TIJ QUARTERLY (ENG) 007

TEADL'SK \"People tend to commit crime when they do not In the conference, the TIJ also presentedhave any viable options.\" This is a concept recognized concepts and knowledge by contributing to theby a number of people in academia and at the organization of three side events; namely, apolicy-making level, and it is agreed upon that “Development-led Approach for Crime Preventionthe criminal justice process alone is not sufficient and Treatment of Offenders,” “Global Prison Trendsto build a safe society. The task rather requires 2018,” and “Reducing Reoffending: Latest Issuesintegrated cooperation across all sectors for and Efforts.”prevention, mitigation, and root-cause solutions.One of the solutions is to provide “options” for Moreover, by organizing the 5th TIJ Publicpeople, which can lead to self-improvement and the Forum on \"Sustainable Development, Crimedevelopment of the capability of the individuals in Prevention, and Safe Societies\" at the Unitedthe community, consequently leading to a society Nations Conference Centre, Bangkok, andwith sustainable development. opening up opportunities for the exchange of knowledge among experts from network partners, One of the missions of the Thailand Institute the TIJ has made a contribution to nationwideof Justice (TIJ), as an institute within the United integrated cooperation. The event emphasized theNations Crime Prevention and Criminal Justice development-led approach to crime prevention andProgram Network of Institutes (PNIs), is to be a the creation of a law-abiding culture. Correspondingly,connector between international standards and the TIJ organized a visit for the TIJ Executivepractices in Thailand and other countries within Program on the Rule of Law and Developmentthe region, specifically with regard to \"the rule of (RoLD Program) participants to Ban Kanchanapiseklaw,\" \"crime prevention,\" and the development of a Juvenile Vocational Training Centre for Boys in order\"criminal justice system\" to achieve tangible results. to help them understand the concept of \"Leave noThe institute has, therefore, been working with the one behind\" in accordance with the SDGs.government to push for a resolution on the rule oflaw, crime prevention, and criminal justice in the The TIJ, together with Thammasat University,context of the 2030 Sustainable Development Goals have also conducted studies along with collection ofin the 27th session of the Commission on Crime data nationwide under the “public survey on publicPrevention and Criminal Justice (CCPCJ) in Vienna, safety” project. This will lead to the establishment ofAustria. The resolution is to promote the prevention databases and comparisons of public safety issuesof crime while highlighting the understanding of the in Thailand, as well as build partnership networksroot causes of crime for a broad and comprehensive with various agencies regarding the issues.perspective that will consequently help with the Further, this cooperation will lead to policyestablishment of sustainable crime prevention recommendations.guidelines and solutions. Hopefully, TIJ Quarterly readers will gain useful knowledge and information that can be applied further to their field of work. Professor Dr. Kittipong Kittayarak Executive Director of Thailand Institute of Justice

OTAFBCLOENTENTS04PAGE 12PAGE COVER STORY 14PAGE TIJ PROBES06PAGE08PAGE Propelling the Development-led From Interrogation to Investigative10PAGE Crime Prevention Approach on the Interviewing—New Norms for the International Stage Revelation of Truth A resolution on the rule of law, crime prevention, Learn about the new norms for the revelation and criminal justice in the context of the 2030 of truth from Norwegian criminal investigation Sustainable Development Goals, which aims to experts. promote a broader and more comprehensive perspective on crime prevention and solutions Building a Safe Society through the than sole reliance on the criminal justice system Use of Public Safety Indicators among member countries, was approved in principle by the 27th session of the Commission The TIJ, with Thammasat University, conducted on Crime Prevention and Criminal Justice (CCPCJ). a general public survey on public perception and the fear of crime. A Look into the First Implementation 15PAGE of the Bangkok Rules in an ASEAN TIJ MOVEMENTS Prison Activities Take a look at the Class IIA Tangerang Women's Prison, Jakarta, Indonisia, the first ASEAN prison Update on the TIJ's interesting movements for to adopt the Bangkok Rules to elevate the lives of the establishment of a society that adheres to the inmates to international standards. the rule of law. HIGHLIGHTS First High-Level Conference on Sustainable Development and the Rule of Law in ASEAN The TIJ, with the United Nations Office on Drugs and Crime (UNODC), co-organized a High-Level Conference entitled \"Sustainable Development, Crime Prevention, and Safe Societies\" as a platform for the exchange of opinions across various sectors and the establishment of societies that promote social engagement. Warm Embrace of Opportunities at \"Ban Kanchanapisek\" Pay a visit to Ban Kanchanapisek Juvenile Vocational Training Centre for Boys, in Nakhon Pathom province in Thailand, and learn about the life-skills development that open up new opportunities for youth with a troubled past.

SCTOOVRERY PROPELLING THE From the 14th to the 18th of May 2018, the Royal Thai DEVELOPMENT-LED government, together with the Thailand Institute of JusticeCRIME PREVENTION (TIJ), participated in the 27th session of the Commission on Crime Prevention and Criminal Justice (CCPCJ) in Vienna, APPROACH ON Austria. During the session, Thailand raised a number ofTHE INTERNATIONAL challenging questions concerning crime prevention and the promotion of criminal justice systems for the consideration STAGE of member countries in order to propose solutions and to achieve the crucial United Nations Sustainable Development Goals (SDGs). During the world conference, which provided opportunities for member countries to suggest resolutions to tackle regional problems and overall global issues, the TIJ assumed a role in preparing a joint resolution draft for the Thai government, submitted together with the Japanese government, on the rule of law, crime prevention, and criminal justice in the context of the 2030 Sustainable Development Goals. The CCPCJ session approved the resolution in principle and will forward the resolution for the consideration of the Economic and Social Council and, subsequently, the General Assembly of the United Nations at the end of the year. The resolution on the rule of law, crime prevention, and criminal justice in the context of the 2030 Sustainable Development Goals encourages member countries to have a broader and more comprehensive perspective on crime prevention and solutions rather than relying solely on the criminal justice system, since the criminal justice system is not the only tool for crime prevention. The society must also assume an active role in this regard.4 I TIJ QUARTERLY

