Parole system: Courts must decide who is released early

After early release of politically powerful influential figures, calls for courts, not prison officials, to make parole decisions.

CRIMINAL JUSTICE

Parole system: Courts must decide who is released early

12/09/2016
Nattaya Chetchotiros

Academics are calling for changes to Thailand's parole system for criminal offenders serving time in prison to make the system more transparent and fair.

Following the early release of high-profile and politically-connected inmates, criticism is mounting over the administration of the parole system. 

HIGH-PROFILE RECENT CASES

Two recent cases have received much public attention.

First, the release of controversial Samut Prakan politician Chonsawat Asavahame after serving about one year of his 18-month sentence for involvement in election fraud in 1999.

Second, the re- arrest of former army major and convicted murderer Chalermchai Matchaklam for breaking parole terms.

These cases have raised scepticism about the transparency of parole granted under the jurisdiction of the Corrections Department.

AUTHORITY TO GRANT PAROLE SHOULD LIE WITH COURTS

Justice Minister Paiboon Koomchaya has weighed in, instructing authorities to show why some offenders are given parole.

This is to help increase transparency and accountability in parole decisions.

The authority to grant parole should lie with a court, according to Pokpong Srisanit, deputy dean of Thammasat University's faculty of law.

Authority to grant parole currently lies with the Corrections Department's director-general of administrative organisations,

The current system is being questioned because it allows the department's chief to consider an offender's behaviour as the criteria to grant parole, he says.

Critics do not believe such criteria is suitable.

REASONS TO GRANT PAROLE

There are three reasons the court should be given authority to consider and grant parole, said Mr Pokpong. 

First, it is in line with the principle of separation of powers, he said.

A prison sentence is given by the court, so any change such as parole or probation should be considered by the court.

The Corrections Department is considered an administrative agency and its decision to grant early release of offenders could be seen as countering the judiciary.

Second, a parole hearing in court will be open and transparent, when compared with the current practice which is held behind prison walls, he said.

The prosecution, the public and the media will have access to the court process.

Finally, the victim and the community, who will be affected by an early release, will be heard in a parole hearing, he said, noting the victim is left out of the current system.

DEFENCE OF THE CURRENT PAROLE SYSTEM

However, a prison commander, who asked not to be named, has defended the parole system and the consideration process, saying it is based on strict criteria and legal requirements.

He insisted that parole is not a privilege granted to the well-to-do or high-profile offenders, and all inmates, regardless of background, receive the same treatment.

According to the prison chief, parole is limited to one-fourth of the jail sentence.

However, those who have serious health problems may be released after serving half their sentence, depending on medical opinions.

Offenders eligible for early release must be considered "A-Grade" inmates, he said.

"Parole is not granted exclusively to rich or influential offenders."

"Their cases draw attention because they are well-known."

"You can visit any prison on any day and you'll see offenders who obtain early release who are poor and have nowhere to go."

"We have to send them to social workers (social welfare workers)," said the prison chief.

The prison commander said the department does not interfere with the court's power, adding the parole process is authorised by a law and the release is approved by decree.

"It's not about their money. It goes by human rights principles," he said.

POLICE & CORRECTIONS: MORE POWERFUL THAN COURTS 

Thanee Vorpata, director of the legal research and development (R&D) centre at faculty of law at Dhurakij Pundit University, has echoed calls to overhaul the parole system.

He agreed the court should be granted power to consider parole.

According to Mr Thanee, the Thai criminal justice system is "ridiculous" as it gives police overwhelming authority at the start of proceedings and the Corrections Department at the end.

POLICE & CORRECTIONS WORK WITH COURTS BETTER

In other countries, the police and prosecution must work together in the investigation process while corrections authorities work with the court and specialists when granting parole to prevent abuse of power, he said.

"Our prisons are overcrowded. We are holding more than 300,000 offenders when they can accommodate just 100,000,'' he said.

''Unlike other countries, we don't have a transparent plan to evaluate if an offender is good enough [to be released] and we let the Corrections Department do all the evaluation work itself as part of the parole process," he added.

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