Thai interview: 'A good time to rebuild national justice system'

[webfact]

INTERVIEW
'A good time to rebuild national justice system'
NITIPOL KIRAVANICH
THE NATION

BANGKOK: -- Making access to the justice system equal for all and demonstrating its transparency to the public, are the most important issues in reforming the system, legal expert and reformer Seree Suwanphanont says.

"We have to create a justice system that is fair to everyone, also preventing anyone from using the law to gain their own benefit or to victimise others, along with helping citizens access the legal system," he said.

Seree is chairman of the National Reform Council's panel on the legal and justice system.

In the past, Thailand's legal system was mostly focused on punishing wrongdoers. "But now we should focus on preventing crimes before they even happen. Moreover this could also play an important role in reducing [criminal] cases in society," Seree said.

"For example, earlier there were many problems [where] people could get access to guns and weapons too easily. It is our job to prevent them from buying, eradicating the source from selling or using those weapons beforehand," he said.

Seree voiced concern over cases that revealed long-running problems in the legal and justice system, in which police falsified information and built cases against innocent people.

He said these problems were due largely to poor police jurisdiction and authority that sometimes overlaps with other organisations. These uncertain boundaries make it easier for officials to intervene in a case, or for bribery by politicians or wrongdoers who want to avoid justice.

The chairman said the justice system must be able to verify jurisdictions and working areas thoroughly - such as roles in maintaining peace in society, in preventing criminal actions, and in investigating and providing witnesses for cases.

"In the justice system there was also the problem regarding investigations into cases in which one agency often held sole authority. We must fix such situations by not letting a single agency have absolute authority over a case."

Seree said the committee would propose setting up a centre to monitor government officials and police to prevent acts of corruption.

He admitted a system still existed where lawmakers can draft a law to benefit some group of people while, at the same time, suppressing others who are victims of the legal system.

In addition the legal system has to decide properly on which cases go to which courts, because there are many issues of interference between courts.

When asked about corruption issues in the political system, Seree said wrongdoers should face more severe punishment and requests for witnesses should be processed more simply.

He added that politicians found guilty in a court impeachment action should be banned for life, not only five years, and it should be made clear their actions would affect their families and relatives. Such a penalty would make an example for other politicians to be afraid of the law rather than abusing it. Seree said the NRC panel had received many complaints and requests proposing ideas from the public he had yet to scrutinise. He might draft a law to resolve people's problems, helping them at the same time to be able to observe the justice system closely.

There were many cases where people were suffering from neglect caused by legal agencies, a situation he would tackle immediately.

Seree said his committee had to listen to ideas of other related agencies on how to strengthen their performance - and he believed this was a good chance for him to rebuild and restore the legal and justice system.

"I believe our work here is very important to the people and the Constitution Drafting Committee and we have to discuss our reform plans with other subcommittees, as well as laying down a structure for Thai society and push the country forward."

Source: http://www.nationmultimedia.com/politics/A-good-time-to-rebuild-national-justice-system-30249331.html


-- The Nation 2014-12-08

[terryp]

its about time thailand moved into the modern age with Jurys..not a bunch of abusive judges who belive they are demi-gODS

Edited December 7, 2014 by terryp

[rubl]

its about time thailand moved into the modern age with Jurys..not a bunch of abusive judges who belive they are demi-gODS

In the Netherlands the juridical systems works nicely without juries. Somehow no one there feels like not having moved into the 21st century.

How to get a really political and influential groups independent juridical system is a difficult issue. Even the USA seems to have a problem with it.

http://www.nytimes.com/2014/12/07/us/politics/energy-firms-in-secretive-alliance-with-attorneys-general.html?emc=edit_th_20141207&nl=todaysheadlines&nlid=39319653

[Fred Flinstone]

Correct - it is a good time to look at Justice system.

Start with the Injustice of hijacking a country with guns

[NongKhaiKid]

Wow, reform the police and now overhaul the judicial system !

Shouldn't take longer than a couple of lifetimes.

[BSJ]

It would be a good thing if they made the judiciary less likely to be influenced by people intent on derailing justice.

[ramrod711]

Seree voiced concern over cases that revealed long-running problems in the legal and justice system, in which police falsified information and built cases against innocent people.

