New bill put forward to make Justice Fund accessible
The Justice Ministry's "Justice Fund" needs to become more independent, easily accessible and better funded in order to adequately help those who cannot afford legal fees or do not have money to put up bail, a seminar was told yesterday.
Assoc Prof Pokpong Sri-sanit, a law lecturer at Thammasat University, said that at present only 20 per cent of those in need gained assistance from the Fund, which was first set up in 2006.
Pokpong, who spoke at the event organised by the Thai Health Fund and two allied organisations, added that the public should support the new draft bill, which will push for the Fund to be given a permanent status under the Royal Act.
The current system is far too bureaucratic, slow and under-funded, Pokpong said, who had helped draft the new bill. Under the new draft, the office of the Justice Fund at the provincial level will be managed by a subcommittee in order to prevent poor people from having to travel long distances to Bangkok. Pokpong added about Bt1 billion per annum might be needed.
Other aspects under the draft bill include appointing members of the public as commissioners of the fund, which should be given the status of a legal juristic entity.
Pokpong said many poor people unable to put up bail money were left in prison until a sentence is handed down, while the well-off can simply walk away because they have cash in their pockets. This, he said, is injustice and is creating more tension in society.
“Is this justice? No,” Pokpong said.
Paisith Panitchakul, a law lecturer at Chiang Mai University, said the Fund should be more oriented toward guaranteeing equal rights and granting access to justice instead of just doling out money. He also added that the existence of the Fund is in itself proof of the failure of the Thai justice system.
“Some are not even willing to take up the legal fight because they are afraid [due to threats of violence from influential figures],” Paisith said.
Nevertheless, the lecturer acknowledged the need for a more effective and less bureaucratic Justice Fund. “The challenge is how not to deter people from the justice system,” he said.
Dozens of concerned citizens from various groups fiercely debated the draft bill at the meeting yesterday. One of the key issues debated was whether the justice minister or a people’s representative should chair the Fund, and it was eventually decided that Fund’s commissioners would elect a chief.
