Despite an early morning search of Phuket Provincial Prison turning up a slew of contraband items and one inmate testing positive for drugs, the facility’s “White Prison” certification remains intact.

“We have come out of many searches like this empty-handed. This is just one during which we found contraband items and only one inmate tested positive for drugs,” said Phuket Prison Chief Rapin Nichanon.

“One search like doesn’t take away our ‘White Prison’ status.”

Chief Rapin led more than 75 officers from the prison and the Phuket Provincial Health Office on the 5:30am search.

“We tested 200 of the 2,890 inmates we have here, both male and female, for drug use,” said Chief Rapin.

“The inmate who tested positive was incarcerated on August 4. He confessed to officers that he had used ya ice [crystal methamphetamine] before he was brought to prison. We will not press additional charges against him.”

Officers found several banned items during the raid, which included a search of personal lockers, sleeping quarters, the infirmary and other areas where they believed contraband could be hidden.

“In our search we found two box cutters, one pair of scissors and one small knife. We also found 10 belts,” said Chief Rapin. “We seized all of the contraband items.”

No charges have been added for the prisoners found in possession of banned items.

“We just warned the prisoners this time, but they will be punished if they are caught again,” said Chief Rapin.

Chief Rapin said guards will carry out more mass inspections to prevent drug use and contraband among the inmates.

“We want to maintain our ‘White Prison’ status, so we will step up our searches to once or twice per month to make sure that the facility is free of drugs and contraband,” he said.

“Of course, every search will be conducted at random.”

Officers have been patrolling the grounds every day to prevent contraband from being thrown over the walls into the prison, added Chief Rapin.

“Our guards patrol the grounds 24 hours a day. Guards walk the perimeter every day before inmates leave their sleeping quarters to make sure that nothing was thrown into the prison, like mobile phones,” he said.

“We also make it clear to visitors that they could face criminal charges if they are caught sneaking in banned items for an inmate.

“We are happy to report that we have had no issues with any relatives or visitors who have come to the prison.” – See more at: http://www.phuketgazette.net/phuket-news/Phuket-prison-raid-turns-box-cutters-inmate/32484#ad-image-0

Army chief Gen Prayuth Chan-ocha told the Corrections Department Tuesday to stop collecting money earned from the sale of prison-made goods and, instead, allow the prisoners who make them to keep all of it.

National Council for Peace and Order spokesperson Pattamaporn Rattanadilok na Phuket said Gen Prayuth said he believed inmates should earn from products they make and sell at the department’s annual trade fair.

In addition to being told to reduce the number of overall inmates from the current 290,000, the Corrections Department was directed to figure out ways to produce food by itself.

Food expenses have sent the Corrections Department into the red for four consecutive years.

Miss Pattamaporn said that the NCPO on Tuesday allocated 3.42 billion baht to pay down food-related debts in 2013 and 2014. It also authorised borrowing of 890 million baht to cover ongoing food expenses.

The borrowing will be in addition to the department’s regular 2015 budget.

There are a small number of citizens of Nordic countries among some 16,000 foreign inmates in Thai prisons, according to Thailand’s Department of Corrections. As of August 2014, nine Swedes, four Danes, three Icelanders, three Norwegians and two Finns were being incarcerated pending trials or serving their sentences, said Manuch Sroypetch of Foreign Affairs sub-bureau, Department of Corrections.

“Generally speaking, inmates from Scandinavia and Finland are well behaved,” Manuch said.

Most of the Nordic citizens in Thai prisons were accused of or convicted for criminal offences, including possession of illicit drugs and credit card frauds. A few are standing trial for violent crimes, such as murder or sexual assault.

According to the Corrections Department’s latest statistics, there are about 300,000 inmates in 143 prisons throughout the country. Overcrowding is among problems that the Corrections Department has been struggling to contain.

Thai prisons use group confinement, no beds, inmates have access to mattress and not much space per person.

Lenient rules for family visits

Foreign inmates are treated no differently from their Thai counterparts.

