Justice Out Of Reach For Many, Says Thailand Development Research Institute

[webfact]

Justice out of reach for many, says TDRI

By The Nation

Although Thailand has put huge resources in its judicial system, justice remains inaccessible to many Thais, according to the Thailand Development Research Institute (TDRI).

"Our judicial system is still inefficient and marred by inequality," TDRI vicechairman Somkiat Tangkitvanich said yesterday.

He was speaking at an academic seminar held at a Bangkok hotel to celebrate the 119th anniversary of the Justice Ministry.

Thailand has 400 officials in the judicial system per 100,000 people, he said. Such a rate is high compared with other countries.

Each year, about 13,000 cases go before the courts. Nevertheless, the courts are unable to work fast enough for the people. Prisons are overcrowded, he said.

"The courts are quick to rule on cases against poor people. For rich people, cases have dragged on for a long time," Somkiat said.

He said Thailand's courts and other lawenforcement agencies spent large amounts of time on bouncing cheques or repayment problems. Other countries let complainants file lawsuits themselves in such cases, he said.

"In other countries, there are mechanisms like banks stopping issuing cheque books for those whose cheques have bounced," Somkiat said.

Speaking at the same seminar, Human Rights and Development Foundation secretarygeneral Somchai Homlaor said the country's judicial system was outdated.

"Our country has allowed the court to appoint volunteer lawyers for defendants. These volunteers are usually inexperienced. They step in because they want to get experience," he said. "No wonder prisons are full of poor people."

Justice Minister Piraphan Salirathavibhaga claimed that under his leadership his ministry was seriously reaching out to people to ensure they got justice.

"In the past, people have to come forward to ask for justice. But I am pushing for change. From now on, justice will reach out to people," he said.

The Justice Fund will assist 871 farmers who were cheated by rice dealers, he said. "We have received a Bt36million budget for the purpose. We are going to help these farmers in court."

Some farmers have committed suicide after becoming heavily indebted by loans to finance their legal fight.

-- The Nation 2011-03-25

[asiawatcher]

Without jury adjudication by peers (of the poor) the judgement still remains all powerful with the French Romanesque system of one man judiciary and that is open to all sorts of 'finger pointing' as well as corruption. In other countries there are Magistrate Courts for low end cases where the Magistrate does not require jury participation. In criminal cases other than capital offences it can be also adjudicated in a lower Court.

Having worked closely at a few Police stations in Bangkok watching the comings and goings over the hours, in my observations, the Police do a lot of paper to try to avoid time wasting of courts. I have seen Police on many occasions, have parties of cpmplainants be urged to negotiate settlements.

But the issue of justice for all is certainly not on the Thai agenda for low end people and disputes over property and acquisition of same between poor and rich, the majority of 'wins' goes to the wealthy who by lawyers and contracts are able to cheat non recourse ownership from the lesser educated and less wealthy. Loan sharking is a case in question where farmers put up a chanote for say 100 Rai for 50,000 Baht and then default on 10% interest per month. The land valued substantially more is then written into the loan sharks name where the land has value way in excess (100 times) the amount. The failure in this case is farmers are not allowed to encumber their land in mortgages by banks by Thai Law so they are forced to deal with loan sharks and many lose their land.

The 'system' really does need a major shuffle...

[londonthai]

article is about the justice system and it's failings, mainly towards the poor - but the picture shows no courtrooms, layers, judges but cops and police cars.

this sums it up - country is based not on the justice, but on the oppression of the poor by the ruling class, using police, military and law (yes, the rich make the law themselves in their own class interests).

the system is corrupt from the very top - that's why some 10% in the prisons are innocent, who were framed or did not have even the voluntary defendant

Edited March 25, 2011 by londonthai

[Thaddeus]

The Justice Fund will assist 871 farmers who were cheated by rice dealers, he said. "We have received a Bt36million budget for the purpose. We are going to help these farmers in court."

The 871 farmers would probably be better off if the Bt36million was divided between them instead of the majority of it ending up in the pockets of the justice system.

[Buchholz]

"The courts are quick to rule on cases against poor people. For rich people, cases have dragged on for a long time," Somkiat said.

Some examples of rich people's cases that have dragged on for a long time:

Potjaman Shinawatra nee Damapong, convicted in July 2008 and sentenced to 3 years in prison. Case appealed.

Former PM Somchai and former PM Chavalit indicted by the NACC in September 2009. Case still pending.

