YEARENDER / JUSTICE
Rights, rehabilitation key to reform process
Doubts remain over whether police can clean up actONNUCHA HUTASING
Inmates stand for a roll call at Klong Prem Prison. Critics say the judicial system should be reformed to place more emphasis on preparing prisoners for life outside bars. _ APICHIT JINAKUL Reform in the justice system, which began in October, is progressing slowly, though most agree change was overdue.
Kittipong Kittiyarak, head of the Probation Department, said the justice system was no longer simply about processing cases and sending guilty people to jail.
``Officials had created their own power domains, and too much power was concentrated in the centre. Policies were in a muddle, and no one was keeping an eye on what was going on,'' said Mr Kittipong, who is a member of the panel which revamped the system.
The old judicial system simply forwarded cases from one agency to another. It was all deterrence and no rehabilitation.
Quickly, the country's jails became overstretched. Officially they can accommodate 102,627 inmates but now hold more than double that number, 252,370.
``People feel the judicial process is unreliable and they need help from influential figures. This is a dangerous sign. If we let them feel like this, social problems will intensify,'' Mr Kittipong said.
The Corrections Department, which oversees jails, has has to keep an eye on prisoners but had done little to make sure they stayed out of trouble once they left jail.
``Without help, they could end up back behind bars, in a vicious cycle,'' said former attorney-general and charter writer Kanit Na Nakhon.
Under the changes, the courts and other agents of the justice system were split from the Justice Ministry. The new stress is on public participation and protecting victims' rights and suspects' rights.
Before, the ministry comprised only four agencies _ the secretariat, the permanent secretary's office, Promotion Department and Legal Execution Department.
Now it has 14 agencies: the minister's office, the permanent secretary's office, the Probation Department, the Rights and Freedom Protection Department, the Legal Execution Department, the Juvenile Observation and Protection Department, the Corrections Department, the Special Investigation Department, the Forensic Science Institute, the Judicial Affairs' Office, the Narcotics Control Board's Office, the Anti-Money Laundering Office, the Office of Attorney-General.
Under the structure, the Judicial Affairs Office acts as a secretariat to the National Judicial Commission chaired by the prime minister. The office works with courts, police and professional organisations such as the Law Society of Thailand to write policies, correct flaws in the system, and study how to amend laws.
Mr Kittipong said the new Rights and Freedom Protection Department gave people easier access to justice services.
The department accepts complaints about injustice and invites public participation in the judicial process under the concept of restorative justice.
``In the past, there was no mechanism for communities to solve internal problems. Arrest and detention is not always the best way,'' he said.
Now, community panels mediate disputes, handle probation work, offer rehabilitation for wrongdoers and set up community warning systems.
State agencies advise on rehabilitation programmes for drug users and people convicted of family violence.
``The changes have taken seven million drug addicts out of jails and offered them rehabilitation under community care,'' Mr Kittipong said.
Another task under the reform plan is to boost the efficiency of investigations, amid complaints that police had trampled on suspects' rights.
The Special Investigation Department can revise cases where irregularities are suspected, while the Forensic Science Institute can double-check evidence.
Mr Kittipong and Mr Kanit said improvements in the justice system depended on public expectations.
``The current political situation makes it difficult for us to hope that everyone will be treated equally under the law. However, I think we are on the right track.''
Mr Kittipong said police work most closely with the public but are notorious for being corrupt.
He was relieved that a plan to transfer the police force to the ministry was ultimately scrapped.
``The Justice Ministry should focus on law enforcement rather than suppression. The ministry and police have different cultures. More importantly, uncertainty lingers about whether police can adjust their behaviour,'' he said.
Power in the police force should be devolved to local communities, he said.
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