NHRC flags discrimination in treatment of Thaksin while he was a prisoner

The results of an investigation by the National Human Rights Commission (NHRC) point to a discrimination in the treatment former premier Thaksin Shinawatra received at the Police General Hospital during his imprisonment and hence the matter has been referred to the National Anti-Corruption Commission (NACC), a senior rights official said.

NHRC commissioner Wasan Paileeklee said on Friday that they had received a complaint in November 2023 regarding the Bangkok Remand Prison allowing Thaksin Shinawatra, a prisoner, to receive medical treatment at the Police General Hospital on August 22, 2023. 

The treatment provided to Thaksin was reportedly superior to that of other prisoners, raising concerns of discrimination. Thus, an investigation was requested, and the NHRC examined the facts.

Wasan said the NHRC was told Thaksin had to be treated at the Police General Hospital's 14th floor special room in the Maha Bhumibol Rachanusorn 88 Phansa Building due to his critical health condition, and that initially rooms were available only on the 14th floor.

Thaksin, however, was treated throughout in the special room. The hospital explained that Thaksin's condition fluctuated between critical and stable, necessitating close medical supervision. But normally, a special room would be for patients who have recovered enough to partially care for themselves.

Additionally, the Department of Corrections could not track which prisoners were admitted to special rooms, as the 2020 ministerial regulation on transferring prisoners for external medical treatment does not require reporting such cases, the investigation found. 

This lack of reporting is significant as it may lead to preferential treatment for some prisoners, particularly former high-ranking officials, Wasan said.

"Thaksin’s continued stay in the special room, without objection from the prison until his discharge, exposed regulatory gaps. This resulted in Thaksin receiving benefits beyond standard entitlements, constituting an act of inequality and discrimination, thus violating human rights," Wasan said.

He added that the NHRC could not obtain medical details of Thaksin's treatment due to legal constraints cited by relevant agencies. If Thaksin's condition was genuinely as critical as claimed, he should have been in an emergency care room, he argued.

"The fact that Thaksin returned home immediately after his release under the Department of Corrections' special pardon programme on February 18, 2024, without further medical treatment, and subsequently engaged in various activities without severe health issues, contradicts the alleged critical condition used to justify his extended hospital stay," he said.

Due to this situation, it is not credible that Thaksin's health condition necessitated a 181-day stay at the hospital without the possibility of transferring him to the Corrections Hospital, or returning him to custody at the prison, he contended.

At this point, it is deemed that the actions of the Bangkok Remand Prison and the Police General Hospital constituted discrimination against a prisoner based on status, economic, or social conditions, thereby violating human rights through either actions or omissions, he said.

The NHRC believes that the human rights violations in this complaint are not only caused by actions or omissions of state officials and agencies but also stem significantly from the Ministry of Justice's 2020 regulation on transferring prisoners for external medical treatment that allows the medical facility to exercise discretion without consideration from the prison regarding the placement of the prisoner in a special room, he said.

In cases where a prisoner receives external medical treatment for more than 30, 60, and 120 days, the prison warden must seek approval from the director-general and report to the supervisory hierarchy with the treating doctor's opinion and relevant evidence. However, there are no stipulations on procedures if the treatment exceeds 120 days, potentially allowing prisoners to receive prolonged external medical treatment without oversight, he said.

The NHRC further opined that the actions of the Bangkok Remand Prison, the Police General Hospital, and involved individuals constituted preferential treatment that may amount to misconduct or offences related to performance of official duties. These actions fall under the jurisdiction of the NACC. The NHRC has been told that the NACC had already taken up this issue, Wasan said.

Therefore, for the benefit of the proceedings, the NHRC has resolved to forward this investigation report to the NACC for further action within its mandate and authority.

Additionally, the NHRC had proposed various recommendations to the relevant agencies to rectify and prevent similar cases from occurring in the future, he said.