Crime re-enactments: a violation of suspects' rights?

[webfact]

BURNING ISSUE
Crime re-enactments: a violation of suspects' rights?
Chularat Saengpassa

BANGKOK: -- WHENEVER Thai police arrest suspects linked to high-profile murders in Thailand, their faces appear in media, under full public glare. But is that what the public is really supposed to see?

If suspects are to be treated as innocent till proven guilty, Thai authorities should not display them at press conferences.

Such exposure, after all, is bound to hurt their reputation. And even if a court acquits them later, nobody can really undo the damage.

However, it is normal for Thai police to parade suspects before media cameras. Viewers across the country usually see the suspects' faces and know when they will be brought out to re-enact their alleged crimes. Often, enraged people surround the scene of crime and try to attack the accused.

For example, police arrested two Myanmar workers and charged them with brutally murdering two Britons on Koh Tao recently.

The suspects fast became the subjects of condemnation by many - until information emerged that they may just be scapegoats. When a team from the Lawyers' Council of Thailand visited them last week, the suspects said they were bashed and threatened into confessing to crimes they did not commit.

Also last week, police took a Thai taxi driver and his ex-wife to four spots in Bangkok and Samut Prakan province to re-enact their slaying of an elderly Japanese teacher.

Such practices continue even though various agencies, including the National Human Rights Commission (NHRC), have complained that by exposing suspects police violate their human rights.

According to the Constitution, suspects or defendants in criminal cases must be presumed and treated as innocent until proven guilty.

In response to such legal stipulations, the National Police Office (NPO) has prescribed guidelines on how to arrange press conferences and give interviews or photos to the media.

The NPO has even cautioned against taking suspects to the supposed crime scene simply to point out that this was the place where the alleged crimes took place.

According to the NPO, the suspects should be taken to the crime scene only when their presence is likely to provide additional information - such as to pinpoint where ill-gotten assets have been hidden.

The NPO, moreover, has strictly barred police from taking suspects aged below 18 years to the crime scene as part of their "confession" because such acts would shame the under-aged and may run against child protection laws.

The NPO has explained that where it is necessary to have suspects re-enact their crimes, police must ensure that re-enactment arrangements are not done in a way that publicly shames suspects. In the event that suspects are underage, their faces must be covered.

Clear-cut guidelines are in place. The problem lies in the implementation.

According to a study, human-rights abuses by police during searches, arrests, and suspects' exposure to the media and public condemnation are not always for personal gain but sometimes done with good intent. Some believe the move will alert the public about risks.

In a bid to stop or at least minimise improper or bad practices, the NHRC and many organisations have spoken up and proposed alternative ways that police should handle their investigations and suspects.

Amnesty Thailand chairman Somchai Homla-or said confessions by suspects before their lawyers and investigators carried enough weight and there was no need for them to stage a re-enactment of crimes.

He also pointed out that press conferences on crime cases should focus on motives, not how the crimes were committed to prevent the risk of copycats.

However, a police colonel once noted that police should not take the flak alone because the media should also exercise judgement in its coverage of these re-enactments.

Indeed, there is no need to seek out where to place the blame. The message is that all those involved must start doing something to stop the violation of suspects' human rights.

Source: http://www.nationmultimedia.com/politics/Crime-re-enactments-a-violation-of-suspects-rights-30246398.html

-- The Nation 2014-10-28

[Mosha]

It's just there way of reinforcing the stitch up.

[plachon]

A violation of suspect's rights? Is the pope a Catholic?

[terryp]

thais basically have no rights (unless they have money and influence)....aliens have even less

[mojorison]

thais basically have no rights (unless they have money and influence)....aliens have even less

But they do have big eyes, silver suits and flying saucers.

[jaltsc]

"According to the Constitution, suspects or defendants in criminal cases must be presumed and treated as innocent until proven guilty."

Seriously, has anyone in the NPO ever read the constitution, let alone know it exists?

"In response to such legal stipulations, the National Police Office (NPO) has prescribed guidelines on how to arrange press conferences and give interviews or photos to the media."

These aren't press conferences. These are photo ops showing off the directorial "skills" of the police. "Skills" which are banned in most nations around the world. The only difference is that in most nations these practices are hidden. In Thailand the results are exhibited with pride.

[Somtamnication]

All suspects paraded at a re-enactment are always found guilty.

UK bobbies can learn a lot from the Thai police!

[apetley]

Can anyone remember anyone who is hiso/wealthy taking part in a crime re-enactment?

