The Constitution of the Kingdom of Thailand Section 63 B.E.2560 (2017) places importance on the prevention and suppression of corruption by focusing on the participation of the public in the fight against or pointing out clues of corruption, and the state must provide measures to protect people who report corruption. Meanwhile, the Organic Act on the Prevention and Suppression of Corruption B.E. 2561 (2018), Section 131 and Section 133 empower NACC to provide safety protection to accusers, victims, petitioners, complainants, witnesses, whistleblowers who give statements or reports any clues or information about corruption. The law also protects the performance of duties to government officials who give statements or whistleblowing to the NACC.
“Preventing and combating corruption requires the cooperation of all sectors, whether government agencies, private organizations, or civil society, to recognize the serious threats that arise and recognize the importance of the problem of corruption. Witnesses or people who have been damaged by corruption cases or whistleblowers are afraid to complain or give information regardless of corruption and bribery. This will create difficulty in tackling corruption and bringing perpetrators to justice. For that reason, the Constitution of the Kingdom of Thailand; therefore, places importance on the prevention and suppression of corruption by focusing on the participation of the public in the fight against or pointing out clues of corruption, and the state must provide measures to protect people who report corruption,” the NACC explained.
Moreover, it pointed out that at present the problem of corruption in countries around the world has become one of the most important problems in many countries, including Thailand, where many related sectors have a common will to help prevent and suppress corruption. The nature of corruption is perceived only by the giver and the recipient, so when the benefits are balanced, it is difficult for either party to complain about this guilt as fear of causing themselves and other people around them to face trouble or being extorted by those who involved the bribes.
Thus, Thai law is concerned with this problem so it gives full authority to the NACC to set up the regulations on Witness Protection B.E. 2562 (2019, providing guidelines for for requesting witness and whistleblower protection.
The guidelines define that persons entitled to file applications and witness protection are covering accuser, victim, petitioner, complainant who gives statements, or the whistleblower including the spouse, parents, successor, or any other person who has a close relationship with the requester.
To file a complaint or give information about corruption to the NACC, anyone can contact NACC provincial offices nationwide or other agencies to request witnesses’ protection. In case, the witness or whistleblower is unable to present the complaint in person, it shall be done in writing or by letter, or by other means of communication such as telephone, fax, or electronic mail, or may authorize another person to act on their behalf.
After receiving requests for witness and whistleblower protection, the NACC will provide officers to secure witnesses at residences or places requested by witnesses or whistleblowers or arrange for witnesses to stay or reside at a location designated by the office.
That witness can ensure that the NACC will provide measures to conceal the personal data of witnesses and whistleblowers while arranging contact to ensure their well-being or regularly inspect the place where they live or stay.
Moreover, the NACC will send a notification in writing to the Royal Thai Police, the Department of Protection of Rights and Liberties, or other agencies to implement additional security protection.
To ensure that witnesses and whistleblowers will be able to live as normal, in case they cannot work or earn a living while being under protection, the NACC provides expenses and allowances as they are entitled to compensation. In case of damage to life, body, health, liberty, reputation, property or any other rights of witnesses, and other expenses for giving testify to the officers, the compensation for witness protection shall be disbursed at the rate specified by the Ministry of Justice or as determined by the government.
The NACC concluded that the agency recognizes and values the protection of witnesses and whistleblowers as they are key persons who could help Thailand improve transparency and wipe away the corruption from Thai society, as well as increase the corruption perception index to a higher level equivalent to the international level.
For whistleblowing of any misconduct by government officials, please contact the NACC Office Tel. 1205 or website: www.nacc.go.th
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Reference: https://nacc.go.th/categorydetail/20180831184638361/20240304143021?
Organic Act on Prevention and Combating Corruption B.E. 2561 (2018), Section 131 and Section 133 accompanying the National Anti-Corruption Commission Regulation on Protection and Assistance of Witnesses B.E. 2562 (2019)
*This press release translation is funded by the National Anti-Corruption Fund (NACF).
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National Anti-Corruption Commission (NACC), Thailand
The National Anti-Corruption Commission (NACC), Thailand is a constitutional independent organization and supervised by nine commissioners selected from various professions. It is authorised to undertake work on the prevention and suppression of malfeasance, particularly in government agencies, on assets investigations, as well as on the monitoring of ethics and virtues of political position holders.
It has the authority to file charges in court as well as support and build up awareness of the penalties for committing corruption. The NACC is supervised by the NACC Board and has the Office of the NACC as its administrative agency.
Since 1997, Thai Courts have ruled against and punished politicians, former ministers, high-ranking government officials as well as executives of the private sector in the thousands of cases submitted by the NACC.