“But for humanitarian reasons, foreign inmates may be allowed more generous family visitation as their families have to travel a long way at great expenses to see them,” Manuch said. In most cases, the family will be allowed to see the inmates in a private room that can receive 10 relatives under supervision of corrections officials.

“Family members may be allowed to see the inmate everyday during their stay in Thailand. Normally Thai inmates are allowed family visit once or twice a week.”

Inmates have access to library services, taped TV news – not up-to-date programming for security reasons. Letters are censored by prison officials. But inmates have the right to lodge complaints which must be sealed if those complaints are addressed to relevant authorities, such as Office of the Ombudsman or National Human Rights Commission of Thailand.

Transfer back home

Manuch Sroypetch explained that Nordic prisoners, like other foreign inmates, can look forward to being transferred back to their respective home countries after having served a minimum of one-third of their sentences in Thailand, or four years – whichever is the shorter.

Embassy officials from Nordic countries are in regular contact with Thai authorities in ensuring general wellbeing of their citizens and in safeguarding their rights to apply for transfer back to their home countries.

At present, there are no pending transfer requests from Nordic citizens in Thai prisons. Thailand’s Department of Corrections is keen on prisoner transfer because of language barrier that makes communication difficult. Besides, skill training on offer used as rehabilitative measure may not be relevant when inmates leave prison and go back to their home country.

Thailand has signed bilateral prisoner transfer treaties with Sweden, Denmark, Norway and Finland, along with 31 other countries. To date, 15 Swedes, three Danes, and one Norwegian have been repatriated to serve the remainder of their sentences in their countries of origin thanks to the prisoner transfer treaties.

Under the arrangement, a foreign inmate who qualifies for prisoner transfer has to first give consent, then the relevant authorities in the receiving country will be asked to decide whether to take the prisoner. Next, applications and supporting documents will be submitted to Thailand’s Committee for Consideration of the Transfer of Prisoners, chaired by the Permanent Secretary for Justice, which will decide whether to grant the prisoner transfer request.

In case in which a foreign prisoner is required to pay a fine, make restitution of property, or pay compensation for the cost of damages according to a Court’s judgement in a criminal case or according to the order of a competent authority, then the foreign prisoner shall be required to make full payment of the fine, restitution of the property, or compensation for the damages before the Committee shall issue the order approving the transfer.

Depending on the provisions of the governing treaty, prisoners who are convicted of certain types of crimes (an offense against the person of the Monarch, the Queen, or the Monarch’s son or daughter, an offense against national security from within the Kingdom or outside the Kingdom; or an offense against the laws governing national art treasures) or who have less than a year of time remaining on their sentences – are not eligible for transfer.

Requirement for prisoner transfer

The inmate has already served one-third of the sentence. For example, for a sentence of 9 years, the inmate can apply for transfer after having served three years.

But if the inmate was sentenced to 20 years in prison, he or she will be eligible for transfer request after having served 4 years. That is because the Legislation Procedure for Cooperation Between States in the Execution of Penal Sentences Act B.E. 2527 (1984) says the foreign prisoner must have served a minimum of one-third of period of imprisonment, or four years, whichever is the shorter.

The inmate must have more than one year left to serve in order to qualify.

The Corrections Department under the leadership of Witthaya Suriyawong is undergoing an internal revamp, hoping raises and new leaders will fix the country’s broken prison system.

Public confidence in the department has lately taken a battering after revelations that inmates had access to contraband mobile phones and were even running drugs rings while under lock and key.

In response, Mr Witthaya has introduced a raft of new measures to combat internal corruption.

Under Mr Witthaya’s reform plan, department officials, prison commanders and correctional staff will get a pay rise to deter them from accepting bribes, which he believes are compromising prison administration.

The department is seeking updates to the Penitentiary Act, enforced since 1936, from the new government.

And drug offenders will be separated from other convicts as part of a new treatment scheme.