Current and former Red Shirt Leaders Veera Musigapong, Jatuporn Phromphan, Jakrapob Penkair, Natthawut Saikua, Weng Tojirakarn, Wiputalaeng Patanapumithai, Manit Jitchanklab, Apiwan Wiriyachai and Jaran Dittha-apichai charged with inciting riots in July 2007... and again in April 2009... and again in May 2010. All cases still pending.

.

[londonthai]

Some examples of rich people's cases:

Veera Musigapong, Jatuporn Phromphan, Jakrapob Penkair, Natthawut Saikua, Weng Tojirakarn, Wiputalaeng Patanapumithai, Manit Jitchanklab, Apiwan Wiriyachai and Jaran Dittha-apichai

some of them were in the prison and were released as a part of reconciliation process.

they are not rich as well

[dunkin2012]

No jail for the rich......

Pattaya Mayor's Father and a former MP, Wattana Asawahem left Thailand , believed to be in Cambodia now.

[Buchholz]

Some examples of rich people's cases:

Veera Musigapong, Jatuporn Phromphan, Jakrapob Penkair, Natthawut Saikua, Weng Tojirakarn, Wiputalaeng Patanapumithai, Manit Jitchanklab, Apiwan Wiriyachai and Jaran Dittha-apichai

some of them were in the prison and were released as a part of reconciliation process.

they are not rich as well

They have been facing unresolved charges since 2007.

Which of them is not rich?

For example, here's info on a few of them... Natthawut, Veera, Jatuporn, and Jakrapob

Questions raised over TV hosts' assets

The Nation - August 15, 2008

Senator Ruangkrai Leekijwattana voiced suspicion yesterday over where the three hosts of "The Truth of Today" program got millions of baht to buy shares in a private company.

Ruangkrai questioned how Government Spokesman Nattawut Saikua, People Power Party MP Jatuporn Prompan, and Veera Musikapong had the money to buy shares in Puan Pong Nong Pi Co Ltd.

He said an official document listing the company shareholders dated April 2007 showed that Nattawut held 200,000 shares worth 20 Million Baht, Jatuporn held 100,000 shares worth 10 Million Baht, and Veera held 100,000 shares worth 10 Million Baht in the company.

He asked where the three got the money to own these shares.

He had found that in April and June, Nattawut sold 100,000 shares worth 10 Million Baht to former PM's Office Minister Jakrapob Penkair. But Jakrapob only declared assets totaling 9 Million Baht in his formal declaration, he said. Ruangkrai asked where the 10 Million Baht Jakrapob used to buy the shares came from.

Edited March 25, 2011 by Buchholz

[Buchholz]

No jail for the rich......

Pattaya Mayor's Father and a former MP, Wattana Asawahem left Thailand , believed to be in Cambodia now.

Almost correct.

Pattaya's Mayor's father is Somchai Khunplume, who was released on bail AFTER being convicted of first degree murder. He fled to parts unknown.

Former Cabinet Minister Wattana was found guilty of corruption, released on bail, and fled to Poipet, Cambodia where he owns the Diamond City casino.

[dunkin2012]

No jail for the rich......

Pattaya Mayor's Father and a former MP, Wattana Asawahem left Thailand , believed to be in Cambodia now.

Almost correct.

Pattaya's Mayor's father is Somchai Khunplume, who was released on bail AFTER being convicted of first degree murder. He fled to parts unknown.

Former Cabinet Minister Wattana was found guilty of corruption, released on bail, and fled to Poipet, Cambodia where he owns the Diamond City casino.

you know better dude... Thanks...

[Oberkommando]

Just the other month this government was telling us the Thai justice system was the best in the World.

[alstaxi]

Just the other month this government was telling us the Thai justice system was the best in the World.

It is the best, if you have enough cash you can get away with anything, just dont put it in a chicken snack box, too tacky.

[scorecard]

Just the other month this government was telling us the Thai justice system was the best in the World.

I didn't see that. Do you have some details, please.

[truethailand]

"The courts are quick to rule on cases against poor people. For rich people, cases have dragged on for a long time," Somkiat said.

Some examples of rich people's cases that have dragged on for a long time:

Potjaman Shinawatra nee Damapong, convicted in July 2008 and sentenced to 3 years in prison. Case appealed.

Former PM Somchai and former PM Chavalit indicted by the NACC in September 2009. Case still pending.

