การเข้าถึงกระบวนการยุติธรรมสำหรับผู้ที่ไม่พูดภาษาไทย : กรณีศึกษาระบบการจัดหาล่ามในจังหวัดแม่ฮ่องสอน

Abstract

For the title 13 of criminal procedure code assigned police, attorney, and criminal court that have to provide the interpreter for the right of prosecution access to justice as for non-Thai speakers. However, there were some problems in law enforcement to provide and lack of the interpreter. So the non-Thai speakers couldn’t understand through their cases and couldn’t communicate with the court officers. These problems had an effect on their argument because of the problematic about languages. Therefore, the helpless non-Thai speakers among Thai translation or any Thai documents were serious difficulties of access to justice for them. If the government can provide the interpreters for the non-Thai speakers, it should be really supported the access to justice reasonably and equally. This research studied and analyzed on the Right to Interpreter of the Accused and Defendant in the Criminal Cases such as; Human Right, Equality, and the Right to Access to Justice. These are the basic concepts to guard the rights for non-Thai speakers. The researcher studied on positive law, the interpretation of constitution court, problems and effects of interpreter provider. All the results were suitable along the positive law and helpful for solving and systematizing the interpreter provider problem in Mae Hong Son province. After the study, there were some results about the interpreter provider problems for non-Thai speakers; foreigners and ethnic groups as follows; 1. Positive law problem about the interpreter provider for non-Thai speakers For the title 13 of criminal procedure code assigned the government sector such as; policeman, attorney, and criminal court that have to provide the interpreter for the right of prosecution access to justice as for non-Thai speakers. However, the title 13 of criminal procedure code does not mention about the procedure of interpreter provider and there were any rules about the obvious regulations. 2. Law enforcement problem The interpreter for foreigner or ethnic group has to be registered or passed the interpreter training to be a full duty interpreter, so the problem is the lack of the interpreter. Especially, there was non-registered and no full duty interpreter for the ethnic groups, there was no choice on providing the interpreter for the ethnic groups so the officers had to decide on the villagers or people who came with the injured or the accused to be the urgent interpreter. Moreover, there was not any organization to take responsibilities for interpreter providing among the positive law. All the criminal procedures; police, attorney, and criminal court were lack of the unity. For these reasons, the researcher became aware of the main organization to take responsibilities for interpreter providing and coordinate with related organization; asking for the ethnic proficient interpreter from the refugee camps, embassies, consuls or schools in that area. Likewise, the specification of interpreter providing has to be created as a guideline for the non-Thai speakers could be access equally to justice.