Court Hearing Scheduled for July 21st Regarding Inhumane Use of Foot Cuffs on Mr. Anon Nampa
On July 21, 2025, at 9:00 AM, the Criminal Court (Ratchadapisek road) is scheduled to hold a hearing in response to a petition filed by Emeritus Professor Dr. Thongchai Winichakul. The petition requests the court to promptly investigate the cruel, inhumane, or degrading treatment of Mr. Anon Nampa.
This hearing will include human rights experts, the National Committee under the Prevention and Suppression of Torture and Enforced Disappearance Act, legal scholars, and Anon Nampa himself as witnesses.
The petition stems from an incident on May 28, 2025, when Emeritus Professor Dr. Thongchai Winichakul submitted an urgent request for the court to investigate and cease cruel, inhumane, or degrading treatment against Mr. Anon Nampa. This was after Thongchai observed Anon appearing in a prisoner’s uniform with shackles on both feet while being transported to court and during the trial. Thongchai believes that wearing a prisoner’s uniform, shackles, or chains during legal proceedings violates human rights, contravenes the principle of presumption of innocence, diminishes human dignity, and may constitute cruel, inhumane, and degrading treatment. Therefore, he filed a petition requesting an urgent court inquiry under Section 26 of the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 (2022).
In his petition, Thongchai asks the Criminal Court to promptly investigate and review the use of restraints on detainees, especially those awaiting trial, to ensure compliance with the prohibitions stated in Section 21 of the Corrections Act B.E. 2560 (2017), which states: “The use of restraints on detainees is prohibited.” Therefore, the Office of the Court of Justice and the Department of Corrections are legally obligated to act to ensure that these rights are protected in accordance with the law and human rights principles.
Thongchai’s petition argues that Section 21 of the Corrections Act B.E. 2560 (2017) prohibits the use of restraints on detainees, except in specific cases. If restraints must be used, the person ordering their use must record the reasons or necessity for doing so. This demonstrates that the law’s intention is to prohibit the use of restraints, allowing them only as “exceptions” when absolutely necessary. However, currently, the use of restraints has become a normal practice for almost all cases when detainees leave prison, no longer serving as an exception. This practice is not in line with the spirit of the law and may affect the human dignity, life, and physical liberty of detainees.
For these reasons, Cross Cultural Foundation cordially invites the media and interested public to closely follow this hearing to ensure that the Office of the Court of Justice and the Department of Corrections will meticulously consider the use of foot cuffs and chains on other detainees on a case-by-case basis as legally required. This will also help establish standards and develop a concrete detention management system, thereby ensuring that the rights of detainees are genuinely protected in accordance with legal and human rights principles.