When that plan is ready, drug offenders will be sent to maximum security facilities at Khlong Phai in Nakhon Ratchasima, Khao Bin in Ratchaburi, Phitsanulok, Nakhon Si Thammarat, Khlong Prem in Bangkok, Chiang Rai and Bang Khwang in Nonthaburi. Mr Witthaya has placed these facilities under new management.

Mobile phones, which are prohibited items in prisons, have found their way to the inmates.

So the department is installing a system to control, manage and jam unauthorised mobile phone signals.

On the financial side, the department plans to create a business to market products, such as furniture and household ornaments, which the inmates manufacture as part of their vocational training.

Business experts will be hired to run the enterprises, with revenue shared between the inmates and the department.

Inmates released from jail will also be offered jobs in the enterprise to keep them from re-offending, Mr Witthaya said.

The department is also planning a new education programme, including vocational training, to help prepare inmates for their return to society.

Prison overcrowding is also a pressing issue, Mr Witthaya said.

“The overcrowding environment has long been a problem that the department tries to address. But due to the political instability since 2006, criminal justice policy is never assessed and no concerted efforts are made to handle the problems,” he said.

The department holds about 310,000 inmates nationwide, exceeding the capacity of the facilities, which employ about 10,000 staffers across the country.

About 70% of inmates are doing time for drug-related offences. Most were drug abusers who also traded drugs in small quantities.

The department has also proposed amending its regulations to allow the early release of prisoners for good behaviour.

They would be sorted into classes to identify their privileges, including eligibility for a pardon and suspended jail sentences.

Those eligible for early release will be screened by committees at the department and ministry level. The focus is to make sure the inmates will not pose a threat to public safety. Authorities would monitor their behaviour after they leave.

The Department of Probation is responsible for examining background checks of inmates to be released.

They will talk to the victims of the inmates’ crimes as well as the inmates’ own families when considering an early release.

Between October last year and June, 13,510 inmates were released on probation while 18,147 inmates had their stays in prison shortened with the result they will walk free sooner.

Mr Witthaya said that to qualify for early release, an offender must have served no less than one-third of his or her sentence and be at least in the so-called “good” class.

Also, the time left to serve must not exceed five years, and he or she must be a first-time offender.

Early releases of drug offenders take into account extra conditions, such as the amount of drugs seized: The amount must not be more than 5g of heroin, 50g of opium, 10kg of fresh marijuana, 1kg of dried marijuana, and 200 methamphetamine pills.

Those rules are there to protect the public and maintain their confidence in the criminal justice system, Mr Witthaya said.

Iron bars may limit the freedom of inmates, but they have failed to keep them from carrying on the drug dealing that put them in the facilities in the first place.

Large prisons in recent years have turned from correctional facilities into the nerve centres for distribution of drugs, with several high-profile convicts refusing to give up the illicit trade even once incarcerated.

Advanced communication technology has torn down the prison walls intended to keep the inmates away from the outside world. Mobile phones have become a prized tool of necessity for the inmates.

Mobile phones are smuggled into the prisons by various, sometimes bizarre, means. Authorities have reported a contraband device being lodged inside the rectum of a transvestite hired by a fellow inmate to hide the phone. The smuggler was caught and the hidden item fell out when he was made to do a squat jump by suspicious warders.

Some mobile phones were air-dropped by drones or simply sling-shot or tossed over the prison walls. They were also stuffed inside footballs, tennis balls and soft drink cans. Prison staff have caught people inserting a mobile phone SIM card into a steak relatives delivered to the inmates.

The smuggling of the phones would not be successful without the help of prison staff who are paid to look the other way. They also claim a cut from the fortune made in the drug trade, effectively making them retainers of the convicts.

The phones thrown or propelled over the prison walls are collected by prison officials who hand them to the inmates. They do not land very far from the walls.

The active intra-drug dealing network is headed by big-time inmates or convicts, many of whom are on death row or serving life sentences. Drug crimes are regarded as among the severest forms of offence and are punishable by a lengthy jail term, life sentence or even death.