The development-led approach in the resolution policymaking level to the practitioner level, on promote crime prevention and the reintegration ofconsists of 2 dimensions. Regarding the first the effects of criminal proceedings while offenders through a development-led approach bydimension, the development-led approach to taking into consideration, from the initial stage addressing the root causes of crime and violence.crime prevention, the government was inspired of the procedure, the balance between the It also explored different approaches that integrateby the work of His Majesty the late King Bhumibol individual’s offense and the appropriate severity multidimensional aspects of crime, violence,Adulyadej regarding the sufficiency economy of the penalty. In the case of minor offenses, public health, human rights, and good governancephilosophy and the Royal Project Foundation, as restorative justice or non-custodial penalties with criminal justice reform policy.well as the work of the late Princess Srinagarindra. should be applied, such as community service,The royal projects stemming from the royal initiatives community-based service, or electronic monitoring. 2nd Topic: Global Prison Trends 2018have all met with success because vulnerable As for the offenders sentenced to imprisonment, a The TIJ, together with Penal Reform International,groups have been helped in terms of the root process to provide opportunities for them to launched the Global Prison Trends Report 2018 incauses of the problems, and these individuals efficiently reintegrate themselves into society order to outline key developments and trends in thehave been encouraged to provide for themselves should be established with mental preparation, use and management of imprisonment worldwide.without violating the law. The royal projects in attitude change, education, and capacity building. The report also features a special section withnorthern Thailand provide minorities with support the topic “Rehabilitation and Reintegration offor the adoption of agricultural occupations and for One of the major signs of progress for the Offenders in the Era of Sustainable Development.”growing cool-season crops instead of illegal opium development-led approach in terms of tackling It builds on the 2017 Special Focus, which detailspoppies. prison overcrowding and the reintegration of the links between Sustainable Development Goals, former inmates is the Bangkok Rules or the United and criminal justice reform, including goals on The second dimension is the development-led Nations Rules for the Treatment of Women poverty, health, inequality, and the rule of law.approach to criminal justice, an initiative for relieving Prisoners and Non-custodial Measures for Women 3rd Topic: Reducing Reoffending: Latestprison overcrowding and difficulties with the Offenders from the initiative of Her Royal Highness Issues and Effortsreintegration of former inmates that will be Princess Bajrakitiyabha, approved by the General The TIJ, in association with the United Nationsstigmatized and not accepted by the society. Assembly of the United Nations in 2010. The Thai Asia and Far East Institute for the Prevention ofThis dimension emphasizes creating awareness government, the TIJ, and their network partners Crime and the Treatment of Offenders or UNAFEI,among criminal justice authorities, from the have been cooperating to support and promote discussed the promotion of the rule of law in various the implementation of the Bangkok Rules countries. This event aimed to promote a greater nationwide and in other ASEAN countries ever understanding and exchange of perspectives since. on the issue, which align with the Goal 16 of the United Nations’ Sustainable Development Goals. Furthermore, during the CCPCJ session, The topic will also be discussed at the 14th United representatives from the TIJ, together with partner Nations Congress on Crime Prevention and agencies, have co-organized and joined three side Criminal Justice, which will be held in 2020 in events on the following: Kyoto, Japan. For more information, please vist www.tijthailand.org 1st Topic: Development-led Approach for Crime Prevention and Treatment of Offenders This event aimed at sharing experience on how criminal justice policies and practices TIJ QUARTERLY I 5

A LOOK INTO THE FIRSTIMPLEMENTATION OF THE BANGKOKRULES IN AN ASEAN PRISON After the adoption in 2010 of the Bangkok Rules or the participate in the training. The objective is to establish an United Nations Rules for the Treatment of Women Prisoners international standard for the treatment of inmates, specifically and Non-custodial Measures for Women Offenders, the female inmates, where the current number exceeds the TIJ has partnered with its network partners both in the capacity of the Department of Corrections of Indonesia public and private sectors to promote and support the to accommodate. The Indonesian government began to implementation of the Bangkok Rules in various prisons adopt the Bangkok Rules in their prisons at the beginning and correctional institutions in Thailand. This has led to of 2017 with the Class IIA Tangerang Women's Prison in the establishment of the \"Model Prison Project\", which has Jakarta as the pioneering prison to adopt an international received great cooperation from the Department of standard. Corrections of Thailand. On 2 April, 2018, Her Royal Highness Princess With the contribution of the TIJ's Implementation of Bajrakitiyabha Mahidol, the United Nations the Bangkok Rules and Treatment of Offenders Program Office on Drugs and Crime Goodwill Ambassador (IBR), the TIJ has also organized a regional training project on the Rule of Law for Southeast Asia and the since 2016 to pass on this international standard to initiator of the Bangkok Rules, visited the Class IIA other ASEAN countries. The Republic of Indonesia is one Tangerang Women's Prison and to observe the progress of the countries showing interest and is constantly sending and success of the implementation of the Bangkok Rules, officials from the Department of Corrections of Indonesia to as well as to exchange prison management experience.6 I TIJ QUARTERLY

