Network urges end to pre-trial bail

A civic network has stepped up its campaign to reform the justice system by abolishing bail for those charged with offences pending their court trial — an arrangement the group claims disadvantages the poor.

The Bail Reform Network submitted a petition yesterday calling for change with the national reform committee for justice. Led by Thammasat University vice-rector Prinya Thaewanarumitkul, the group presented the list of signatures to Pol Lt Gen Amnuay Nimmano, a member of the committee.

Mr Prinya, a legal expert, said the “Noone should be jailed because they are poor” campaign was mounted via the change.org website and has so far collected 30,000 of its targeted 60,000 signatures.

The target corresponds to the number of suspects currently in jail because they could not afford to post bail, he said. Every constitution has stipulated that in criminal cases, the suspect must be presumed innocent until proven guilty in a court of law, he added.

As such, no one should go to jail before the court passes a guilty ruling and sentences them, making the bail system both unfair and undemocratic as it favours those with more disposable income or better connections, Mr Prinya added.

According to Section 29 of the charter, in criminal cases the court is supposed to decide whether suspects are jailed or not.

“So why is it that more than 60,000 people are in prison while their criminal cases have yet to be concluded?” Mr Prinya said.

Suspects who face serious charges where the list of punitive measures includes the death sentence must pay 800,000 baht to post bail and avoid being detained until their case goes to court.

In offences that carry jail terms of five to 20 years, bail is set based on the maximum possible prison term. As each year is priced at 20,000 baht they are expected to cough up 400,000 baht, which is out of reach for most suspects, the vice-rector said.

He said charges are often brought during police probes despite weak evidence. However, as a matter of principle suspects should be free to fight their cases until the court hands down its ruling, he added. Exceptions to this rule would include cases where the suspect was caught redhanded or repeat and serious offenders, Mr Pinya said.