At the top of the drug dealing chain are inmates or convicts, many of whom are drug kingpins. They pick up the phones smuggled in for them and place orders for the illicit drugs from suppliers, many of whom are based across the borders.

As the drug trade is fiercely guarded and conducted on the basis of personal trust, the suppliers and traffickers are more inclined to do business with the dealers they know, even if they are behind bars.

The drug-dealing prisoners fall into four groups according to their levels of influence and acumen, which dictate the amounts of drugs, mostly methamphetamine or ya ba, they can order from suppliers.

The biggest names, or jek pua, can order up to 5 million speed pills at a time while the lesser-known drug convicts or inmates, known as kor pua, reserve a maximum purchase quota of 300,000 tablets per order.

The nor pua, on the other hand, belong in a tier where their order ceiling goes up to 100,000 tablets a time. The lowest ranks are the sa pua who can order a small amount of methamphetamine or other drugs.

One of those in the jek pua hierarchy is the notorious Klong Toey drug kingpin Sayam Sapworasit, alias Parp 70 Rai. He was sentenced in 2004 by the Criminal Court for laundering between 200 million and 500 million baht in profits from the drug businesses.

The drug trade involving inmates requires multi-party collaboration. The inmates have been in the trade long enough to know who wants what drugs.

The inmates would phone drug suppliers and arrange for couriers to deliver the drugs to customers. The customers pay a “cashier”, who may be the inmate’s relative, who opened proxy bank accounts to receive the payments.

A portion of the money wired to the accounts is used to settle the bills with the drug suppliers. The drug kingpins keep the couriers and the cashiers separate. If they knew one another, the “drug trading loop” would be complete without the kingpins, which would make them dispensable in the trade.

As of Aug 1, the nation’s jails held 236,267 prisoners. Of these, 70% faced drug or drug-related charges and of them, an estimated 800-900 are major drug traders, including the kingpins who continue to trade in drugs behind bars.

Some convicts jailed for murder have joined drug dealing inmates. Some who have served their time are also drawn back to drug gangs after they are discharged.

An investigation has uncovered hundreds of thousands of baht passing through each drug inmates’ bank account in a single day. One drug trader in the Northeast opened more than 30 accounts held in the names of proxies.

The source said the inmates usually make phone calls or send short messages at night when they retire to their cells. Overcrowding has resulted in a lax internal surveillance, allowing the remote ordering of drugs to thrive.

Authorities have raided the maximum-security Khlong Prem Prison and large provincial prisons at Khao Bin in Ratchaburi, Nakhon Si Thammarat, Ayutthaya and at Khlong Pai in Nakhon Ratchasima.

They discovered many proxy bank accounts had been opened in the names of relatives of the drug trader inmates. The five prisons, along with the Bang Kwang and Rayong prisons, have been under close surveillance.

Each year, 3,000 mobile phones are seized from inmates from the major prisons. Entry-level phones which normally sell for a little more than 1,000 baht apiece cost 10 times more when they reach the prison. A sophisticated smart phone is known to have changed hands for 1 million baht.

Prison staff have been arrested for turning a blind eye on the illegal activity. Gen Paiboon Kumchaya, the deputy chief of the National Council for Peace and Order, has visited prisons after hearing drug dealing was taking place with the connivance of prison staff.

He has ordered a drastic prosecution of wrongdoers. The council also insisted there must be “zero” drug dealing in prisons.

The Department of Corrections has dismissed 13 prison officers on charges relating to smuggling drugs and mobile phones into prisons, the department chief said yesterday.

The 13 fired consisted of both senior and junior officers, said Witthaya Suriyawong, director-general of the department.

Three of them have been arrested and charged for possession of drugs, while 10 others are being investigated for smuggling drugs and phones into prisons, he said.

Another officer was sacked after he abandoned his work for more than 15 days, Mr Witthaya said.

The officers lost their jobs after disciplinary probes into their alleged misconduct found them guilty, he said, adding that seven also face charges for alleged involvement in prison drug rings.