The Class IIA Tangerang Women's Prison can As a participant in the regional training of the TIJ”saccommodate 250 inmates. However, in March 2018, it Implementation of the Bangkok Rules and Treatment ofwas holding 396 inmates, most of whom were involved in Offenders Program in 2016, Dr. Hetty Widiastuti, Headdrug-related crimes. The adoption of the Bangkok Rules of the Infected Disease Prevention Care, Directoratecovers the women’s progress, from their admission into General of Corrections, Indonesia, said that after theprison to their release. Details include information from training with the TIJ, the Indonesian government hadtheir physical and mental examination from the initial adopted the Bangkok Rules specified guidelines for theperiod, hygiene and healthcare services provided for Department of Corrections in relation to good healthcarepregnant women, mothers with children in prison, and and the environment of incarcerated women and children,rehabilitation programs such as religious activities, and established rules for the treatment and rights of femaleadvice on legal matters and human rights, health inmates. Training for corrections officials and the headscounseling, sports activities, vocational training, and art of women prisons in Indonesia were also organized, inactivities—all of which, upon release, offer the inmates addition to operational plans encouraging tangibleopportunities for self-development and a normal and implementation of the Bangkok Rules.happy life. The Class IIA Tangerang Women's Prison of Indonesia Her Royal Highness Princess Bajrakitiyabha also took is one of the examples regarding progress in the implementationpart in a discussion with prison staffs after her visit to the of the Bangkok Rules in ASEAN. It is a positive sign of theClass IIA Tangerang Women's Prison, stating the following: promotion of the human rights and dignity of inmates, while\"I would like to support the coordination and close relationship substantially preparing them to become a good citizen ofbetween the Thai and Indonesian correctional officials in the society.order to exchange views and experience to enhance prisonmanagement in the two countries. And I would like tocongratulate the Indonesian prison department on theprogress made in the Class IIA Tangerang Women's Prison.\" Mrs.HerlinChandrawati,HeadoftheClassIIATangerangWomen's Prison, addressed that the Indonesian governmentemphasized the importance of human rights in accordancewith the government policies and laws of Indonesia. As aresult, it is appropriate to adopt the Bangkok Rules withtheir emphasis on trainings and development of the humanresources of correctional institutions as well as the preparationof inmates prior to their release for the inmates' reintegrationinto the society and return to normal life. TIJ QUARTERLY I 7

HIGHLIGHTS FIRST HIGH-LEVEL The Thailand Institute of Justice (TIJ), in association with CONFERENCE the United Nations Office on Drugs and Crime (UNODC), co-organized a High-Level Conference entitled \"Sustainable ON SUSTAINABLE Development, Crime Prevention, and Safe Societies\" on 5th DEVELOPMENT AND March, 2018 at the United Nations Conference Center,THE RULE OF LAW IN Bangkok, with the mission to promote and disseminate practices in accordance with the rule of law and the ASEAN development of crime prevention and criminal justice systems, which are crucial foundations for the achievement of Sustainable Development Goals. This event also provided an opportunity for the exchange of opinions among various relevant sectors and for the development of societies that promote social engagement. The conference featured a panel of keynote speakers from world-class, regional, and Thai institutes such as Mr. Yury Fedotov, Executive Director of the United Nations Office on Drugs and Crime (UNODC), Mr. Stefanos Fotiou, Director of the Environment and Development United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP), Dr. Miwa Kato, Regional Director of the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women), Mr. Isra Sunthornvut, Secretary-General of the ASEAN Inter-Parliamentary Assembly (AIPA), Mr. Aung Kyi, Chairperson of the Anti-Corruption Commission of Myanmar, and Dr. Zin-Hwan Kim, President of the Korean Institute of Criminology.8 I TIJ QUARTERLY

In this regard, Her Royal Highness Princess \"IF WE WANT A SAFE AND SUSTAINABLE SOCIETY,Bajrakitiyabha, the United Nations Office on Drugs WE NEED TO ESTABLISH AN EFFICIENT RULE OF LAWand Crime Goodwill Ambassador for the Rule AND CRIMINAL JUSTICE SYSTEMS.\"of Law in Southeast Asia, was invited to presideover the conference. An excerpt from Her Royal MR. YURY FEDOTOV, UNODC EXECUTIVE DIRECTORHighness’s speech at the conference follows:\"It is too often the case that those concerned various related agencies. For example, the implementation of strong rules of law is essentialwith justice, security, governance, and devel- public sector should allocate budgets to as a robust foundation for the development of aopment work in isolation from one another. At monitor the progress of operations to achieve society, and stakeholders should maximize thethe same time, justice and law enforcement the SDGs as currently carried out by the impact of their collaborative work instead ofauthorities and institutions have traditionally not Canadian government. The Korean Institute of working alone. Having a mechanism to reinforcebeen engaged in social and economic development Criminology suggested the application of cooperation such as this high-level conferenceagendas. Events like this that bring these groups information technology, which is playing a great and the promotion of cooperation assessments aretogether to consider and discuss the relationship role at the present time in both the establishment important to achieve the SDGs.of the rule of law and sustainable development of the credibility of government organizations andshow that times are changing.\" the dissemination of interesting information and This first High-level Conference in ASEAN on studies related to cybercrime, terrorism, the rule of law and sustainable development was The first session of the conference, trafficking, and other transnational crimes. In a great success, with more than 200 participants“Challenges to the Rule of Law in Southeast Asia,” addition, attention should be paid to vulnerable from the network partners, including high-leveladdressed the notion that the ASEAN countries groups, especially women, through the promotion officials and key proponents of the 2030 agendaface challenges regarding various types of crime, of gender diversity in terms of progress regarding for sustainable development in Southeast Asia,from international drug trafficking to human justice specifically, since currently only a small such as the Deputy Prime Minister and Minister oftrafficking, international smuggling, and number of women are holding important positions Justice, and the Attorney General of Thailand, seniorcorruption, and different criminal justice systems in the region’s juridical process. diplomats and delegations from the ASEANhave been adopted in each country to cope counties and partnering countries, thewith each problem. Moreover, the problem of Lastly, during the third session, in which leadership of UN agencies based in Bangkokinaccessibility to justice systems due to a lack a “Roadmap for Achieving the Sustainable and other Southeast Asian countries, as well asof personal rights and the lack of the recognition Development Goals” was discussed, the the participants of the TIJ Executive Programof rights and opportunities in accessing these importance of the rule of law was emphasized on the Rule of Law and Development (RoLDsystems, as well as issues concerning poverty, since weak rules of law leads to weak economic Program).minorities, and the status of the elderly, were and social conditions in the society. Thus, theidentified. Furthermore, it was mentioned that therule of law was both an enabling factor for and aresult of sustainable development. Key players insocieties, specifically regarding judicial processes,must change their attitudes and ways of workingby not overly relying on the justice systems while atthe same time emphasizing development througha development-led approach for crime prevention.Concurrently, societies must emphasize building alaw-abiding culture as well. The second session of the conference,“The Role of the Sustainable DevelopmentGoals in Reshaping the Landscape,” addressedthe issues that the SDGs concerned inclusively-integrated cooperation across all sectors, bothpublic and private sectors, as well as among thepeople. The efficient adjustment of the landscape ofwork to the region’s justice systems and institutions,therefore, depend on the coordination among TIJ QUARTERLY I 9

