Guilty until proved innocent

On her way to a Kalasin police station on July 11, Nuttha Phirommak's heart was breaking as she thought of the predicament her 17-year-old son, Tew, was in. Police there had detained him for murdering three people and injuring three others in a gun attack.

Ms Nuttha, a 37-year-old single mother, arrived at the station at about 8pm, looking on helplessly as police ushered her son out of an interrogation room.

Upon seeing his mother, Tew told her: "Mum, please don't worry. I didn't do it. I know nothing." He was then sent to the Juvenile Observation and Protection Centre in Khon Kaen. along with his cousin No, 17. Another cousin Petch, 20, was sent to Kalasin Prison.

Police alleged the three shot six students from Huai Phueng Vocational College, killing three and wounding three, on the morning of July 10. One of the students who was injured in the attack told police that he and five others went to a night entertainment venue, leaving at about 3am on two motorcycles. On the way back they stopped at a convenience store to buy a telephone card and argued with a group of teens outside the store. As soon as they left, they were chased by three other teens who started firing at them.

Tew, No and Petch were at the same night-time venue as the victims that night to celebrate a friend's birthday. They left at about 3am. Ms Nuttha said police based their case on little more than that evidence.

CCTV footage showed three suspects riding on a motorcycle on Liang Muang Road where the shooting took place. Police initially could not find the gun used in the incident, saying at the time that the suspects probably threw it into a swamp.

Upon further investigation, the charges were dropped. Their case was one of countless throughout the Kingdom in which innocent people are charged, put in jail and forced to admit to crimes they haven't committed. Some are lucky enough to prove themselves innocent quickly, while others spend years trying to do so yet are never able to clear their names.

But even those who are able to prove their innocence are stigmatised by society, a scar that will remain for the rest of their lives.

Chuvit Kamolvisit, the founder of and MP for the Rak Thailand Party, who helped Ms Nuttha fight for compensation after the truth was revealed, said No and Petch were brought to a "safe house" where they were beaten up by police and forced to confess. Both were terrified and, in desperation, confessed to the crimes.

Petch told his mother that if he had not confessed, he could have died. "I would definitely not be able to go home," he told her.

Soon after news of the arrest was made public, Ms Nuttha and her family were bombarded with messages on online social media sites and from her own neighbours.

She said she could barely walk into her neighbourhood fresh market without being harassed. One vendor called her son "a very bad boy" and said she should not sell her vegetables to his family.

One neighbour among a group passing by Ms Nuttha's house asked her, "If your son didn't do anything wrong, why did the police arrest him?" Another asked: "Are all of your family members vicious people?" Someone else said: "We shouldn't mix with this family. They are all murderers."

Ms Nuttha said she could not eat properly during the 10 days her son remained in custody. Her head was filled with her son's questions: "Mum, when will I be released?" and "Mum, I have to appear before court, right? The police don't believe what we told them _ will the court listen to us?"

Ms Nuttha worked tirelessly to get her son and nephews out of prison. She lodged a petition with opposition MPs, contacted the media and consulted a lawyer, but her efforts bore no fruit.

Both mother and son were fraught with nerves. For Tew, staying at the Juvenile Observation and Protection Centre without knowing what was happening was "torture".

"I was so scared when I was detained there. The seniors there all know when they will leave the place but I had no idea when they would let me go. I really had no hope when I was there," Tew told Spectrum.

Eventually, however, the tide turned and the police found the actual assailants _ a discovery they made by mere chance. On July 20, two men and one teen were arrested for murdering a police officer who had attempted to arrest them for possessing illegal drugs on July 9. Upon further investigation into that case, police found that the bullet casings in the policeman's murder indicated that they came from the same gun that was used in the July 10 student shooting.

The three arrested in the policeman's killing confessed that following his murder they went to the same night-time entertainment venue as the students, got into a quarrel with them and later shot them.

Tew found out on July 20 that he could go home. He was immensely relieved.

"I felt as if a big stone has been lifted from my chest," he said.

He may have been free, but returning to school and society was another story. Tew lost his confidence and was too shy to go to school.

His mother said he did not dare to leave the house.

As examinations approached, Ms Nuttha urged her boy to go to school but he replied: "What can I do, mum? I really don't want to go."

Although his school's headmaster made an official announcement to all students that Tew was innocent, the boy's mental scars have yet to heal. He feels better now, but still refrains from going out at night and occasionally has nightmares.