Current and former Red Shirt Leaders Veera Musigapong, Jatuporn Phromphan, Jakrapob Penkair, Natthawut Saikua, Weng Tojirakarn, Wiputalaeng Patanapumithai, Manit Jitchanklab, Apiwan Wiriyachai and Jaran Dittha-apichai charged with inciting riots in July 2007... and again in April 2009... and again in May 2010. All cases still pending.

.

You forgot one. What about Chuan Leek Pai's Brother( the same ChuanLeek Pai who is seen as the guiding hand for the current PM) did he not abscond to Taiwan when he was alledged to have had it on his toes with neary 10 million....dollars. Came back only when it was safe to do so years later..

[transam]

Same in farang land, l have fought a case where l won but to get there cost bundles, thats why poorish farangs don't bother.

Legal aid, forget it, can't get it if you have collateral, a house. .

[londonthai]

Nattawut held 200,000 shares worth 20 Million Baht, Jatuporn held 100,000 shares worth 10 Million Baht, and Veera held 100,000 shares worth 10 Million Baht in the company.

those figures does not make "rich", even by the thai standards. It's taksin's money, probably in one of his companies.

they did not pay judges/courts to delay or drop charges.

in thailand there are some 6 billionaires, that is in $ - the top one has £32bln and he is tossing the cards in politics and all other matters, including the justice system

[Buchholz]

Nattawut held 200,000 shares worth 20 Million Baht, Jatuporn held 100,000 shares worth 10 Million Baht, and Veera held 100,000 shares worth 10 Million Baht in the company.

those figures does not make "rich", even by the thai standards. It's taksin's money, probably in one of his companies.

they did not pay judges/courts to delay or drop charges.

- unsubstantiated, inaccurate comment in violation of forum rules snipped -

It's just an example of one company they have money in.

It was no problem for them to quickly produce 21 million baht in cash for their bail. Veera alone was released on 6 million baht in cash for bail money.

Something is causing their cases to be delayed for four years, but as the other examples provided also showed, delaying the cases for rich people is common. It also shows that rich people get bailed while the rank and file poorer Red Shirts have been abandoned by their leadership and remain confined for lack of bail money that is but a fraction of what the Red Shirt Leaders quickly arranged for themselves.

.

Edited March 25, 2011 by Buchholz

[dunkin2012]

Unsurprisingly, every dude lives in Siam knows... TDRI don't have to give this info. to other people .... It's just another waste of time....then.

Edited March 26, 2011 by dunkin2012

[selftaopath]

Without jury adjudication by peers (of the poor) the judgement still remains all powerful with the French Romanesque system of one man judiciary and that is open to all sorts of 'finger pointing' as well as corruption. In other countries there are Magistrate Courts for low end cases where the Magistrate does not require jury participation. In criminal cases other than capital offences it can be also adjudicated in a lower Court.

Having worked closely at a few Police stations in Bangkok watching the comings and goings over the hours, in my observations, the Police do a lot of paper to try to avoid time wasting of courts. I have seen Police on many occasions, have parties of cpmplainants be urged to negotiate settlements.

But the issue of justice for all is certainly not on the Thai agenda for low end people and disputes over property and acquisition of same between poor and rich, the majority of 'wins' goes to the wealthy who by lawyers and contracts are able to cheat non recourse ownership from the lesser educated and less wealthy. Loan sharking is a case in question where farmers put up a chanote for say 100 Rai for 50,000 Baht and then default on 10% interest per month. The land valued substantially more is then written into the loan sharks name where the land has value way in excess (100 times) the amount. The failure in this case is farmers are not allowed to encumber their land in mortgages by banks by Thai Law so they are forced to deal with loan sharks and many lose their land.

The 'system' really does need a major shuffle...

Agreed; but what this country "needs" and what it get (or will get) are entirely different. Land of Scams (LOS) will be this way 100 years from now - perhaps. Oh well...

[selftaopath]

Just the other month this government was telling us the Thai justice system was the best in the World.

LOL. Is that "Thai speak"? Truth is really difficult to find in Lack of Sanctions (LOS).

[softgeorge]

Just the other month this government was telling us the Thai justice system was the best in the World.

Yes and I believe it has been listed on the stock market

[Buchholz]

Just the other month this government was telling us the Thai justice system was the best in the World.

LOL. Is that "Thai speak"? Truth is really difficult to find in Lack of Sanctions (LOS).

Truth is even more difficult to find on Thaivisa... as the throwaway alleged claim has never been documented as 2 days later we still await for it...

Just the other month this government was telling us the Thai justice system was the best in the World.

I didn't see that. Do you have some details, please.