And accepted bribes to allow guilty people to flee the country.

[DonThaiToMe]

"We have to create a justice system that is fair to everyone, also preventing anyone from using the law to gain their own benefit or to victimise others, along with helping citizens access the legal system,"

Swap the entire RTP in other words.

[jcisco]

Correct - it is a good time to look at Justice system.

Start with the Injustice of hijacking a country with guns

I do believe it was a coup not a hijacking... the government appears to be used for its purpose as before. But hey we can get loose with language... and no i don't want to get into it.

[Thai at Heart]

And this is going to be achieved how quickly?

[WhizBang]

I think before even thinking about any kind of reforms in the justice system (or the country, for that matter), the POLICE must be REPLACED. The RTP are rotten to the core and it will not be possible to reform them. So, fire the lot and start over, with no current RTP allowed.

Until the RTP are replaced, Thailand will never move forward.

[BestBitterPhuket]

I pray they will use this opportunity to modernize and improve Thailand.

[jpeg]

It would be a good thing if they made the judiciary less likely to be influenced by people intent on derailing justice.

scales.JPG

Precisely. All this talk about reforming the judicial system when everyone and his dog can be bought off. More mollifying BS and hot air

[jpeg]

I pray they will use this opportunity to modernize and improve Thailand.

They won't.

[jpeg]

I think before even thinking about any kind of reforms in the justice system (or the country, for that matter), the POLICE must be REPLACED. The RTP are rotten to the core and it will not be possible to reform them. So, fire the lot and start over, with no current RTP allowed.

Until the RTP are replaced, Thailand will never move forward.

And then they can make a start on prosecutors, judges, immigration staff ...

[SLESQ]

Pay attention Koh Samui courts and prosecution: "Seree voiced concern over cases that revealed long-running problems in the legal and justice system, in which police falsified information and built cases against innocent people. He said these problems were due largely to poor police jurisdiction and authority that sometimes overlaps with other organisations. These uncertain boundaries make it easier for officials to intervene in a case, or for bribery by politicians or wrongdoers who want to avoid justice."

Read that again: The police have knowingly....

FALSIFIED INFORMATION AND BUILT CASES AGAINST INNOCENT PEOPLE.

This IS what the chatter and talk is all about on the streets and in social media. The world and all of Thailand knows of police corruption; the just concern and fear is that these two lads must not be the next victims. Unless the court grants the lads' defense team full and unfettered access to absolutely all that the prosecution has that supports both the prosecution and the exoneration of the two lads, justice cannot be served.

This is the case that must stand for a truly just trial, and not just another sanctioned execution to meet the desires of those who pay and receive bribes.

My own network is very limited, but many of you can reach out to thousands. Please share this posting with the world and help save the lives of these two lads.

[jaapfries]

its about time thailand moved into the modern age with Jurys..not a bunch of abusive judges who belive they are demi-gODS

In the Netherlands the juridical systems works nicely without juries. Somehow no one there feels like not having moved into the 21st century.

How to get a really political and influential groups independent juridical system is a difficult issue. Even the USA seems to have a problem with it.

http://www.nytimes.com/2014/12/07/us/politics/energy-firms-in-secretive-alliance-with-attorneys-general.html?emc=edit_th_20141207&nl=todaysheadlines&nlid=39319653

One of the biggest problem re: the Thai Judicial system is the actual "language" used in the standing Laws and in the texts used in the litigation process. It is extremely cumbersome and also very much "non-confrontational" (part of Thai culture also !), which, of course, makes for much elongated & time-consuming processes within the courts today. - The other real problem in Thailand is, of course, the question of Integrity of the many authorities involved in the legal process.

Both of these issues are very much ingrained in this society and will be extremely difficult to 'set-straight'.

However; with Gen. Prayuth's strong desires to "normalize" Thai society in general and the Thai judicial system in particular; there may just be a bright light at the end of that tunnel . . . . . . .

[Thaddeus]

And this is going to be achieved how quickly?

About the same time as my grand daughter will be ready to marry.

I don't have any children.

[Chris Lawrence]

Hope the General is paying attention.

[Tanlic]

And this is going to be achieved how quickly?

About the same time as my grand daughter will be ready to marry.

