Thailand Law Library

by Thailand Lawyer

Chapter 4: Provisions of Assistance and Protection of Safety to the Trafficked Person of Trafficking in Persons

The Ministry of Social Development and Human Security shall consider to provide assistance as appropriate to a trafficked person on food, shelter, medical treatment, physical and mental rehabilitation, education, training, legal aid, the return to the country of origin or domicile, the legal proceedings to claim compensation according to the regulations prescribed by the Minister, providing that human dignity and the difference in sex, age, nationality, race, and culture of the trafficked person shall be taken into account. The right to receive protection, whether it be prior to, during and after the assistance providing, including the timeframe in delivering assistance of each stage, shall be informed the trafficked person. In this connection, the opinion of trafficked person is to be sought.

The competent official, in providing assistance under paragraph one, may place the trafficked person in the care of a primary shelter provided by the law on prevention and suppression of prostitution, or a primary shelter provided by the law on child protection, or other government or private welfare centers.

For the benefit of the assistance to a trafficked person, the inquiry official or public prosecutor shall, in the first chance, inform the trafficked person his right to compensation for damages resulting from the commission of trafficking in person and the right to the provisions of legal aid.

In case where the trafficked person has the right to compensation for damages as a result of the commission of trafficking in persons and express his intention to claim compensation thereof, the Public Prosecutor, to the extent as informed by the Permanent Secretary for Social Development and Human Security or any person designated by him, shall, on behalf of the trafficked person, claim for compensation thereof.

The claim for compensation under paragraph one, may be brought by the Public Prosecutor either with the criminal prosecution or by way of motion filed at any time during the trial of the criminal case in the Court of the First Instance.

The judgment in the part of the claim for compensation shall be given as one part of the judgment in the criminal case. In case where the Court orders to compensate for compensation, the trafficked person shall be regarded as the creditor according to the judgment and the Director-General of the Legal Execution Department shall be bound to execute the judgment of such.

The hearing proceedings of claim for compensation under paragraph one and the execution of judgment under paragraph three are exempt from any costs. The provisions of the Criminal Procedure Code shall apply mutatis mutandis as far as they do not contravene to any provisions stipulated in this Act.

The competent official shall provide for the safety protection to the trafficked person under his care regardless of where such person stays, whether it be prior to, during or after the proceeding. In so doing, the safety of the family members of trafficked person shall also be taken into account. In case where the trafficked person will make statement or testify as a witness in the offense of trafficking in persons under this Act, the trafficked person, as a witness, shall be under the protection according to the law on the protection of witness in a criminal case in all respects. If the trafficked person has to return to the country of residence or domicile or if the family members of the trafficked person live in other country, the competent official shall coordinate with the agency in such country whether it be a government or a private agency and whether it be done via the embassy or consular office of such country, with a view to continuously provide safety protection for the trafficked person and family members in that country.

For the purpose of taking proceedings against the offender under this Act, or providing medical treatment, rehabilitation for the trafficked person, or claiming for compensation of the trafficked person, the competent official may assist the trafficked person to get a permission to stay in the Kingdom temporarily and be temporarily allowed to work accordance with the law. In so doing, the humanitarian reason shall be taken into account.

Subject to Section 37, the competent official shall undertake to have the trafficked person who is an alien return to the country of residence or domicile without delay except such person is allowed the permanent residence in the Kingdom according to the immigration law or has been granted a relief, in an exceptional case, to stay in the Kingdom from the Minister of the Interior, with evidence and documents under the law on census registration or the law on alien registration.

In the undertaking under paragraph one, the security and welfare of such person shall be taken into account.

In case where a person of the Thai nationality falls an trafficked person in a foreign country, and wants to return to the Kingdom or residence, the competent official shall undertake to clarify whether such person is a Thai or not. In case where such person is a Thai national, the competent official shall undertake, whatever as necessary, to have such person return to the Kingdom without delay, considering accordingly to the safety and welfare of such person.

In case where the trafficked person in a foreign country is an alien being allowed a residence in the Kingdom under the immigration law, or being granted a relief, in an exceptional case, to stay in the Kingdom from the Minister of the Interior, and prior to leaving the Kingdom, the status of being granted a temporary residence has not yet terminated, once the facts in relation to such person are verified, should he want to return to the Kingdom, the competent official shall undertake whatever necessary to have such person return to the Kingdom without delay, considering accordingly to the safety and welfare of such person, and the same shall be granted a permission to resume a stay in the Kingdom according to the status quo prior to leaving the Kingdom.

In case where the trafficked person in a foreign country is an alien and has no any identity document, but there is a reasonable ground to belief that such person has, or used to have a domicile or residence in the Kingdom lawfully, once the status of domicile or residence of the said person has been verified, should he wish to return to the Kingdom, the competent official shall undertake whatever necessary to have such person return to the Kingdom without delay, considering accordingly to the safety and welfare of such person, and the same shall be granted a permission to resume a stay in the Kingdom according to the status quo prior to leaving the Kingdom.

The Ministry of Social Development and Human Security shall prepare an annual report in connection with the situation, number of cases, the performance of various agencies concerned and guidelines for the future performance in relation to the prevention and suppression of the trafficking in persons and submit it to the Cabinet.

Unless the Minister of Justice grants a permission in writing, the inquiry official is barred from taking criminal proceeding against any trafficked person on the offence of entering, leaving, or residing in the Kingdom without permission under the law on immigration, giving a false information to the official, forging or using a forged travel document under the Penal Code, offence under the law on prevention and suppression of prostitution, particularly on contacting, persuading, introducing and soliciting a person for the purpose of prostitution and assembling together in the place of prostitution for the purpose of prostitution, or offence of being an alien working without permission under the law on working of the alien.