Rules on inmate treatment outside prison to prevent preferential treatment under review
Thailand’s justice minister orders a full review of rules on inmate transfers, early release and alternative detention to prevent preferential treatment
Justice Minister Pol Lt Gen Rutthapon Naowarat has ordered a full review of regulations governing inmate transfers for medical treatment outside prison, early-release considerations and the designation of non-prison facilities as confinement areas, aiming to prevent loopholes that could benefit certain inmates.
On November 18, the Ministry of Justice issued an official memorandum to the permanent secretary, instructing the ministry to re-examine and amend existing rules, regulations, notifications and guidelines after the National Anti-Corruption Commission (NACC) launched an inquiry into correctional officials and related individuals for allegedly facilitating special treatment for particular inmates.
The document notes that ambiguity in interpreting current regulations has affected the credibility of the correctional system. To ensure a process that is lawful, transparent, rigorous and consistent with the principles of the rule of law, the minister requested a comprehensive review covering the following areas:
1. Transfers for medical treatment outside prison
The ministry will re-evaluate whether nurses should retain discretionary power to authorise external medical treatment for inmates and whether such discretion is appropriate under existing medical and custodial standards.
2. Early-release considerations under special circumstances
The review will assess whether medical screening for special-case sentence reduction — including cases involving severe illness, disability or inmates aged 70 and above — should be conducted by physicians instead of nurses, and whether the current screening forms meet required standards.
This refers to criteria set out in the Corrections Department’s notification dated October 27 2020.
3. Confinement in non-prison facilities
The minister ordered a reassessment of the Corrections Department Regulation on Detention in Custodial Locations B.E. 2566 (2023) and related sub-regulations. Clear, standardised rules must be established regarding management of alternative detention facilities to reduce discretionary practices that could benefit certain inmates, in line with the NACC’s resolution from meeting 78/2568 on August 19 2025.
4. Any additional issues requiring amendment
The ministry instructed the permanent secretary to consider other relevant reforms and report progress urgently.
The directive underscores the ministry’s intention to tighten procedures following public scrutiny over possible misuse of discretion in the treatment of high-profile inmates.