I don't have any children.

Some people will say anything to get out of paying alimony

[Strangebrew]

The system would work if Thai's took the time to think. If they truely love and respect there king they should say to themselves would the King do this? I'm saying this with no disrespect to the Royal Family I seen with my own eyes To the extent his Highness loves his country and it's citizens. Why can't the love he has be returned to all? I respect the King of Thailand even though I'm not Thai. If he is passing On road I may be walking I either get off road if possible or sit down so as not to be seen as disrespecting him. I honor the customs of Thailand Even though I may not fully understand them. Yet here I'm labelled a Farang nothing more. I try my best to speak Thai to Thai's yet I know I don't speak it well, But most Thai's Like that I try. But customs from my country filter through most Times like holding door open for a lady. I treat all the same no matter what level they are Rich or poor I treat all equal and give same respect. I been asked why you talk to security Guard he is below you. I usually How you mean below ? Don't we all work to live don't we all love? Don't we all want better for children? Then we are same in thought.

[Time Traveller]

I'm guessing the new justice system will be the same as the last. Draconian punishments for people the establishment hates. And walk free sentences for members of the inner circle - if it even goes to court.

Edited December 8, 2014 by Time Traveller

[Time Traveller]

The system would work if Thai's took the time to think. If they truely love and respect there king they should say to themselves would the King do this? I'm saying this with no disrespect to the Royal Family I seen with my own eyes To the extent his Highness loves his country and it's citizens. Why can't the love he has be returned to all? I respect the King of Thailand even though I'm not Thai. If he is passing On road I may be walking I either get off road if possible or sit down so as not to be seen as disrespecting him. I honor the customs of Thailand Even though I may not fully understand them. Yet here I'm labelled a Farang nothing more. I try my best to speak Thai to Thai's yet I know I don't speak it well, But most Thai's Like that I try. But customs from my country filter through most Times like holding door open for a lady. I treat all the same no matter what level they are Rich or poor I treat all equal and give same respect. I been asked why you talk to security Guard he is below you. I usually How you mean below ? Don't we all work to live don't we all love? Don't we all want better for children? Then we are same in thought.

oh you so silly. Ordinary Thais don't make any decisions.

[whybother]

And this is going to be achieved how quickly?

Some people say it will be done before the next election.

Edited December 8, 2014 by whybother

[binjalin]

I do agree this should be number one priority. Bring in 'precedence' and take away Judges use of their Court as their own fiefdom. The Law should be above all (i.e. no more yellow Courts) but this is a pipe dream at the moment

[rickirs]

The one simple reform for the judicial system to define "double jeopardy" as being tried for the same crime again after any court rules "not guilty." Currently, Thailand defines a "final ruling" as solely a Supreme Court decision. Prosecution can thus appeal a lower court "not guilty" verdict to the Appeals Court and, failing a conviction, to the Supreme Court for the same allegation to get a conviction. While referral to a higher court must be justified by the prosecution based on additional evidence, the bar for what constitutes additional "evidence" is very low, sometimes bordering soley a new theory or personal justification - "he must be guilty of something."

What this criteria does is place pressure on the prosecution to make its best case at the first trial. If the prosecution doesn't get its conviction in the lower court, that is the end of the allegation. This also provides prosecution transparency of evidence and a level judicial playfield for the defendent.

Another simple reform is to apply human rights and liberty to treatment of the defendent which is essentially to practice what the law would already provide. Until the court rules a guilty verdict, the defendent is presumed innocent! No perp walk or public displays with crime scene re-enactments or police finger pointing, no secret interrogation safe houses,no threats of torture, abusive intimidation, the right to immediate counsel, specificity of charge, no deferred arrests through continuous imprisonment (excluding contempt of court), use of probable cause to investigate a person for an alleged crime, etc.

Of course any judicial reform can be bypassed or rendered inoperative with a military coup and installation of a military-controlled government. The NCPO currently has absolute power over the judicial system through martial law and its Provisional Constitution. It can make warrantless arrests and opt to try a civilian in military court for which there is no appeal. Until the military respects the civilian judicial system and people's basic human rights and liberty, any fundamental judicial reform is a mockery.

[toonsai]

To rebuild you imply that it was once built...