Thailand’s prison overcrowding is one of the most severe problems deteriorating its justice system and prisoners’ wellbeing. Meanwhile, the emergence of Covid-19 in Thailand and worldwide reverberates the concerns and sparks the need for the country’s justice system that should be less dependent on detention and imprisonment and must seek a sustainable and optional solution.
Thailand Institute of Justice (TIJ) is acting on its continued commitment by proving adoption of restorative justice to be the sustainable and crucial solution needed to alleviate overcrowding in prisons and congestion in the court system. The move also widens access to justice in Thai society, especially in the educational sector, with the launch of the TIJ’s short film “The Missing Rock” depicting how restorative justice can erase a retributive mindset in victims and offenders.
“Restorative justice can be viewed as a component of the rule of law and as a means of widening access to justice,” said Dr. Phiset Sa-ardyen, Executive Director, TIJ, at a workshop recently hosted by the TIJ on the occasion of the 20th anniversary of UN Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters at the TIJ in Bangkok. “The core value of Restorative Justice is a human-centred approach that can sustainably lead to harmonious society. It encourages collaboration between the victim and the perpetrator in rehabilitating the harm caused and helps reduce the rate of recidivism.”
The seminar was held both on-site and online streamed via TIJ’s Facebook Live and Zoom application.
“The Restorative Justice principle is not a new trend in Thai society because Thailand is a society of generosity and forgiveness, giving those who have been convicted the opportunity to make amends,” said Prof. Dr. Kittipong Kittayarak, Advisor of TIJ. “With the cultural foundation and the community strength of Thai society, restorative justice can succeed in the Thai cultural context.”
“However, Thailand still faces many challenges hidden in the current judicial system, especially prison overcrowding. Policymakers and criminal justice officials should therefore consider and promote new judicial concepts and paradigms such as restorative justice which can be implemented via non-custodial measures.”
According to the World Prison Brief, Thailand has one of the highest incarceration rates in the world, which leads to overcrowding in prisons. Thailand’s 143 correctional facilities have capacity for 217,000 inmates as of September 2015, but as of early 2020 they housed more than 377,000 inmates. This shows that even before the Covid-19 pandemic, prisons in Thailand were already in a state of crisis.
“We should develop a favourable culture for the implementation of restorative justice as it can humanise the justice system,” amplifies Yvon Dandurand, Professor Emeritus, Criminology and Criminal Justice, University of the Fraser Valley.
“Restorative justice constitutes an efficient preventative measure for the reduction of legal cases and is an efficient mechanism that authentically protects human rights,” said Prakairatana Thontiravong, Former Acting Chairperson of the National Human Rights Commission of Thailand (NHRCT). “It can empower and help victims restore their well-being, ensure effective reparations and engage the community in assisting victims and offenders in reintegrating into the community.”
“Restorative justice can be seen as an alternative to the mainstream justice system,” said Vongthep Arthakaivalvatee, Advisor of TIJ and Former Deputy Secretary-General of ASEAN “It can guarantee non-recurrence of recidivism, lead to harmonious justice and create peaceful and inclusive society, because without forgiveness, the country will have no future.”
According to a research paper titled “Harmonious Justice: Thailand’s Approach”, conducted in 2020-2021, no recurrence or recidivism ranked first among indicators of success, falling to 23.19% if restorative justice is adopted for both offenders and victims.
TIJ used the seminar to launch its short film, “The Missing Rock”, directed by Somchai Putthachandra. The film is based on the true story of a teenager throwing a rock into a van, resulting in someone dying. The teenager faced criminal charges but applying restorative justice made impossibility possible when all sides, including lawyers, court officials, police, behavioural officers, psychologists and people in communities, sat together and had open-minded discussions without a retributive mindset. They eventually found a compromise, wholeheartedly accepting a mistake, leading to satisfaction and acceptance between the offender and the parties involved with the victim.
The film is further affirmation of how restorative justice can restore relations between offenders and victims, averting criminal cases by abandoning the retributive mindset.
“Everyone can use restorative justice, but they have to reduce ego which is represented in the film by a rock in the heart,” the filmmaker said. “This enables satisfaction of both sides and leads to harmonious society.”
Ticha Na Nakorn, Director of Baan Kanjanapisek Juvenile Vocational Training Centre for Boys, said: “The inner child is pure and good but lacks experience. This alternative tool of justice can boost their willpower to do something better for society. They just want someone to forgive.”
Meanwhile, TIJ is collaborating with St. Gabriel’s Foundation Thailand to push implementation of restorative justice in the educational sector and cultivate restorative justice mindset among young generations. “We want to support the development of conscience in students for greater social harmony,” said Brother Katawut Sittichoksakul, Head of Academic Affairs at Saint Gabriel’s Foundation Thailand. “Joining with TIJ is in line with Saint Gabriel’s College’s policies on human rights and child rights.”
In terms of technology and innovation, TIJ has joined hands with the Faculty of Law of Chiang Mai University which will serve as the centre for storing restorative justice-related data and using artificial intelligence (AI) to accurately track and evaluate results of cases of adoption of restorative justice. “Creating a sense of trust is vital for the creation of the innovative platform for restorative justice,” explained Dr. Chernporn Ruangsawasdi, Lecturer in the Faculty of Law, Chiang Mai University.
Experts at the seminar also made various recommendations, including integrating restorative justice into national strategy, investing in human resources and research, and promoting interagency cooperation. Flexible judicial procedures and local participation were deemed key to success.
All handbooks of restorative justice, including research, can be viewed at www.tijthailand.org .
The short film “The Missing Rock” can be viewed on TIJ’s YouTube – “TIJ Just Right Channel”.