Over the past six months, nine prison officers have been dismissed after they were either proved to have been involved with drugs or arrested by police in drug cases, Mr Witthaya said.

Seven other prison officers were fired for abandoning their duties, while 51 have been transferred to other prisons because they were suspected of involvement in drug-related misconduct.

The department is accelerating its disciplinary probes against the officials so that punitive action can be taken, Mr Witthaya said.

The department’s resolution to dismiss the 14 officers was a clear message to other civil servants that the department had begun to get tough on those involved with drugs, he said.

Aside from implementing tough measures against prison officers involved with drugs, the department was overhauling its eight maximum security prisons to adjust the proportion of those convicted for serious crimes to ease the prisons’ workload, Mr Witthaya said.

A little girl in a blue dress and her playmate in yellow were seen behind the wire at Phuket Prison when authorities conducted a raid before dawn today.

Five children – two boys and three girls – are allowed to spend nights with their mothers at the jail, which is now overcrowded to bursting to the point where officials for the first time today restricted media access in case of trouble.

The numbers contained tightly in a facility built for 750 are shocking. According to latest figures, the 110-year old prison now contains 2914 inmates and at nights, the five children.

Tomorrow there will be a little relief when 50 prisoners are sent north to alternative cells in a jail closer to their homes in the Isarn provinces of Thailand.

Most of the 2453 male prisoners on Phuket are being held awaiting trial or serving terms related to drugs. Those awaiting trial mix with those who have been convicted.

Among the prisoners are 45 foreign men and three foreign women, along with 113 Burmese.

Another 58 inmates are held in the less secure facility at Bang Jo in central Phuket, where the new, modern facility is to be built, a day that cannot come fast enough for prisoners who now struggle for every square centimetre of sleeping space.

Phuket Governor Maitree Intrusud led today’s raid and appeared to have an engaging conversation with Hungarian Moshe David, who is awaiting trial for allegedly murdering two fellow Hungarians, one on Phuket and the other on Samui.

Today’s raid involved 85 police, 20 Navy personnel, six Army personnel and 22 staff from Phuket Province. Public Health nurses performed random drugs tests on prisoners.

Dawn raids take place at least twice a year, and sometimes more frequently. Today’s raid followed one less than a month ago.

The 1150 million baht budget for the new Phuket Prison to hold 5000 inmates has been approved. Once a contractor has been appointed, construction will take three years.

The overcrowded Phuket Provincial Prison maintained it’s unblemished White Prison status despite dirty magazines, as well as other contraband, being turned up in a pre-dawn raid this morning.

“We searched all possible places that inmates could be hiding contraband and found three adult-content magazines, two pairs of box cutters and a leather belt,” said Phuket Prison Chief Rapin Nichanon.

All the items – including the adult magazines – were confiscated, Mr Rapin said.

No charges were brought against those prisoners found in possession of the contraband.

As part of the inspection, 340 inmates – 250 males and 90 females – were selected at random to be tested for drugs.

“None of them tested positive,” Mr Rapin said. – See more at: http://www.phuketgazette.net/phuket-news/Phukets-White-Prison-status-untainted-porn-cache/34783#ad-image-0

The Corrections Department has come up with an idea to turn its prisons into centres for inmate learning and skills training.

Department chief Witthaya Suriyawong yesterday said the training programmes at the department’s 143 prisons nationwide need to be revamped based on their strong points in particular learning fields.

Thon Buri Remand Prison was known for its outstanding traditional art skills which were applied in making crafts such as classical dance head attire, while Maha Sarakham Prison could become an education-focused prison with inmates taking part in long-distance learning classes offered via satellite by Wang Klai Kangwon School in Prachuap Khiri Khan’s Hua Hin district, said Mr Witthaya.

That school has been operating its long-distance learning programme since 1996.

Inmates from the nearby northeastern provinces of Khon Kaen and Kalasin would be transferred to the Maha Sarakham prison to attend the long-distance learning classes, as those prisons are not equipped to handle distance-learning classes.