[pitrevie]

Just where does that leaving the pointing finger is that also a violation of a suspects rights?

[Neeranam]

thais basically have no rights (unless they have money and influence)....aliens have even less

You are correct about money or /and influence but many aliens have this.

[chainarong]

Anyone with half a brain would know that until you are proven guilty by your peers you are innocent , that is the general rule of law, in Thailand the RTP gets away with anything , they would have to be the biggest legal thugs acting for the law you could imagine to meet ,nary one would pass an entrance test in the west, not one person has a kind word for this outfit , so as it stands, you are guilty until something happens to prove otherwise, wonder what that could be???

[bongoz]

"According to the Constitution, suspects or defendants in criminal cases must be presumed and treated as innocent until proven guilty."

Seriously, has anyone in the NPO ever read the constitution, let alone know it exists?

"In response to such legal stipulations, the National Police Office (NPO) has prescribed guidelines on how to arrange press conferences and give interviews or photos to the media."

These aren't press conferences. These are photo ops showing off the directorial "skills" of the police. "Skills" which are banned in most nations around the world. The only difference is that in most nations these practices are hidden. In Thailand the results are exhibited with pride.

"According to the Constitution, suspects or defendants in criminal cases must be presumed and treated as innocent until proven guilty.

The NPO has even cautioned against taking suspects to the supposed crime scene simply to point out that this was the place where the alleged crimes took place.

According to the NPO, the suspects should be taken to the crime scene only when their presence is likely to provide additional information - such as to pinpoint where ill-gotten assets have been hidden.

The NPO has explained that where it is necessary to have suspects re-enact their crimes, police must ensure that re-enactment arrangements are not done in a way that publicly shames suspects.

Clear-cut guidelines are in place. The problem lies in the implementation."

I wonder if the two falsely accused Burmese can use this as part of their defense?

[Chao Lao Beach]

What about when the victim of the theft for example goes into a police station, sometimes there are media waiting there, listening to the entire conversation, plastering the victims passport, name, suburb of residence in a forien country and job while they may mention the first name of the accused.

[Chao Lao Beach]

Oh Mr Redbull murderer, free eh

[kamahele]

A simple answer to the question in the title is, yes.

[Lupatria]

Can anyone remember anyone who is hiso/wealthy taking part in a crime re-enactment?

For example, they couldn’t stage a show like usual with the Ferrari cop killer, because the hundred illegal assembled Ferraris were not found at that time. To pump him up with booze and cocaine would have been the easy part but the re-enactment would have been too inaccurate with a VW Beetle.

[NE1]

It is no worse than western media reporting the name of an arrested man accused of rape , his picture put in the paper with full name and address , only to find the female withdraw the accusation.

Try shaking that one off.

[klauskunkel]

However, it is normal for Thai police to parade suspects before media cameras.

It has become a normal procedure because it's regularly done to deflect attention from the BiB's own criminal activities.

[wirat69]

Can anyone remember anyone who is hiso/wealthy taking part in a crime re-enactment?

Nah, they could not afford another Lamborghini!!!

[EnglishJohn]

It always looks to me that the BiB get a huge ego boost to be able to stand in front of the media circus they invite and basically say "Look what great policeman we are". All part of this bizarre 'face' thing. In their Thai logic, standing next to the accused re-enacting the crime is proof that they did it - and that they have caught them. Meanwhile the rest of the world is laughing. My favourite was Chalerm standing next to the guy with something in a popcorn bag as if that proved he was the gunman - what an idiot !.

The BBC now list their headlines with something like 'xxx is a rapist' - then you have to read the article to find out the rest which is "... according to Mr Guthrie from Newcastle". It annoys the hell out of me - cheap sensationalism which is entirely misleading and is an example of how disappointing the BBC has become in recent years.

[NongKhaiKid]

Anyone with half a brain would know that until you are proven guilty by your peers you are innocent , that is the general rule of law, in Thailand the RTP gets away with anything , they would have to be the biggest legal thugs acting for the law you could imagine to meet ,nary one would pass an entrance test in the west, not one person has a kind word for this outfit , so as it stands, you are guilty until something happens to prove otherwise, wonder what that could be???

I am sure for re-enactments and other aspects of BIB ' procedure ' the question starting " Are you willing to... ? " comes out as " You will ".

