SOUTHERN BORDER PROVINCES

Abstract

The objectives of this research article were to 1) analyze the problem of hearing an interrogated person’s confession under the special security law and 2) propose a guideline for ensuring the special security law concerning confessions of interrogated person meets the international principles. This study adopted the qualitative research approach with the analysis of documents including the Emergency Decree on Public Administration in States of Emergency, B.E. 2548 (2005), the Martial Law Act, B.E.2457 (1914), the Internal Security Act B.E. 2551 (2008) and related studies. The research also adopted the field study method with the in - depth interviews of people involved in the use of special security laws. With the purposive sampling method, the sample group included security investigation officers, public prosecutors, judges and soldiers in the three southernmost provinces, namely Pattani, Yala and Narathiwat and legal scholars total 13 persons. The study results were found as follows. 1) A confession of the arrested person during the arrest stage according to the Criminal Procedure Code, Section 84, the last paragraph failed to comply with the international principles of hearing witness. A complete omission of confession without any legal exception meant Thai law was extremely rigorous. It resulted in limited evidence to prove the facts in these security - related offenses. As a result, there was insufficient evidence to punish offenders in security-related offenses. 2) Section 84, the last paragraph should be repealed. If not repealed, the text in the provision prohibiting the hearing of the arrested person’s confession as evidence should be amended and a legal exception should be added to allow the court to use its discretion.