Inmates would take part as students from a remote location and be graded on assignments set by the school, with teachers and prison staff aiding the teaching process.

However, inmates wanting to enroll in the course must sit an exam before they are admitted, he said.

Any prison able to offer activities such as sports could join the scheme, Mr Witthaya said.

Kanok Karunamit, director of Thon Buri Remand Prison, said it houses 6,000 inmates and had 200 wardens. Most inmates were serving time for illicit drugs.

The prison holds activities for inmates including boxing, cooking, shoemaking and traditional arts training.

Inmates have produced 10 different traditional handicrafts and elaborate art items for which the prison is famous.

The products have been put on sale and earn more than 500,000 baht a year for the prison, said Mr Kanok. Some 100 inmates have received the crafts training.

Mr Witthaya said the number of prisoners nationwide sits at 350,000. Prisons across the country only have room for about 200,000 inmates.

Mr Witthaya said inconsistent government policies were partly to blame for overcrowded prisons as crime rates have increased and offenders end up in jail.

The rising inmate numbers have also led to increased smuggling of prohibited items into prisons, particularly mobile phones that have been used by inmates to make drug trades behind bars.

Authorities have imposed a jail term of up to five years on inmates or wardens found smuggling banned items into the prisons.

However, mobile phones and other prohibited items were still being smuggled in.

In the past three months, attempts had been made to smuggle a total of 1,322 mobile phones into the prisons and officials intercepted 278 of those mobile phones, Mr Witthaya said.

During the same period, a total of 9,956 methamphetamine pills had been seized as they were being sent into prisons.

The department has moved 800 out of 1,000 major drug inmates to eight maximum security prisons, he said.

It also has sought 340 million baht from the government to expand prisons to handle rising inmate numbers.

The Justice Ministry yesterday ordered a major reshuffle of the 23 chiefs of major prisons across the country on October 1.

Acting Justice Minister Charnchao Chaiyanukij signed the ministerial order for the reshuffle.

Sorasit Chongcharoen, chief of Bangkok Remand Prison, will become the head of Bang Kwang Central Prison, swapping roles with Ayut Sinthapapan.

There will also be a change of leadership at Min Buri Special Prison.

Prisons in the following provinces will also see leadership changes – Ubon Ratchathani, Nakhon Sawan, Nakhon Phanom, Nakhon Ratchasima, Kalasin, Surin, Lop Buri, Ayutthaya, Phitsanulok, Chon Buri, Phrae, Kamphaeng Phet, Suphan Buri, Pathum Thani, Samut Sakhon, Ratchaburi, Suphan Buri, Phatthalung and Songkhla.

Meanwhile, Corrections Department director-general Witthaya Suriyawongse has signed an order to reshuffle five provincial prison chiefs.

Nassathi Thongpralard, the head of Chai Badan District Prison, has been named Nong Bua Lamphu provincial prison chief while Somsak Tiangtrakulthong, of Lang Suan District Prison, has been appointed Krabi provincial prison chief.

Prisons in Nan, Maha Sarakham and Uttaradit will also see changes.

Witthaya also appointed 47 acting district prison chiefs to replace the current prison bosses.

In another development, Interior Minister General Anupong Paochinda said the ministry would promote deputy provincial governors and deputy director-generals of departments to become governors in 18 provinces within 40 days. Four people will also be promoted to become inspectors.

The move follows the pending retirement of current officials retire at the end of the month and transfers in the previous reshuffle by the ministry.

Anupong started working at the Interior Ministry last Monday and the following day the proposed reshuffle of C10-level officials was presented for Cabinet to consider.

The Cabinet approved the transfers of 37 C-10 officials the same day. The moves affected Phirasak Hinmueangkao, who had been set to become director general of the Lands Department.

Phirasak has been appointed Nakhon Si Thammarat governor.

Soon individuals who were wrongly imprisoned or victims of serious crimes will be able to lodge a police complaint and simultaneously file for compensation with the Rights and Liberties Protection Department.