A defendant in a criminal case who is proved innocent is entitled to receive government compensation. An officer at the Justice Ministry's Rights and Liberties Protection Department said that each year the department receives an average of 5,000-6,000 compensation demands per year, but only 300 to 400 are usually approved. The compensation amount is small _ victims receive 200 baht for each day they were detained and another 200 baht a day to compensate them for lost work time. Compensation is only paid when there is a court order for the suspects to be held in custody.

Mr Chuvit said that while the three boys in this case received a total of 200,000 baht in compensation from a police fund for people who are unfairly arrested and detained, other "scapegoats" receive far less. He cited the case of a taxi driver who was given 20,000 baht after being wrongly arrested for raping and robbing 16 passengers.

Wanchai Sornsiri, secretary-general of the Senate's Committee on Human Rights, Rights and Liberties and Consumer Protection, pointed out that there are many factors that lead to police making improper arrests.

Mr Wanchai, a trained lawyer with 30 years of experience in the justice system, said that when a criminal case falls under the spotlight the pressure is intense for police _ from both their supervisors and citizens _ to make an arrest. Also poor and undereducated people are likelier to be the victims of false arrests because they do not know their rights, do not have enough money to hire a capable lawyer or "do not know a big guy".

Patipol Argars, a lawyer who has helped many innocent victims, said the legal system promotes inequality. The experience and ability of the lawyers in a case may factor more strongly into a verdict than the quality of the evidence. This makes skilled legal representation of paramount importance _ and often it is a luxury poor people cannot afford.

"The standard of our lawyers must be urgently improved as lawyers provided for free by the court usually lack experience," he said.

Police officers' conduct is also often questionable, said Sarawut Sukban, a lawyer. He said police often fail to enforce the law effectively. In cases where juveniles become suspects, a social worker or a psychologist should be required to witness the interrogation.

"The problem lies with improper enforcement and compliance with the law by the authorities," Mr Sarawut said.

To stop the cycle of innocent people being railroaded for crimes they didn't commit, Mr Wanchai said both police and the general public must change. "Police need to change the way they operate, which is often not in compliance with the law. The police and society as a whole should also adjust their attitudes towards the accused to ensure that they are considered innocent until proven guilty."

