The Presumption of Innocence and the Compulsory Disrobing of Buddhist Monks Prior to Final Judgment: An Analysis under the Rule of Law and the Sangha Act B.E. 2505 (1962)

Abstract

This academic article aims to analyze the relationship between the presumption of innocence and the forced defrocking of Buddhist monks prior to final criminal judgment under the Sangha Act, B.E. 2505 (1962). It examines Thai legal principles, the Vinaya (monastic discipline), the rule of law, human dignity, and international human rights standards, while assessing the impacts of such measures on monks' rights and the credibility of the justice system.

          The study reveals that although forcing monks to give up their monastic status before a final judgment aims to protect the peace and order of the Sangha and preserve public faith in Buddhism, enforcing measures that strip monks of their status prior to a final verdict raises critical concerns regarding compliance with the presumption of innocence, the principle of proportionality, and human dignity—particularly in cases where courts subsequently acquit the monks. Under current Thai law, there is a lack of specific mechanisms to restore status and remedy the resulting damages.

The article suggests that legal reform should focus on striking a balance between protecting Buddhism and safeguarding the rights of monks. This should be achieved by establishing clear criteria for discretionary power and developing appropriate remedy mechanisms, which will enhance fairness in the justice system and align with the rule of law in a democratic society.