WARM EMBRACE OF OPPORTUNITIESAT \"BAN KANCHANAPISEK\"\"MISTAKES IN THEIR LIVES ARE NOT The Ban Kanchanapisek Juvenile VocationalBECAUSE OF A LACK OF OCCUPATIONAL Training Centre for Boys, in Nakhon Pathom province,SKILLS BUT RATHER A LACK OF SKILLS is one of the 19 reformatories or \"children prisons\" inTO MANAGE GRIEF, LOVE, POVERTY, Thailand. However, despite being a reformatory, theANGER IN LIFE, ETC.\" place does not project the feeling of incarceration, imprisonment, or pressure but rather exudes the MRS. TICHA NA NAKORN, DIRECTOR OF ambiance of generosity and warmth for young BAN KANCHANAPISEK JUVENILE VOCATIONAL people that have made mistakes so that one day they TRAINING CENTRE FOR BOYS will have an opportunity to become good citizens of the society.10 I TIJ QUARTERLY From the beginning to the end of the rehabilitation process, Ban Kanchanapisek has exhibited a distinctive characteristic that reflects its commitment to the \"Leave no one behind\" concept. Mrs. Ticha na Nakorn, Director of the Ban Kanchanapisek Juvenile Vocational Training Centre for Boys, or \"Auntie Mol,\" shared her work approach that: \"We shall not presume that child and juvenile offenders are criminals. What the society and the state should do is consider what kind of society shapes a child to grow into this. The problem is not a mere family issue but rather a problem that requires policies, and the state should pay attention to rehabilitating and taking care of the children that will one day become the future of the country.\"

The TIJ arranged a visit for the participants screening, which offers a variety of movie genres— One of more than 100 boys at Banof the TIJ Executive Program on the Rule of from action movies to detective movies and movies Kanchanapisek, First (alias), recounted his storyLaw and Development (RoLD Program) 2018 about family and love—all of which are selected for that he was sent to Ban Kanchanapisek becauseto the Juvenile Vocational Training Centre their content that deals with problems similar to the of an offence related to guns and causing death toto demonstrate to the participants that youth's life experiences. In addition, there are the other person. He resorted to violence to solve hiscrime prevention can be achieved through activities of bedtime journal writing and newspaper problems because he felt alone in the world andrehabilitation and empowerment Programs. A lot or news reading, which provide an opportunity at the family never understood him. He was alwayscan be learned from lives of the vulnerable youth that the end of the activity for each person to exchange compared to other people’s children concerninghave been given a second chance at the reformatory. opinions on issues found in various media outlets. The everything he did and his mother did not activity should result in their subsequent knowledge appreciate his actions. When he joined a gang, On the first day of entering Ban Kanchanapisek, of vocabulary, general knowledge, a widened using violence and being the ringleader,all of the boys that have made mistakes will receive a perspective of the world, as well as allow them to he felt that he was valued and was needed bywarm welcoming embrace from Auntie Mol. express their opinions, analyse the events in their others. lives through the eyes of an outsider, and to have the Auntie Mol has stated that an \"embrace\" is a ritual experience of participating in activities with others. First continued to recount his story, indicatingand a link of relationship in order to convey that upon staying at Ban Kanchanapisek, nobodymessages to the youth that there are values within Auntie Mol discussed the activities above, felt that way anymore. First and his friends werethem, that they are worthy of love, that they have a indicating that, \"the mistakes in their lives are not able to sleep, be themselves, had rights, andchance to do whatever makes them proud, and that because of a lack of occupational skills but rather everyone respected one another. The youththeir opinions will always be heard and will carry a lack of skills in managing grief, love, and the there rarely had a brawl, as the solution for everyweight at Ban Kanchanapisek. pressures that occur. So, here, we will not focus on problem was to talk and express their opinions, which having the children study or learn occupational skills. improved their understanding of one another. First In terms of the changing process of a child What Ban Kanchanapisek does is offer movies and characterized his experience at Ban Kanchanapisekthat has been through domestic violence, both news analysis since watching movies enables the in the following:physically and mentally, to re-establish his youth to learn by widening their world perspective,\"self-respect\" and recognize his responsibilities to be able to adapt to all situations, and to compare \"I have been in Ban Kanchanapisek for abouttowards the \"society,\" Ban Kanchanapisek utilizes the themselves with the characters in order to discover more than a year and I feel that I have changedmethod of developing the youth’s potentials through what kind of person they want to become.” completely. I feel that I have created a new identity\"positive discipline\" with training, teaching, and the here. Previously, there was a constant anxiety ofrehabilitation, both physically and mentally, of those Moreover, Ban Kanchanapisek offers an getting beaten up like a sandbag but I could notthat have made mistakes. \"empowerment\" course to restore the relationships afford to show my weakness to anyone to avoid between the family and the youth, to provide an becoming a target.” In terms of physical appearance, the place does opportunity for the two parties to have a discussionnot feel like a prison. There are neither walls, doors, and to understand each other, as well as to tighten Ban Kanchanapisek is full of the love and warmthviolent penalties, nor any rules that reinforce the their relationship, which is a way to rehabilitate and of \"Auntie Mol,\" and the staff there working with thefeeling of being a delinquent. The staff do not wear strengthen the children's mind to become better youth that have made mistakes reflects faith inuniforms or act like guards but rather as helpers and citizens for the society. humanity and appears as the youth’s guiding evenrefuges for youth when needed. during the bleakest moments. In addition, the youth at Ban Kanchanapisekare given rights, unlike what can be seen at otherreformatories. For example, parents are allowed tomake visits on Sundays from 8.30 to 16.30 hrs. andshare meals with their child, and the youth can returnhome once a month for 3 days, and they have theright to go out and eat outside the reformatory.Moreover, the youth have the right to express theiropinions and to participate in activities, as well as theright to dress according to their own preferences. As for the mental aspect, Ban Kanchanapisekaims for the youth to respect human values anddignity while providing opportunities for them to learn\"life skills,\" to take part in volunteer work in order toreduce the feeling of \"we/them\" discrimination,and parents are encouraged to contribute to thechildren’s mental rehabilitation. There is also anarrangement ceremony for the youth to make anapology to the victims, injured persons, and society. The activity held at Ban Kanchanapisek thathas gained much attention from the youth is movie TIJ QUARTERLY I 11

TIJ PROBES INTERROGAFTRIOOMN What can investigators do to investigate and obtain theTO INVESTIGATIVE truth to be used for legal proceedings when human brainsNINETWERNVOIREWMSINFGO—R can be selective in terms of their memory or can recall only THE REVELATION the events from their side of the truth while at the same time there are also people that try to give false information to OF TRUTH cover up their wrongdoings? The Thailand Institute of Justice (TIJ), in cooperation with the Royal Thai Police, together with the Norwegian Centre for Human Rights (NCHR) and the University of Oslo, unveiled the secrets of criminal investigation at the Experts Roundtable Meeting entitled “From Interrogation to Investigative Interviewing” on 22nd March, 2018. The meeting featured a debate on whether the police should grant suspects the right to be presumed innocent in accordance with human rights principles. Further, in order to obtain sufficient confessions that can be used in court from the interrogation process, the information obtained must not be a result of coercion, intimidation, or body or mental torture since this can lead to invalid or inaccurate information. Dr. Ivar Fahsing, a police crime detective from Norway, the keynote speaker on the topic “From Interrogation to Investigative Interviewing,” discussed investigation processes where the police made interpretations from what they saw, which is the same as the perception of ordinary people. Therefore, when two people provide different statements, it is necessary to identify which statements are false. Prevalently practiced throughout the world from the 1980s to the 1990s, methods of investigation are means to identify lies through a number of techniques, from leading questions to repetition of the same question, lengthy interrogation, and mental coercion, in order to press the suspects to confess. Yet, to be freed from12 I TIJ QUARTERLY

The “PEACE” Model1. PLANNING AND 2. ENGAGE AND 3. ACCOUNT 4. CLOSURE 5. EVALUATION PREPARATION EXPLAIN INTERVIEWING IN Summarizing the data Processing the results of FURTHER DEPTHPhysical and mental Beginning to record Verifying the information obtained through each interview bypreparation, including the interview by positive closure evaluating the benefits of obtained without the information obtained, evidence and establishing trust with making the suspect feelinformation relevant to the interviewee through the effectiveness of as if he/she is under the investigation, and the case reasoning scrutiny. assessing the work of the inquiry officerinterrogation pressure, some suspects have had However, investigators must take into The Criminal Investigation Trainingto confess to crimes that they have not in fact account that false allegations are to be expected Program is another important stepcommitted and this has led to the incarceration throughout the process. As a result, investogators for the Thai government to elevate the levelof innocent people. are required to have the skills to make observations of the Thai police's operations through and compare stories, as well as the ability to the implementation of its practices. The However, in order to obtain quality information, find reliable witnesses and evidence in order Program should help transform Thaithe police must take into account the essence of to eliminate improbabilities. It is important to society into a safe and transparent one, withinterrogative interviewing; namely, the establishment have thorough supporting or refuting evidence equal access to the law and to create a societyof the environment and work conditions that are against presumptions so that efficient use of with sustainable development.most supportive of the verification of truth and the information during the proceedings can beinvestigation of the actual situations surrounding attained.the events, as well as establishing probabilitythrough the removal of conflicting information orevidence that indicates the falsehood of informationas much as possible. In Norway, a training program on investigativeinterviewing methods was initiated 15 years ago.The technique involves interviewing incorporatedwith advanced psychology and this techniquewas later accepted by many countries. One ofthe interviewing investigation methods is calledthe CREATIVE model: Communication, Rule ofLaw, Ethics and Empathy, Active Awareness,Trust through Openness, Information, andVerified by Research, developed from a Britishmodel called “PEACE,” shortened from: Planningand Preparation, Engage and Explain, Account,Closure, and Evaluation.”. TIJ QUARTERLY I 13

BUILDING A SAFE SOCIETYTHROUGH THE USE OF PUBLIC SAFETYINDICATORS CORRELATION BETWEEN PERCEPTION OF PUBLIC SAFETY AND CRIME OCCURRENCE IN 10 PROVINCES Percentage of Crime Victim to Total Population The Sustainable Development Goals identify 8.00 Kanchanaburisecurity and safety as the target and enabler Nakhonof continuous development that can benefit allpeople. Goal 16 regarding the rule of law and Si Thammaratthe effectiveness of the justice system not onlyincludes the indicators on crime and violence, 6.00 Chon Buribut also the indicators on the perception of Phuketsafety, which is indicator 16.1.4: the proportion ofpopulation that feels safe walking alone around Bangkokthe area in which they live. 4.00 The perception of public safety and the fear Samut Ubon Khonof crime are common topics in studies of the Prakan Ratchathani Kaeneffectiveness of crime prevention, which involvevarious dimensions from justice administration Nan Phitsanulok Percentage ofand the community to urban planning and 2.00 Insecurity Scorearchitectural design. 15.00 17.50 20.00 22.50 10.00 12.50 The perception of public safety and the fearof crime are independent from one’s personal Provinces where the perception of public safety does not correlate with the actual crime occurrencesexperience. A person can have negative (High crimes but low insecurity score)perception despite never having experiencedcrime personally. Fear usually derives from Provinces where the perception of public safety correlates with the actual crime occurancesphysical or social disorder, knowledge of crimesfrom the news, or sometimes from the person’s Provinces where the perception of public safety does not correlate with the actual crime occurrencesinability to access social capital and resources. (Low crimes but high insecurity score)Although consider by some to be just irrational‘feelings’, fear of crime has serious effect on SAMPLE PROVINCESpeople’s quality of life and economic activities,and can hinder efforts for development. 1st period (9 to 10 March 2018) Chon Buri, Samut Prakan, and Bangkok TIJ conducted a survey on the perceptionof safety and the fear of crime. The survey was 2nd period (23 March to 12 April 2018)developed in accordance with the SDG Indicator Ubon Ratchathani, Khon Kaen, Phitsanulok, and Nan16.1.4. It looks into fear of crime when a personis walking alone in the neighborhood or staying 3rd period (12 April to 2 May 2018)alone in the house, and whether the feeling is Kanchanaburi, Nakhon Si Thammarat, and Phuketdifferent between daytime and nighttime.The survey also has a supplement that ask The preliminary findings of the survey is that The project is currently undergoing avictimization experiences in four types of crimes. samples in Amphoe Mueang Khon Kaen reported detailed data analysis, in order to publish aThe sample design and data collection process the highest score of insecurity due to its busy nightlife report and use in policy recommendation. Thewas conducted in collaboration with the Faculty establishments in the area, although only a few data set will also be available to those interestedof Sociology and Anthropology, Thammasat people have actually experienced crime first hand. for further studies.University. The survey samples include 8,300households in 10 provinces across the country.14 I TIJ QUARTERLY

MTIOJ VEMENTS TIJ QUARTERLY I 15

123TIJ PROPOSES TIJ ORGANIZES FROM HEART TO HEART INSOLUTIONS FOR WORLD A PARALEGAL TRAINING PRISONS: INNER CHANGEDRUG PROBLEMS WORKSHOP IN 2018 FOR LIFE OUTSIDE PRISON From the 14th to the 16th of March, 2018, a United The TIJ, together with the Foundation for On the 25th of April, 2018, the TIJ organized aNations Commission on Narcotic Drugs Meeting was Women, Law and Rural Development (FORWARD), knowledge-sharing session for the opportunity toheld in Vienna, Austria, during which representatives and the Department of Women’s Studies, the exchange knowledge and experiences betweeninvolved in solutions to drug problems from various Faculty of Social Sciences, Chiang Mai institute officials and the Voices Behind Bars, a groupcountries discussed drug issues and the current University, held the Paralegal Training-Workshop: of experts from the \"From Heart to Heart\" project. Themeasures being applied. Women for Justice, Justice for Women 2018, project aims to rehabilitate the mental state of inmates to enhance knowledge on gender sensitivity, and to grant them opportunities for self-discovery A group of representatives from the TIJ understanding of related judicial processes and and to learn what they want in life so that they can beparticipated in the meeting, consisting of Ms. Jane laws, and to develop related skills for access to the reintegrated into the society at the end of their prisonHolloway, Head of the Crime and Development judicial process. Also, it aims to establish networks term.Program, and Ms. Chontit Cheunurah, Head of among female and male paralegals and individualsthe Implementation of the Bangkok Rules working in judicial processes, as well as to increase During the session, Ms. Auaiporn Suthonthanya-and Treatment of Offenders Program (IBR). the number of female paralegals. The target korn, the leader of the \"From Heart to Heart\" projectIn addition, the TIJ co-organized a side-event audience of the training was community leaders, facilitators, and Ms. Vijitr Wongwaree, a gendermeeting on “Women, Drug Policy and social developers, social workers, emergency studies researcher, presented and exchangedIncarceration in Southeast Asia: Mainstreaming home staff, women’s rights activists, and lawyers. information on inmate mental rehabilitationa Gendered Perspective.” The panel was joined processes. The “From Heart to Heart” project wasby Mr. Jeremy Douglas from the United Nations The training includes workshops, lectures, and initiated in September, 2013 with three goals: (1) forOffice on Drugs and Crime (UNODC) study visits to model institutes and covers gender the inmates to receive long-term mental rehabilitation;Asia-Pacific, Ms. Mary Catherine Alvarez from the ideology and sexual violence, the judicial process (2) for officials to understand that inmate treatmentsInternational Drug Policy Consortium (IDCP), and mechanism, procedures, and basic laws related require a balance between control and rehabilitation;Mr. Ernesto Cortes from the Asociación Costarricense to women. The training has been conducted and (3) for the women prison or correctionalpara el Estudio e Intervención en Drogas (ACEID). four times: from the 25th to the 27th of March, 2018 institution officials to develop mental health and in Khon Kaen province, from the 27th to the 29th primary healthcare systems to support inmates. The meeting reached the conclusion that most of April, 2018 in Chiang Mai province, from thewomen inmates in ASEAN are indicted because 11th to the 14th of June 2018 in Nakhon Pathom The essence of the “From Heart to Heart”of drug-related cases and there is an increased province, and from the 9th to the 11th of July, 2018 project lies in self-reflection, both in the understandingnumber of women inmates today. Some of the in Krabi province. of oneself and others, the practice of self-awarenesssolutions to the problem are to understand the root and the recognition of inner values, learning tocauses and pathways that led the vulnerable groups “keep up” with the society (life skills such asto committing crimes. Furthermore, vocational understanding gender systems, consumerism, thetraining before release should also be promoted social mechanisms that affect one’s identity), and toin order to create social opportunities for inmates, recognize the connection of things. The inmates thatas well as legal reforms to mitigate penalties, the join the project will learn to understand and respecterasure of criminal records after incarceration, or the themselves, and know that there is a meaning to lifeuse non-custodian measures for drug-related cases. that will strengthen their mind and prepare them for their reintegration into society.16 I TIJ QUARTERLY

4 5 6IBR WELCOMES STUDY IBR PROVIDES LIFE TIJ JOINS SEMINAR TOVISIT OF CAMBODIAN SKILLS TRAINING FOR PROMOTE NON-REPRESENTATIVES WOMEN INMATES CUSTODIAL MEASURES From the 20th to the 30th of May 2018, Between May and June, 2018, the On the 2nd of June, 2018, the TIJ participatedDr. Nathee Chitsawang, Special Advisor of the Implementation of the Bangkok Rules and in a workshop on the \"Opportunity for theTIJ and a delegation from the TIJ, welcomed Treatment of Offenders Program (IBR) of the Offenders\" (non-custodial measures) at thea group of representatives from the General TIJ, together with the Department of Corrections Miracle Grand Convention Hotel with Dr. NatheeDepartment of Prisons of Cambodia. The and the private sector, carried out the \"In-Depth Chitsawang, Special Advisor to the TIJ,delegation traveled to Thailand for a study visit Model Prison Project\" to promote and develop who joined the panel of speakers and spoke onof the Model Prison Project under the Bangkok a comprehensive rehabilitation Program for the topic “Implementation of Alternative PenaltyRules at Chiang Mai Women's Correctional women inmates. The Program aims to build the after Trial,” along with Assoc. Prof. Dr. SrisombatInstitute and the inmate rehabilitation project at ability and knowledge of the inmates, as well as Chokprajakchat, Faculty of Social Sciences andDoi Rang Open Prison, Chiang Rai province. build on the occupational skills that the inmates Humanities, Mahidol University, Dr. Thanee Worapat, already possess through business planning Faculty of Law Preedeepanomyong, Dhurakij Pundit As a result of the study visit and the courses. This is to instill in them entrepreneurial University, and Mr. Payon Sindhunawa, Deputyexchange of opinions and experiences regarding ideas for their entry into the labor market and Director of the Department of Probation. Theprison management, Mr. Heng Hag, Under tobecome a quality workforce. Further, the seminar also included a workshop on measuresSecretary of the Ministry of the Interior of Program will develop the inmates’ for imprisonment penalty avoidance before trialCambodia, and Mr. Chan Kimseng, General essential knowledge of debt management and a special lecture on alternatives to imprisonment.Director of General Department of Prisons of and related laws. In addition, it will help reduceCambodia, agreed to cooperate with the TIJ the possibility of repeat offenses and establish This workshop aimed to share experiencesto initiate the implementation of the Bangkok cooperation between the TIJ and the private on ways and methods to implement laws in orderRules project in women's prisons in Cambodia. sector on issues related to the development and to avoid or encourage alternatives to imprisonment.The project will begin at Correctional Center 2 rehabilitation of offenders at the community level. The workshop detailed imprisonment in the Thaiand will consist of two phases: 1. the observation and international context as well as non-custodialand assessment period (May to September The project’s target group is 60 women measures that have been implemented and met2018) and 2. the implementation of the Bangkok inmates per prison/correctional institute that are with success in various countries. The ultimateRules and follow-up period (October 2018 to due to be released in October, 2018. The inmates goal of this workshop is to change the ways ofSeptember 2019). under the project must be assessed by prison solving problems in compliance with international officers and deemed to have a low probability of standards—from building more prisons to reducing repeat offenses while exhibiting good behavior the number of inmates. The non-custodial measures in accordance with prison standards. Trainings will help relieve prison administration burdens under the project have already been conducted and hence reduce the violation of human rights in in 2 prisons: the Thonburi Women Correctional terms of physical and mental impacts by preventing Institute and Thanya Buri Women’s Penitentiary. inmates from becoming criminally emboldened from the so-called “prison school,” as well as being stigmatized by the society. TIJ QUARTERLY I 17

