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The Enchained Prisoners versus Rights and Liberties
The Enchained Prisoners versus Rights and Liberties

According to Section 9 paragraph one (1) of Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999), the term “other acts” means an act exercising administrative power in compliance with the law other than the issuance of a rule or an administrative order. In other words, “other acts” is the physical exercise of administrative power or the administrative real act. When the Department of Corrections enchained prisoners under Section 14 paragraph one (3) of Penitentiary Act, B.E. 2479 (1936), it was the physical act, not the issuance of rule or administrative order. The treatment to the prisoners always deprived their rights and liberty as restricted by law. Even though Thailand, as the State party, has
an obligation to practice in accordance with Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, the treatment for the prisoners shall be in compliance with the domestic laws unless the laws were amended in accordance with such Convention. Although the use of instruments of restraint was inconvenience to the prisoners, this act was restricted by laws and under the scope of necessity. In addition, the types and sizes of instruments of restraints depending on the prisoners’ behavior did not deprive of
the prisoners’ rights and liberty. Therefore, when the Department of Corrections enchained death row prisoners, it was not unlawful.




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