Department chief Pol Colonel Narat Sawetnan said he would meet Police chief General Somyos Phumphanmuang on October 1 and ask him to help set up “one-stop service” centres at all police stations.

The move follows previous news that the fund to pay damages to individuals in criminal cases, set at Bt200 million this year, had run low and required replenishing. In a recent interview with The Nation, Narat put that scenario in a positive light, saying this meant the agency provided better coverage for victims.

Under the fund, victims in serious crimes such as rape or murder would be compensated Bt30,000 and Bt100,000 respectively, while those wrongly imprisoned will be granted Bt400 for each day spent behind bars as well as up to Bt30,000 in medical bills.

Narat said between 2008 and 2012, only 18 per cent of eligible victims had sought compensation.

However, after then-deputy police chief General Ake Angsananont issued a memo in November 2012 asking all police investigators to inform damaged persons about the fund, and the department’s proactive measures, the number of compensation requests rose to 38 per cent in 2013, Narat said.

So far this year, the agency has received 65-68 per cent requests and has already paid out Bt254 million in compensations, while another Bt84 million is pending for other eligible victims, he said.

The police and the military arrested a drug trafficker and seized about 20 mobile phones, drugs knives and other sharpened objects in a raid of Klong Prem central prison today (Wednesday).

The raid followed the recent arrest of two drug addicts, Natthakarn Poonsap and Mrs Nareerat Supanya who allegedly confessed to getting their drug supplies from Nattahwut Homchuen, aka Tao, who has been serving a life imprisonment in Klong Prem prison on drug trafficking charges. The arrest of the couple also led to a police sting operation which succeeding in capturing Damrong Kongsamnuan and the seizure of 2,596 methamphetamine tablets and 271 grammes of Ice worth altogether 870,000 baht.

Information extracted from the three led the police and the military to carry out a raid of Klong Prem prison where Tao is serving his life term. Extensive searches of prison cells and compound in the prison uncovered 20 cellphones, over 70 knives and sharpened objects and some ya ba.

Police alleged that Tao still carried on with drug trafficking operations from the prison using the cell phones to order his men outside the prison to carry out drug deliveries.

Mr Pathom Wongsuwan, the superintendent of Klong Prem central prison, said that it was near impossible to police every corner in the prision. However, he promised to step up security and to improve jamming system to cut off telephone signals in the prison.

Sixteen Pathum Thani prison inmates, mostly with head wounds, were taken to Pathum Thani Hospital yesterday after a brawl.

Prison deputy director Danai Yoopaniad said the prisoners had fought each other in a morning riot before guards intervened. Another argument among the brawl ringleaders led to more fighting in the afternoon, and more injuries, he said. The inmates who caused the fight would be sent to other prisons to prevent a re-occurrence, he added.

At the Trang Observation and Protection Centre, 30 youths burned and vandalised their sleeping quarters on Tuesday night after a staff member intervened in another fight and allegedly hit some of the |rioters. There are 68 youths at the centre.

The disgruntled youths then set off a blaze but firefighters put out the flames in 10 minutes.

As the youths continued to boo and vandalise the facility, 30 police and local administrative officials arrived to control the situation.

The protest was resolved just after midnight after the centre director took up the youths’ demands – the protesting youths were to be pardoned; the centre would launch a probe against the staff member who allegedly assaulted the brawling youths; and the welfare of juveniles would be improved.

The Justice Ministry plans to use money from the Justice Fund to seek bail for inmates remanded on petty charges to reduce prison overcrowding.

Deputy permanent secretary for justice Thawatchai Thaikhiew said the initiative, which is aimed at providing fairer justice and reducing prison populations, will be unveiled next week as part of commemorations to mark His Majesty the King’s 88th birthday on Dec 5.

He said the 120-million-baht fund will be used to secure bail for about 59,000 inmates facing minor charges such as gambling.

Most inmates are poor and cannot afford to put up bail so end up on remand in prisons. As a result, they are unable to work and take care of their families, