Justice Minister Tawee Sodsong has defended a new regulation that allows convicts to be detained outside of prison, amid concerns that it might benefit convicted former prime minister Yingluck Shinawatra.
The Department of Corrections proposed the regulation to alleviate prison overcrowding as the system can only accommodate 150,000 to 160,000 inmates, Pol Col Tawee said on Tuesday.
According to the department, the current prison population nationwide is about 220,000.
Pol Col Tawee said the regulation is viewed as an innovative solution as it also designates hospitals as detention facilities for sick inmates and is in line with Sections 33 and 34 of the 2017 Corrections Act.
Under the Act, alternative detention facilities must not be seen as offering convenience to inmates while providing them with rehabilitation or career training.
He said the regulation had nothing to do with Yingluck, who was sentenced in absentia to five years in jail by the Supreme Court’s Criminal Division for Persons Holding Political Positions on Sept 27, 2017, for failing to stop fraudulent and corrupt sales of rice.
Yingluck fled the country shortly before the court handed down the jail sentence.
“The Ministry of Justice is not aware of any developments regarding reports of Yingluck’s alleged plan to seek a royal pardon,” Pol Col Tawee said.
He said the guidelines and eligibility criteria for inmates who may be detained outside of prison have been completed and will be reviewed by the Corrections Board, which includes representatives from various agencies such as the Office of Attorney-General, the courts of justice and local authorities.
The guidelines do not specify how many years an inmate must have left on their sentence to qualify for alternative detention.
He noted that each prison will review inmates’ behaviour to make a decision.
However, he said those eligible for alternative confinement might include sick inmates, those over 70 years old, or pregnant inmates.
Pol Col Tawee said he was not responsible for drafting the criteria, and each prison will decide on suitable locations for alternative detention facilities.
‘We need transparency’
Former Democrat leader Jurin Laksanawisit on Tuesday demanded to know if those convicted of corruption and malfeasance under Section 157 of the Criminal Code — such as Yingluck — would qualify under the regulation.
“We need transparency to avoid further divisiveness caused by another convict receiving preferential treatment,” he said.
Speculation has been rife that Yingluck might consider returning and submitting to the justice system, given how well that worked out for her brother, former premier Thaksin.
Thaksin, 75, returned to Thailand last August after 15 years of self-exile, having jumped bail and fled the country in 2008.
The day he returned to Bangkok, he was sentenced to eight years in prison — later reduced to one year under an earlier royal pardon — for conflict of interest and abuse of authority while in power from 2001-06.
He never spent a night behind bars but instead spent six months in Police General Hospital. He qualified for parole in February based on his age and health condition and the fact that he had served half his sentence.
His parole officially ended on Aug 18, a few days ahead of schedule, after he was included in another royal pardon.