Measures to Control and Review Criminal Proceedings Against Officials Regarding Extrajudicial Executions

Main Article Content

Rapeephat Srisilarak
Thirawat Chuntuk
Phitak Siriwong

Abstract

Extrajudicial killings are deemed to be an act of law enforcement that police officers apply to arrest the alleged offender to maintain peace and security in the civil society, civil life and civil property. However, the extrajudicial killings may result from the excessive use of lethal force by the police and might affect the rights of the accused or the victim. It also has the inflicting effect against some legal provisions. Therefore, there should be a legal procedure to examine alleged extrajudicial killings as well as a procedure detecting human rights-related problems of effected citizen. Measures to control and review criminal proceedings against officials regarding extrajudicial executions still encounter several problems. Such problems arise from administration process, the check and balance system and fragmented nature of law enforcement in different organizations. Moreover, the process of check and balance system was found inappropriate and incomprehensive. Therefore, the researcher would suggest measures to control and review criminal proceedings against officials regarding extrajudicial executions, and also to protect civil rights. There should be five suitable steps in such procedure as follows are (1) Investigation process of the polices act of extrajudicial killings (2) Investigation process finding facts about extrajudicial Killings (3) Autopsy (4) Police Investigation and (5) A fair trial in the court It is clear that if there is the development in terms of legal coverage and clarity about the extrajudicial killing procedure of the police officers, they could then work effectively to maintain peace and security in the civil society. Since such procedure becomes accountable and do not undermine civil rights and liberties, the citizen will be more trustful in the police department, especially the officers who are directly involved in the case. Furthermore, the citizen will be protected in accordance with law guaranteeing civil rights protection.

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How to Cite
Srisilarak, Rapeephat, Thirawat Chuntuk, and Phitak Siriwong. “Measures to Control and Review Criminal Proceedings Against Officials Regarding Extrajudicial Executions”. Naresuan University Law Journal 11, no. 1 (June 16, 2018): 7-26. Accessed March 9, 2021. https://so04.tci-thaijo.org/index.php/lawnujournal/article/view/128807.
Section
Academic Articles

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