7SPECIAL: IT’S OUR ROLD“RoLD PROGRAM” The TIJ launched its second executive Journey on Regulatory Guillotine.” It can be Board of Governors of the Stock Exchange ofprogram on the Rule of Law and Development concluded that in order for Thailand to have Thailand. The lecture focused on the important role(RoLD Program) between February and July, quality laws, the rule of law is required throughout of the capital market and the cooperation of other2018. Prof. Dr. Kittipong Kittayarak addressed all processes to ensure social inclusion. With the stakeholders in related business sectors to solvethe rationale of the program, that the process of listening to the stakeholders in mind, social and environmental problems, especiallyThailand 4.0 era requires cooperation across all the voices of all groups including the marginalized through social activities for a better society or asectors in order to propel Thailand in terms of will be heard. The resulting laws are then a result of decrease in social inequality. In this regard, theeconomic, social, technological, and environmental public consent. Additionally, the rule of law aims Stock Exchange of Thailand (SET) has beenaspects. In addition, the implementation of to improve people's quality of life and to reduce supporting entrepreneurs and small investors withthe rule of law must also be emphasized. social inequality and to meet demands equally access to the capital market for example in terms across all sectors. of training platforms to provide knowledge for On the 8th of February, 2018, H.E. Dr. Suvit start-up companies.Maesincee, Minister of Science and Technology, On the 22nd of February, 2018, a lecture oninitiated a discussion on the topic “Revolutionizing “Social Impact and Capital Market” was given Moreover, the SET supports social activitiesthe Rule of Law for Thailand 4.0.” It can be by Dr. Chaiyawat Wibulswasdi, Chairman of the through corporate social responsibility andconcluded that the rule of law and social justice sustainable development activities. The mostare important factors for the success of Thailand important element for the organization of a social4.0. From the initial stages, the government has activity is that the organization’s leader believe inhad the duty to establish programs or an ecosystem and recognize the importance of social activitiesthat are conducive to the establishment of a as this will result in policymaking and work plans,fair and equal society. The difficulty with the and may lead to work process adjustments.establishment of a fair society lies in the lack Recognition and initiation at the corporate levelof attention and cooperation for change on the are, therefore, crucial since they could disseminatepart of various units in the society, from bigger the results to trade and business partners, andunits down to families and individuals. ultimately throughout the entire business sector. On the 15th of February, 2018, Dr. KorbsakPhutrakool, Minister to the Prime Minister'sOffice, along with Mr. Kitti Tangjitmaneesakda,Secretary-General of the Federation of ThaiIndustries and member of the Law ReformCommission Thailand, and Mr. Pakorn Nilprapunt,Deputy Secretary-General, Office of the Councilof State, were lecturers on the topic “Thailand’s18 I TIJ QUARTERLY

On the 29th of March, 2018, Prof. Dr. Kit- from financial institutions and had to depend on law in the international and Thai context, as welltipong Kittayarak, Executive Director of the informal loans, resulting in being exploited by as the role of democracy with its effects on theTIJ, gave a lecture on the topic “Overview of loan sharks through unfair interest rates. According promotion of the rule of law in society, and thethe Thai Judicial Reform,” addressing the re- to the governor, FinTech is a way to diversify present challenges of the implementation of theform of Thai justice systems. He explained that opportunity for access to capital sources and rule of law.the number of inmates in Thailand was among disparity reduction.the highest in the world due to the country's On the 31st of May 2018, Mr. Mechaisystems, which are geared towards criminal On the 10th of May, 2018, Dr. Surakiart Viravaidya, Founder and President of Mechaipenalties. However, good justice systems aim to Sathirathai, Chairman of the Asian Peace and Viravaidya Foundation, was a keynote speakerreduce the offence rate in order to create a society Reconciliation Council, was a keynote speaker on the “Establishment of Culture of Lawfulness inwhere people can coexist in peace. Thus, on “The Rule of Law and Conflict Reconciliation” Thailand.” According to Mr. Mechai, the cultureother measures such as alternative penalties that session. The session addressed the rule of law of lawfulness in Thailand can begin with the effortappropriately compensate for offenses should and international conceptual framework, the rule to nurture Thai children to be good and to instill inbe implemented in the justice system in order to of law in the Thai context, the rule of law and them a culture of law and orderliness. This has ledreduce prison populations. Coordination across development under the royal initiatives of to the establishment of the Mechai Pattana Schoolthe entire justice system is required on the part His Majesty the late King Bhumibol Adulyadej, as as a child-centered school. The school providesof the police, prosecutors, courts, the agencies well as the role of the rule of law in the reconciliation students with the opportunity to participate in theoverseeing offenders, and attorneys in order process to create harmony, reduce conflicts, and operations of the school, from school management,to uphold justice, find solutions, and to achieve acheive sustainable development. such as establishing a student council, to discussingincreased work integration. Additionally, all and voting on regulations, the selection of theparties could contribute to justice system reform On the 24th of May, 2018, Prof. Dr. Borwornsak courses or subjects to study, thus buildingby offering opportunities to wrongdoers and Uwanno, Chairman of the Office of Law Reform close bonds with the neighboring communities.encouraging them to become good citizens. Commission of Thailand, was invited to be a keynote Moreover, the students are nurtured to be honest speaker for the RoLD Program on “The Rule of and sharing, and are encouraged to be thinkers On the 26th of April, 2018, Dr. Veerathai Law and Democracy in Thailand.” Dr. Borwornsak and developers.Santiprabhob, Governor of the Bank of Thailand addressed the conceptual framework of the rule of(BOT), exchanged ideas with the participantsof the \"Conversation with the Governor\" session.Dr. Veerathai mentioned that, with its importantrole in the Thailand 4.0 era, FinTech is analternative financial product that meets thedemands of the SMEs and low-income earnersthat previously could not obtain financial products TIJ QUARTERLY I 19

Thailand Institute of Justice (Public Organization) GPF Building, Tower B, 15-16/F, Witthayu Rd., Pathumwan, Bangkok, 10330, Thailand Tel. +66 (0) 2118 9400, Fax. +66 (0) 2118 9425, 6 E-mail: [email protected] www.facebook.com/tijthailand.org www.youtube.com/JustRightChannelTIJ