Better justice procedure required to tackle overcrowded prisons: TIJ, NHRC

[rooster59]

Better justice procedure required to tackle overcrowded prisons: TIJ, NHRC

By The Nation

 

File Photo

 

With nearly 400,000 people behind bars, conditions in Thai prisons are getting so crowded that an inmate does not even have a metre of space to lie down. Hence, the National Human Rights Commission (NHRC) and the Thailand Institute of Justice (TIJ) considered other options for convicts facing jail terms of less than five years at a seminar on Friday (September 6).

 

 

The issue was discussed at the “Criminal Punishments and National Human Rights Principles” seminar at Bangkok’s Centara Government Complex Hotel.

 

TIJ director Kittipong Kittayarak said Thai prisons, which have the sixth most prisoners in the world and the highest in Asean, have space for only 120,000 inmates, but are now housing more than 300,000 prisoners.

 

"Although Thailand has the largest number of inmates among Asean countries, this does not mean it has the highest crime rate. Instead, this reflects some problems in the justice procedure. The increase in the number of inmates stems from the amendment to the drug law, which has become so strict that anybody with any relation to methamphetamine is landed in jail. Such offenders account for 70 per cent of the men in prison and 87 per cent of women. Also, 20 per cent of the inmates are in remand pending trial,” Kittipong said.

 

Of the prisoners whose cases have been finalised, 50 per cent are those facing terms of less than five years, Kittipong added.

 

Each year, the government allocates Bt12 billion to the Corrections Department, of which Bt8 billion is spent on food, he said.

 

Also, he said, that though statistics show that 30 per cent of released inmates recommit crimes, this does not mean that the Corrections Department is doing a poor job.

 

“We have to admit that the number of inmates behind bars has climbed since 1994. The problems we are facing don’t just stem from the Corrections Department, but the whole justice system,” he said.

 

In 2000 and 2001, the problem of overcrowding had been solved by moving drug abusers to drug rehabilitation centres, he said, which reduced the number of inmates from 240,000 to 160,000. However, the lack of a strict rehabilitation programme and a failure in prioritising the public health policy to tackle the problem has let the issue emerge again.

 

The problem of overcrowding can be solved if the authorities shift their focus from throwing people behind bars in retaliation and consider rehabilitation, so wrongdoers become remorseful while the victims are provided with remedial measures so they are content, such as in road accident cases.

 

Kittipong also advised that drug abusers and small-time dealers be separated from the major drug traffickers  in line with a better public health policy. Moreover, he said, police and public prosecutors should find a better method of settling cases out of court and consider other methods such as electronic monitoring devices with limited freedom, probation or social services for petty criminals.

 

Source: https://www.nationthailand.com/news/30375918

 

-- © Copyright The Nation Thailand 2019-09-07

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[robblok]

Just make drug crimes where its only the use of the substance and not theft or violence free of punishment as they only abuse their own body and you got a lot of free room in the prisons.

[Samui Bodoh]

20 minutes ago, rooster59 said:

Better justice procedure required to tackle overcrowded prisons: TIJ, NHRC

 

It is a good start that official bodies are beginning to ask why there is overcrowding in prison, but this article and the discussion it notes is not very comprehensive.

 

Some other points to consider (in no particular order):

• One of the participants is the National Human Rights Commission. This body in particular and Human Rights in general throughout Thailand have been severely degraded; I would wager huge sums that most of the people in jail are poor and/or did not have adequate legal representation. In contrast, how many wealthy people actually go to jail?
• Bad policing. Does anyone here believe that all those cases were investigated properly? Fairly? Without prejudice?
• The article notes that drug crimes are the main cause of prison overcrowding. How much police involvement is there in the drug trade?
• Lack of role models. In Thailand, there is high-level disregard for the law and that contempt trickles down throughout a culture. When Prayut launched a coup and declared himself Prime Minister, the message was 'might makes right'. Why wouldn't Thailand's youth follow that message? Or other criminals? To put it crudely, what is the pay-off of following the law?
• When Prawit got a free pass for his watches and demonstrated that the Thai law/legal system does not matter if you are rich/powerful/connected, why wouldn't other people follow suit?
• Income inequality. When 1% own/control 67% of the country's wealth, what is the incentive for being a law-abiding citizen?
• Social mobility. In a hierarchical culture where the person 'above" you is always correct, what is the incentive to always follow the rules? Does it not make more sense to break the rules and 'get ahead'?
• Thai culture, generally speaking, does not value 'Rule of law', but rather 'loyalty to ones family/clan/tribe/etc. If you want people to obey the law, you have to demonstrate that it applies to everyone or else it is a waste of time.
• economic opportunities. If you are born to a poor household in Isaan, why wouldn't you turn to crime for opportunities? Does anyone feel that there are sufficient opportunities for the poor in Thailand?
• Proper education. We all know about the education system in Thailand; does it provide a basis for law-abiding citizens? (hint; No)

I could go on, but I think that the point is made. If you want to have a law-abiding culture/country with few crimes and criminals, you need to have proper role-models, a legal system that is seen to be fair, laws that apply to all, opportunities for advancement and an overall sense of fairness. Societies that don't have these factors tend to have a high level of criminality and incarceration.

 

Thailand; build a fairer society and see your prison population go down.

 

[ChipButty]

Wait until the big fella catches all these corrupt politicians be bursting at the seems

[hotchilli]

8 hours ago, rooster59 said:

considered other options for convicts facing jail terms of less than five years

Considering what you have to do to get 5 years I'd be very worried about that.

[yellowboat]

8 hours ago, rooster59 said:

Better justice procedure

The current one is broken embarrassment. It can only get better from here.