So many people here have little or no knowledge of the law or their rights and I'm sure they are never told " you are not obliged to ... "

The BIB misuse re-enactments to get all that lovely video on television of suspects doing what they are accused of and of course pointing. Look at the farce of KT where it was open house for the media and all the local villagers and two very confused young men being staged managed.

[deecee10]

Re-enactments are PR stunts for the cops and are an insult to the notion of a fair trial in court.

[JOC]

A simple answer to the question in the title is, yes.

So according to you, the animals behind the two murders of elderly Japanese men, should be able to hide behind PC and human rights??

They are beyond any rights!!

[noitom]

if there is ever a re-enactment, it's only place is at a trial by the prosecutor. Or by the defense for the suspect if they are using a re-enactment to prove innocence. A re-enactment only belongs in a courtroom. It is a clear violation of human rights. Another strike against Thailand in the eyes of the world. Thailand is a loser.

[emilymat]

Re-enactments are PR stunts for the cops and are an insult to the notion of a fair trial in court.

I agree entirely.

What also gets me about these re-enactments or appearances in the police station etc are the ranks of the cops attending. You can often see someone accused of a minor robbery (with the appropriate finger pointing) and behind stand a load of cops, often including a major general or some such rank.

It's like the Assistant Commissioner of the Met insisting on being in the photo, even though some lowly copper made the arrest.

Proves to me it's an ego trip and very damaging to the 'accused".

[JohnThailandJohn]

Can anyone remember anyone who is hiso/wealthy taking part in a crime re-enactment?

The same number that don't have a lawyer to make sure they don't incriminate themselves unnecessarily.

[WitawatWatawit]

It always looks to me that the BiB get a huge ego boost to be able to stand in front of the media circus they invite and basically say "Look what great policeman we are". All part of this bizarre 'face' thing. In their Thai logic, standing next to the accused re-enacting the crime is proof that they did it - and that they have caught them. Meanwhile the rest of the world is laughing. My favourite was Chalerm standing next to the guy with something in a popcorn bag as if that proved he was the gunman - what an idiot !.

The BBC now list their headlines with something like 'xxx is a rapist' - then you have to read the article to find out the rest which is "... according to Mr Guthrie from Newcastle". It annoys the hell out of me - cheap sensationalism which is entirely misleading and is an example of how disappointing the BBC has become in recent years.

The BBC - and any other professional news organisation - would never say 'xxx is a rapist'. Such direct accusation is regarded not only as libellous, but also contempt of court. Even in Thailand the press try (not always very successfully ) to stick within media council rules on this. Hence the liberal sprinkling of the word "alleged" in crime stories.

But you are right about the reenactmentsand the "pointing" press conferences. I know (from close connection to this) that it is automatically arranged for the senior officers to be included in photos, while junior ranks negotiate behind the scenes to be included as well. Crime reenactments are purely for propaganda purposes - firstly because, as you rightly say, it tells the world "what great cops we are". Second, it reinforces the image of the all powerful copper in the eyes of the less influential. An obscene number of suspects paraded in public are mere scapegoats - the public knows this, and so the police are basically saying to them, we can do what we like, and here's the proof, so bow down to us.

[fab4]

A simple answer to the question in the title is, yes.

So according to you, the animals behind the two murders of elderly Japanese men, should be able to hide behind PC and human rights??

They are beyond any rights!!

Disregard the emotion involved in the case, then please explain what possible benefits a re-enactment adds to a trial (apart from pre ordained bias)? A classic (and on this forum, no doubt controversial) example of pre-trial bias was the re-enactment involving the alleged "black shirts" where they were dressed up all in black, complete with balaclavas, and to top it all off, a piece of red material tied around their arms (to cement in the minds of the hard of thinking that these people obviously had links to the UDD "redshirt" movement). Now if that's not prejudicial, I don't know what is.....................

[xygote]

A simple answer to the question in the title is, yes.

So according to you, the animals behind the two murders of elderly Japanese men, should be able to hide behind PC and human rights??

They are beyond any rights!!

.......not until they are PROVEN guilty.

I agree that the case, as reported, looks very damning but due legal process should still be followed and then, if/when found guilty in a free , fair and transparent process, of course the offenders should be punished to the full extent of the law.

[StefanBBK]

I am for some reenactments, provided those are done properly. This means to me, lead by a judge, presence of prosecutor, presence of defense lawyer, absence of press, public and witnesses.

A proper reenactment can determine if the suspect knows how the crime was committed.

Guiding suspects by the hand an making them acting out the crime as directed movie - style is a big NO.

Reenactment requires consent of the accused suspect.