Controversy grows over detention rule
Convicted former prime minister Thaksin Shinawatra has been allowed by the Department of Corrections (DoC) to stay on at the Police General Hospital as he marked 120 days on Friday of receiving medical treatment there.
The move by the DoC comes amid criticism that a new regulation issued by the DoC that allows for the detention of qualified inmates outside of prison has been designed to benefit him.
Pol Col Sirikul Srisanga, spokeswoman of the Police General Hospital, said that the hospital had informed the DoC in writing about Thaksin’s medical conditions.
“Regarding Thaksin’s illnesses and medical treatment, the hospital has already informed the DoC about the matter. Thaksin will continue to receive medical treatment here at the hospital,” she said.
According to a DoC regulation regarding the medical treatment of inmates outside prison, doctors must inform the DoC of the result of the treatment of a patient so the DoC will consider whether the patient will be allowed to continue receiving treatment outside of prison.
Pol Col Sirikul said that the 14th floor of the hospital building where Thaksin is staying is designated as a detention area for the convicted inmate as ordered by the court.
It is also a security area under the supervision of the DoC as stipulated by the Corrections Act, she said, adding that the hospital is only responsible for providing medical treatment for a patient.
Pol Col Sirikul added that the National Health Act further stipulates that information regarding a person’s health must be kept confidential, and no one is allowed to disclose it in a way that could cause damage to that person, except with his or her consent.
She also warned the media not to report stories about Thaksin in a way that would infringe on his rights or the rights of other patients in the hospital.
On Dec 6, the DoC issued the new rule in line with the Corrections Act BE 2560 (2017).
Under the regulation, prisoners allowed to be detained outside of prison must meet certain requirements stipulated by the DoC and be categorised by a screening panel set up by the department.
The venues for detaining them may include houses or buildings with registered addresses.
Thaksin, 74, returned to Thailand on Aug 22 after 15 years of self-imposed exile and was sentenced to eight years in three cases.
However, he was sent from Bangkok Remand Prison to the Police General Hospital that night for health reasons and has remained there since.
All eyes are on whether the new rule will benefit Thaksin.
Deputy Prime Minister Somsak Thepsutin on Friday defended the rule.
“Thaksin will not be allowed to receive medical treatment outside of prison forever. It depends on a recommendation from doctors,” Mr Somsak said.
“Not everyone has the right to visit an inmate who receives medical treatment outside prison. This is not about concealing information, but it is about a regulation. The inmate will decide who will be allowed to visit.”
Mr Somsak also warned that members of the House committee on police affairs who plan to inspect the 14th floor of the Police General Hospital may be sued by Thaksin or his family unless they receive permission.
Writing on Facebook on Friday, Thaksin’s lawyer, Winyat Chartmontree, also warned against netizens on social media who demand the release of information regarding Thaksin’s medical conditions without his consent or those who accuse Thaksin of pretending to be sick or alleged that Thaksin is not staying at the Police General Hospital.
“This action may be deemed to be an infringement on the patient’s rights and a violation of human rights,” the lawyer said.
Previously, Pichit Chaimongkol, leader of the Network of Students and People Reforming Thailand, lodged a petition with the Royal Thai Police, calling for an update on Thaksin’s health conditions and a list of medical specialists treating him.
He said the public wants to know if Thaksin is really ill and in need of special medical treatment and that he is not being given preferential treatment.
Mr Pichit has also accused the DoC of issuing the new regulation to benefit Thaksin.
The activist noted that Thaksin appeared physically fit when he arrived at Don Mueang airport on Aug 22.
When Thaksin’s condition quickly deteriorated, as reported, Mr Pichit and his group questioned whether the former PM was really ill and required treatment outside the facility.