Bangkok Post

Where to start on police reform challenge

- JOHN DRAPER PEERASIT KAMNUANSIL­PA SEKSAN ROJJANAMET­AKUN

The 2017 constituti­on requires police reform within a year. With such a short time-frame, those working on the reform should take a look at recommenda­tions made by the 2006-2007 Police Reform Committee (PRC) which are noteworthy, compared to the present version that suggests weak ideas including transferri­ng the RTP to the Ministry of Justice, and blanket pay rises for all grades.

According to Transparen­cy Internatio­nal, the RTP is one of the least trusted institutio­ns of the Thai state. Academic research by the RTP itself reveals it is permeated by patronage networks, permitting both formal abuses of power and corrupt informal influence, often at the beck and call of various godfathers.

As Pol Gen Vasit Dejkunjorn, PRC chairman, noted when reporting on the RTP’s state, “The Royal Thai Police is an inherited product of the country’s age-old feudalist governing system. It is strongly centralise­d, with a powerful commission­er-general at the top reporting directly to the prime minister. Originally connected with the Royal Thai Army, the RTP is vaguely regarded as ‘the fourth branch of the armed forces’.” As such, the RTP is a feudal empire in its own right, “constantly criticised for negligence, bias, abuse of power and brutality”.

The Vasit Committee was of its time, commission­ed by Gen Surayud Chulanont, and Mr Vasit had been chief of the Royal Court Police for several years. However, if Thailand is ever to truly reconcile, no administra­tion can ignore the reform attempts of yesteryear and re-invent the wheel, and the previous PRC report was praised both nationally and internatio­nally. Further, as shown by police reform in other countries, a lack of political continuity is the worst enemy of substantiv­e reform.

The PRC arose as the result of a coup. However, it was reasonably legitimate. There were, and still are, evident interconne­ctions between the police and politics, an agreement by the RTP itself to undertake reform, and widespread public distrust of the RTP. In addition, there was a high level of expertise within the PRC and a truly national consultati­on process. Therefore, the recommenda­tions of the PRC report were of high quality. Moreover, Mr Vasit himself was a relative outsider and an admired police officer.

The 2007 PRC recommenda­tions were presented in two stages. Stage one involved decentrali­sing the RTP to metropolit­an, provincial, and other police bureaus, including devolving the budgets, personnel administra­tion, transfers and promotions systems. Public participat­ion was to be enhanced through police policy committees, specialise­d multistake­holder task forces governing the developmen­t of policy in areas such as drugs enforcemen­t or drink driving in a way that Police officers perform a routine march at the Royal Thai Police headquarte­rs in Bangkok.

protects against political involvemen­t. In addition, the report called for an Independen­t Committee of Complaints (ICC) rather than an ombudsman, to provide some form of charter for public oversight of police performanc­e, instead of the present committee for complaints, which is part of the National Police Authority.

The RTP generally supports these measures as procedures flagged through RTP headquarte­rs involve laborious and lengthy paperwork. The RTP is itself active in lobbying for reform in areas such as drugs policy, and a well-funded ICC would be rapid and could protect officers from unjust accusation­s.

As a form of checks and balance to reduce the influence of station chiefs, the PRC also envisaged moving all investigat­ive procedures to an elite central investigat­ive directorat­e staffed by re-trained detectives and interrogat­ors. This would reduce the risk of the existing police culture harming investigat­ions through quasi-legal or illegal interrogat­ion methods such as torture.

As part of the second stage, nonpolice functions were to be transferre­d to other state agencies. In this regard, the present recommenda­tion to move the RTP from under the Prime Minister’s Office to the Ministry of Justice is sensible. However, this means little unless

reform involves institutin­g an independen­t prosecutio­n service, as in the UK’s Crown Prosecutio­n Service, another PRC recommenda­tion.

Another 2007 recommenda­tion was reorganisi­ng stations to develop autonomous, community-oriented policing. To increase civilian oversight, elected Police and Crime Commission­ers could be introduced for police areas, as in the UK’s Police Reform and Social Responsibi­lity Act 2011. These positions were introduced to prioritise local public requiremen­ts for police priorities, via the responsibi­lity to produce transparen­t “police and crime plans”, including allocation of budgets. Such a move in Thailand may offset criticism of local police oversight boards establishe­d under the 2004 Police Act, ie, their manipulati­on by station chiefs to build networks and obtain financial contributi­ons.

The 2007 PRC also recommende­d developing police recruitmen­t, education, and training. This requires substantia­l investment in police cadets nationally, including cross-training with forces in more developed countries and inviting trainers from other countries, as in the FBI’s present work training officers in countering human traffickin­g. The current committee’s recommenda­tion for improvemen­ts in basic salary was also made in the 2007 report.

However, without profession­alising the RTP, including the use of digital cameras for arrests and recognitio­n of achievemen­ts linked to transparen­t career progressio­n which is subject to public scrutiny via transparen­cy websites, as recommende­d by Transparen­cy Internatio­nal, little concrete progress will occur.

To address the fact that the RTP evolved out of the Royal Thai Army and is still essentiall­y a paramilita­ry force, the 2007 PRC report recommende­d eliminatin­g military ranks for non-commission­ed officers, fundamenta­l for civilianis­ing the force. Also essential is a flattening of the police hierarchy, as undertaken in the reform of the New Zealand police, thereby dismantlin­g the quasi-imperial nature of the RTP.

Long term, holistic “joined up” police reform would be achieved by establishi­ng an Office for Police Reform, responsibl­e to a more progressiv­e and less abusive National Police Commission. Given the available timeframe, the regime would be wise to enact these more comprehens­ive recommenda­tions rather than avoid its responsibi­lities.

John Draper is a member of the Project for a Social Democracy and a director of the Social Survey Centre at the College of Local Administra­tion (COLA), Khon Kaen University. Peerasit Kamnuansil­pa is a founder and former dean of the College of Local Administra­tion, Khon Kaen University.

The PRC also envisaged moving all investigat­ive procedures to an elite central investigat­ive directorat­e.

 ??  ??

Newspapers in English

Newspapers from Thailand