The Protection of Witness in Thailand: The Study of the Obligation of the Witness Relocation in Foreign Country

Abstract

The research methodology is the qualitative research. The purpose of research is to study about the concept, theories of protection of witness under the United Nations Convention against Transnational Organized Crime, a review of the legislative measure of witness protection in United States, Australia and agreement on the cooperation in the area of witness protection in European Union has been examined and proposed law reform for witness relocation between states under Thailand witness protection law.
Refer to the research reviewed the concept, theories of protection of witness under the United Nations Convention against Transnational Organized Crime, agreement on the cooperation in the area of witness protection in European Union, United States and Australia. The research findings reveal that Thailand has mainly enacted legislation to comply with article 24 of the United Nations Convention against Transnational Organized Crime. However, Thailand witness protection law is the lack of relocation witnesses to another country. The result of research suggests that Thailand must reform law to include foreign nationals of other countries in the protection measures of Witness Protection Act B.E. 2546 (2003). Moreover, the temporary protection must be enacted in Witness Protection Act B.E. 2546 in case when there is a immediate protection. The last is that Thailand is required to consider into bilateral or multilateral agreements with member countries of the Association of South-East Asian Nations for the relocation of witnesses by looking at agreement on the cooperation in the area of witness protection in European Union as the example for developing witness protection cooperation in this region. This will result in strengthening witness protection capacities and more consistent with the requirement of United Nations Convention against Transnational Organized Crime as Thailand is one of the state parties of this Convention.