Share your thoughts

Discussion 1 : 09/09/2012 at 08:42 PM
And Pol. Capt. Chalerm is pushing to execute drug dealers sooner after conviction with this system; even less chance for appeal. The main problem with this 'rush to judgement' and forced confessions is that the guilty are still in the community.
Discussion 2 : 09/09/2012 at 05:11 PM
The use of beatings to get confessions is both routine and (as shown here) highly unreliable. At the heart of the problem is the "knowledge" that the law is not something to be respected and obeyed, rather it is something plastic and full of financial opportunities.
Discussion 3 : 09/09/2012 at 02:26 PM
Take a step back and take a thought, had the police had taken the time to 'investigate' this case correctly, just maybe, maybe one of their colleagues would not of fallen foul also to the hands of the real perpetrators of the students. from iPhone application.
Discussion 4 : 09/09/2012 at 12:26 PM
Why hasn't Vorayuth Yoovidhya been arrested and held in Police custody then? that case has gone very quiet I bet theres a few bulging suitcases being handed around Bangkok as compensation
Discussion 5 : 09/09/2012 at 12:21 PM
Thailand need international help to clean up its justice system, its worst than north korea! Quickly get help from outside before its too late.
Discussion 6 : 09/09/2012 at 12:11 PM
I once taught an English course for the Thai Tourist Police. More than a few of the students complained to me about their job, saying they saw corruption all the time but could do little to stop it. Most just tried to do the best they could and look forward to retirement. The corruption was too deeply entrenched.
Discussion 7 : 09/09/2012 at 11:25 AM
"Chuvit Kamolvisit, the founder of and MP for the Rak Thailand Party, who helped Ms Nuttha fight for compensation after the truth was revealed, said No and Petch were brought to a "safe house" where they were beaten up by police and forced to confess. Both were terrified and, in desperation, confessed to the crimes." The article does not say anything about what happened to these police officers. They should go to jail.
Discussion 8 : 09/09/2012 at 11:13 AM
so how come we all disapprove of corruption and want justice for all,yet the few pt supporters argue that their leaders and paymaster are not corrupted and doing it for the people,are they blinded because their loved ones come from the north and listen to the propaganda,being spewed out and thrown a few crumbs to satisfy them,perhaps the poor from north,south,east and west should start a people movement ?
Discussion 9 : 09/09/2012 at 11:01 AM
an australian nurse on vacation here was passing a accident,she stopped to attend the injured ,only to be accused by the policeman that she caused the accident,luckily a thai person came forward to explain to this policeman that she just arrived to help ,in future in thailand she will not stop to help,a nice little earner prevented
Discussion 10 : 09/09/2012 at 10:40 AM
After some construction workers next door decided to steal some stuff from my house from the police thought it appropriate to arrest a ice delivery guy who happened to ride past even though it was obvious it had been one of the workers who had already fled to fence the stuff stolen .Just lazy police work .
Discussion 11 : 09/09/2012 at 09:37 AM
Law and Justice should mean the same thing, unfortunately they rarely do, this disparity is most evident in backward, "banana republic" like countries.
Discussion 12 : 09/09/2012 at 09:35 AM
I agree in essence with ROBINS D7 the world is full of corruption in the judiciary and police force. But also being America and having lived in various places, I can say Europe is not as bad as the US and the US is not nearly as bad as Thailand is. In Thailand, where I have been married now for about 12 years I have learned almost no Thai person wronged will even bother going to the police unless they know the their adversary does not have more money to ay the police than they do. In the eyes of most Thais there is little justice in the country and corruption is just as present as everywhere else in society. The Thai system favors the powerful and wealthy without shame, and there is greater disparity between rich and poor in Thailand. Add to the mix democracy is stifled again, and again and again and we return to the problem of a country with one foot still firmly plants in its feudal past.
Discussion 13 : 09/09/2012 at 09:08 AM
It's not a good idea to be partying at 3am.
Discussion 14 : 09/09/2012 at 08:55 AM
Very unfare. One can sue another for millions in a defimation case (just for souring someones reputation). But when ones life is ruined for wrongly accused, jailed and scars left probably for life, you get 200 baht/day while in jail only. Pathetic.
Discussion 15 : 09/09/2012 at 08:38 AM
Most of the problems you write about here are not limited to Thailand. As a retired American attorney, I know the assumption of guilt by an ignorant public is exactly the same there as you describe here, along with the disparity in the ability of the accused to afford quality defense counsel. Too many people watch the silly crime drama propaganda shows, like those on the Universal Channel or Fox Crime where the cops are never wrong and think they are experts in field. Believing the police really beat false confessions out of a detainees based on the claim by one group of detainees is both wrong and irresponsible. Also, in the West, there is no compensation fund for those wrongfully arrested and charged, and standing trial for a crime can cost the equivalent of millions of Baht (no exaggeration) for which you are not compensated, even if acquitted, and wrongful arrest lawsuits are much more difficult to win than most people think.
Discussion 16 : 09/09/2012 at 08:00 AM
Most absurd is the Thai confession premium when suspects confess, their sentences are halved. What would you do when you don't get or are given a chance to prove your guilt? Choosing between 20 years or 10 years with a confession is not a difficult choice even when not guilty. It only makes the job for the police and courts easy and increases their success ratio. Not really, though....
Discussion 17 : 09/09/2012 at 07:32 AM
The kid should receive a minimum of at least 7.5 million baht compensation for his innocence. The police involved should be removed to an inactive post at the PM's office.
Discussion 18 : 09/09/2012 at 07:32 AM
Over 30 years as a Police Officer in the UK and I have yet to see Police acting with impartiality, the publicised confessions and play acting are a joke purely a sop to the public. As for rights, from what I hear little or no rights are afforded to those arrested , especially when their arrest is based on the almost lack of evidence at best it is probably circumstantial. Innocent until proven guilty is a sound bite the Thai police use, unfortunately that is all it is, if the officer at the scene thinks you are guilty , you are trouble despite possible eveidence to the contary. A sad face of Amazing Thailand.
Discussion 19 : 09/09/2012 at 07:27 AM
let's put it this way. for poor people: guilty until proven innocent (even without evidence) for the rich, famous and powerful: innocent even if guilty (with very strong evidence)
Discussion 20 : 09/09/2012 at 06:17 AM
It is strange that any court ever accepts a confession as evidence when they are well known to be unreliable indicators of guilt. With such incompetence at that level, does justice have a chance in Thailand? Perhaps what is desperately needed is an overhaul of the judicial system that has for decades put its stamp of official approval on the injustices of police and other officials.
Discussion 21 : 09/09/2012 at 05:14 AM
As I understand it, representation is also ineffective but usually delayed to such a degree that a defense can hardly be mounted. And then you have one opportunity to plead guilty and have an unknown sentence cut in half or face a court that is in a hurry to get to lunch and is not too concerned with evidence. The taxi driver is another case in which real facts made little difference when the authorities had a nice ribbon tied on the case and didn't want to hear anything to unwrap it.

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