BackIn 2020, the ombudsman received a complaint from a professor and a student from the Faculty of Law of Thammasat University. It pertains to the Royal Thai Police Regulation, Regulation Code of Police Affairs excluding cases B.E. 2554, Title 32 - Fingerprinting and other amendments.
This regulation requires that the information and fingerprints of suspects be kept in the criminal record database. Even when the prosecutor decides not to press charges or the court dismisses the case, the names of the suspects or innocent defendants are not automatically deleted from the criminal record database. Instead, the defendants have to submit a request to the Criminal Records Division to have their names erased.
This imposes unnecessary and undue burden to the people. The Ombudsman had considered the complaint and had a decision that even if the said regulation was in regards to the criminal record database, an important component in processes of justice, it also affected the rights and liberty of people whose names were in the database.
The ombudsman recommended the Royal Thai Police to amend the aforementioned Regulation Code in accordance with the following guidelines:
- The record database currently used to keep information on suspects or defendants should be separated into two registries: suspect record database and criminal record database;
- The disclosure of criminal record and information on defendants who the court found guilty should be in accordance to criteria and conditions of the law and other related regulations;
- A prohibition on the disclosure of criminal suspicion should be imposed with the only exception being when the examination is required by law;
- A timeframe should be planned in the reporting of final case results from each police station to the Criminal Records Division. Beginning from the time when final case results are received from other related agencies.
After receiving the recommendations from the ombudsman, the Royal Thai Police appointed a committee to consider adjustment to the procedure regarding criminal record keeping and amendments to the Royal Thai Police Regulation, Regulation Code of Police Affairs excluding cases B.E. 2554, Title 32 - Fingerprinting and other amendments.
You can find the full press release of the Ombudsman of Thailand in the download section below.
Source: Office of the Ombudsman of Thailand
