Human Rights in the Justice Procedure: Abuse of Arrest Warrant

Abstract

A human rights problem in Thailand's judicial administration in the case of arrest warrant is that there is no principle or legal machinery to control and investigate the operation of arrest warrant in the Criminal Procedure Code. It can be claimed that an officer having duty to comply with the arrest warrant, who knows or should have known or can inform a charge to an alleged offender, ignores to take an action on such duty. On the other hands, the officer would wait for the court order to release the alleged offender on another case then bring the arrest warrant to the alleged offender in front of the prison. It could be claimed that the usage of the court’s arrest warrant is dishonest. There is a loophole of Thailand's criminal judicial administration structure which needs to be fixed. Consequently, the arrest warrant should be nugatory by the law when the officer, who knows or should have known or can inform a charge to the alleged offender, ignores to take an action. In that case, the arrest warrant shall be voided by the law, and the interested parties shall notify the court, so the court would subsequently issue an order to the relevant officials.