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Justice Minister Tawee Sodsong Implements Alternative Detention Law Amidst Debate on Yingluck Shinawatra’s Eligibility

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Justice Minister Tawee Sodsong has ardently championed a new regulation that permits convicts to be detained outside conventional prison walls, seeking to curb ballooning prison populations—a move that has ignited public debate, particularly over its potential advantages for ex-premier Yingluck Shinawatra. The Department of Corrections crafted this regulation to address overcrowding, as the current prison infrastructure has a maximum capacity of 160,000, although it currently houses about 220,000 inmates.

On Tuesday, Pol Col Tawee elucidated that the prison population crisis called for creative solutions. Under the new rule, facilities like hospitals can now serve as detention centers for ill inmates, aligning with Sections 33 and 34 of the 2017 Corrections Act. These sections stipulate that alternative detention arrangements should not feel like a luxurious escape but instead should provide rehabilitation and career training opportunities.

Strongly dismissing any connections to Yingluck, who received a five-year prison sentence in absentia from the Supreme Court’s Criminal Division for Persons Holding Political Positions in 2017 over a fraudulent rice sales scheme, Pol Col Tawee emphasized that the new regulation is entirely unrelated to her case. Yingluck had fled the country just before her sentencing.

“The Ministry of Justice is uninformed about any alleged plans by Yingluck to seek a royal pardon,” Pol Col Tawee remarked, underscoring the neutral intent behind the regulation. He also noted that the guidelines and eligibility criteria for inmates eligible for external detention have been finalized and will soon be vetted by the Corrections Board. This board consists of members from various prestigious entities, including the Office of Attorney-General, the judiciary, and local authorities.

Interestingly, the guidelines do not specify the remaining sentence duration required for eligibility. Each prison will review the behavior of inmates to determine their suitability for alternative confinement. Those who might qualify include inmates who are sick, elderly (over 70 years old), or pregnant.

Tawee clarified that he was not involved in drafting these criteria and that decisions about suitable locations for alternative detention facilities would be made by each prison independently.

Meanwhile, former Democrat leader Jurin Laksanawisit has called for clarity, particularly concerning whether individuals convicted of corruption under Section 157 of the Criminal Code, such as Yingluck, would benefit from this new regulation. “We need transparency to prevent the kind of favoritism that leads to further societal division,” Jurin insisted.

Speculation has swirled around Yingluck potentially returning to Thailand and confronting the justice system. This buzz follows the example set by her brother, former premier Thaksin Shinawatra, who returned to Thailand last August after 15 years in self-imposed exile. Thaksin had fled the country in 2008 after jumping bail. When he returned to Bangkok, he was sentenced to eight years in prison for conflict of interest and abuse of authority during his 2001-2006 tenure, which was subsequently cut to one year through a royal pardon.

Thaksin never spent a night in a conventional prison cell but was instead confined to the Police General Hospital for six months. He qualified for parole in February, largely due to his age and health conditions, as well as having served half his sentence. His parole came to an official end on August 18, a few days ahead of schedule, thanks to another royal pardon.

Transparency and fairness remain at the heart of this issue, with public sentiment divided and the scrutiny from various quarters intensifying. The execution of this regulation will be watched closely, its impact potentially shaping Thailand’s prison reform landscape for years to come.

31 Comments

  1. Emily R. August 27, 2024

    This regulation could actually help reduce prison overcrowding, which is a serious issue.

    • SkepticalSam August 27, 2024

      Sure, but let’s be honest—this is just a loophole for elites like Yingluck to avoid real punishment.

      • Emily R. August 27, 2024

        But Pol Col Tawee said the regulation isn’t related to her case. We need to give it a chance before assuming the worst.

      • Rick P. August 27, 2024

        Yeah, and politicians always tell the truth. This is clearly about protecting their own.

  2. Tommy G. August 27, 2024

    Why should inmates get luxury accommodations? It’s called jail for a reason!

    • Anna L. August 27, 2024

      It’s not about luxury; it’s about humane conditions. Plus, hospitals for sick inmates make sense.

      • Tommy G. August 27, 2024

        Still feels like they’re getting special treatment, especially high-profile prisoners like Yingluck.

      • James77 August 27, 2024

        The criteria are clearly defined. If it helps in rehabilitation and post-prison reintegration, then it might be worth it.

  3. Sophie M. August 27, 2024

    I think alternative detention could actually work well for elderly or sick inmates.

    • CuriousCat August 27, 2024

      How would this affect tax dollars? We might end up paying more for these special facilities.

      • Sophie M. August 27, 2024

        Possibly, but addressing overcrowding could also save money in the long run by reducing recidivism.

      • Economist123 August 27, 2024

        Alternative detention might reduce healthcare costs in prison but it’s a complex balance.

    • OldTimer August 27, 2024

      This won’t change anything. Corruption is too embedded in the system. Yingluck will walk free.

  4. OpinionatedOlive August 27, 2024

    The new rule sounds like an excuse to let political figures off easy.

    • FactCheck August 27, 2024

      But it applies to more than just politicians; it’s aimed at overcrowding. Let’s focus on the bigger picture.

    • Leo Hansen August 27, 2024

      Transparency is key. If the Corrections Board does its job right, this could be a fair system.

  5. ConcernedCitizen August 27, 2024

    If this law can help rehabilitate inmates, it’s worth considering.

    • DoubtfulDan August 27, 2024

      But how often do we see true rehabilitation versus just avoiding jail time?

  6. Lucy J. August 27, 2024

    The fact that Yingluck might return to Thailand under these conditions is outrageous. She should serve her term like everyone else.

    • John S. August 27, 2024

      It’s all speculation. Let’s wait and see what actually happens.

  7. ProReformer August 27, 2024

    This regulation could be the start of meaningful prison reform in Thailand. We need progressive ideas!

  8. Alex W. August 27, 2024

    How can we even think this is fair when ordinary inmates can’t access these benefits?

    • LegalEagle August 27, 2024

      Ordinary inmates who fit the criteria will also be eligible. It’s not just for high-profile cases.

  9. Sarah T. August 27, 2024

    Health should absolutely be a priority. Sick inmates need proper care, not just punishment.

    • Jack B. August 27, 2024

      True, but it should be regularly monitored to prevent abuse of the system.

  10. NoobMaster69 August 27, 2024

    I bet Yingluck never even sees a day in prison. Just like her brother.

    • CriticalKelly August 27, 2024

      That’s an assumption. The regulations need to be applied fairly to all inmates.

  11. Megan August 27, 2024

    Will be interesting to see how this affects Yingluck’s case. Thailand does need prison reform though.

  12. Justice4All August 27, 2024

    This regulation should have strict oversight to ensure it isn’t misused.

  13. Educator101 August 27, 2024

    Rehabilitation and career training programs are vital for reducing recidivism. Let’s focus on that.

  14. PoliticalJunkie August 27, 2024

    Anyone else think this is just a PR move to divert attention from the government’s failures?

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