Mon, 27 Oct 2003

Police fail to 'come clean' in Thailand

Amorn Wanichwiwatana, The Nation, Asia News Network, Bangkok

When the Police Department was renamed the National Police Bureau five years ago, any expectations that it would improve were quickly dashed. A spate of scandals involving misconduct, abuse of authority and corruption has continued unabated.

Recently, there have been at least three examples that illustrate how the police have failed to uphold the law and provide adequate justice to the people. These include a miscarriage of justice in the Sherry Ann Duncan murder case; police bribe taking in the much-publicized case of the so-called sex baron Chuwit Komolvisit; and suspected foul play in the death of former Bangkok MP Hangthong Thammawatana.

These examples, particularly the Chuwit case, reflect the sheer scale of corruption in the police force and surpass virtually all others in terms of the number of officers involved, from top to bottom -- not to mention the enormous amount of money changing hands.

An unprecedented number of high-ranking officers have been suspended, and dozens of others are under investigation or awaiting trial.

Police involvement in corruption is endemic in Thailand. The complexity and variety of associations between police and criminals are such that quick fixes, simple solutions and partial measures cannot be effective. It is unrealistic to expect the media alone to function as a watchdog. The police seem to assume that the media, for all its effectiveness and power, is dangerous only as long as press coverage of police corruption can be sustained before the public eye. What is needed instead is a professional watchdog with real teeth.

There clearly is a serious problem with professional ethics among members of the police force. On a casual visit to a police station, a visitor will see numerous slogans posted all over the premises. In front of every station there is a huge sign declaring "Police station at your service". Inside, officers are reminded of their duty by wall slogans exhorting them to "serve and protect".

Fine words. But they are apparently not obeyed. There is no ethical standard to refer to in the Thai police force at the moment. This is not to say that all officers are unprofessional or unethical. But the standards and procedures one might encounter are unpredictable, if they are ever discernible.

Delegation of power among police officers takes place in a whimsical and loosely-governed fashion. Often, lower-ranking individuals will be asked to deal with situations with little or no guidance, and a minimum of instruction.

Because there is often little or no formal instruction or formal delegation of responsibilities for specific tasks, accountability is never part of the work process.

In this context, it is almost certain that ignorant or incompetent officers will commit mistakes, and it is not clear how they will recognize and own up to mistakes and learn not to repeat them.

Higher-ranking officers, of course, can use their subordinates as pawns and scapegoats for unpleasant incidents or serious blunders committed in the line of duty.

Ostensibly the model for the police force is as a service- provider to the public, the actual functioning model is the military chain of command. There is no culture of individual officers taking the initiative: Lower-ranking officers act only when ordered to, knowing that if they make a mistake, their supervising officers will cover for them.

As such they have no incentive to provide equal service to everyone. Wealthy and powerful people get special treatment and are accorded a higher priority to have their problems solved because they can afford to pay bribes or return favors.

Moreover, the police force is prone to interference from politicians or influential or powerful individuals well versed in the skills of patronage.

These issues are closely related to the question of implementing due process.

Due process takes time and resources; it requires knowledge of the law, willingness to enforce the law in a straightforward manner, and maintaining a good monitoring system to ensure that police work is reliable and uniform.

It is clear that a system designed to impose, foster and maintain the ethical conduct of police officers is non-existent. To say that it is a Herculean task to reform the police force is an understatement.

There must be clear rewards for ethical behavior, preferably economic ones, and clear punishment for undesirable behavior. The police force as a service provider must be made accountable to those whom they pledge to serve: The public.

The writer is a lecturer at Faculty of Political Science, Chulalongkorn University