Author(s) Kanjana Panyanon
Advisor(s) Isabel Celeste M. Fonseca
Synopsis We live in an era that increasingly values time. All citizens should feel confident of how long they should wait for the court’s decision. The State has the task of ensuring the effectiveness of justice in order to provide services of justice within a reasonable period. We request, therefore, to make certain that citizens will have the right to trial within a reasonable time and when this right is violated, the State will be responsible for damages. This study involves discovering how to deal with the problem of the lack of State responsibility for damages caused by violation of the right to trial within a reasonable time in Thailand. The similar problem has been widely recognized and has been solved effectively by the European Convention of Human Rights and the jurisprudence of the European Court of Human Rights together with the domestic rules of the signatory countries. Considering the importance of this right and the State responsibility for its violation, it will be great to find a solution for Thai’s problem. To this purpose, we should understand more about the protection of the right to trial in a reasonable period and the State’s responsibility for its violation by European experience as a reference point to search the most appropriate solution for Thailand. A documentary research is used in collecting relevant information in this study. The purpose of this study is to understand the theoretical and practical approach of the protection of the right to trial within a reasonable time frame, and the civil responsibility of the State for violation of this right by the in-depth study both European level and domestic level in the Signatory States. The study of European level will analyze the European Convention of Human Rights and the case law of the European Court of Human Rights and its influence on their signatory States. The study of domestic level, especially the domestic laws in Portugal and in Italy, will explore the most outstanding aspects of evolution, the development of this right and the responsibility for its violation, to understand how it works, how it develops, what’s the problem of law enforcement. After examining all aspects, we recognized how is important the right to trial within a reasonable time and why is so important that the State have to response for damages caused by violation of this right. This study found that the Thai Constitution recognizes implicitly both the right to trial within a reasonable time and the State responsibility for its violation. However, there is still no specific law that will implement that responsibility of the State. Our suggestion is the legislation should understand the important of this issue and should integrate this responsibility in Thai legal system by modification of involved laws.
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