The Protections Needed for Civil Rights and Liberties in the Use of Drones by Thai Government Officials

Abstract

               The right to life, the right to security, the right not to be tortured or treated in an inhuman or degrading way, the right to privacy, and the right to liberty, all of which may be affected by the use of drones by Thai government officials, are protected by the International Covenant on Civil and Political Rights, the Constitution of the Kingdom of Thailand (B.E.2560), and the Thai Criminal Procedure Code. The right to property also affected by drone use is protected by the Constitution of the Kingdom of Thailand (B.E.2560), the Thai Criminal Procedure Code, and the Thai Criminal Code. Nonetheless, the authority of the use of drones by Thai government officials is not clearly written in the sections of the Thai Criminal Procedure Code related to the authority to arrest without a warrant in emergency circumstances as well as the authority to search private premises without a warrant in emergency circumstances. Moreover, the traditional interpretation of the act of such an arrest, according to the Thai Criminal Procedure Code, does not apply to the use of drones to arrest without a warrant. Furthermore, the traditional interpretation of the act of trespass, according to the Thai Criminal Code, does not apply to the unauthorized use of drones to search private premises. The issues above may lead to practical problems related to the protections for some rights and liberties above in the future. Therefore, this paper will recommend that

1. 
   
   1. the authority to use drones to arrest without a warrant or search private premises without a warrant should be added to section 78 and section 92 of the Thai Criminal Procedure Code respectively; and
   
   
   2. an offence of trespass by the unauthorized use of drones to search private premises by Thai government officials should be added to the Thai Criminal Code.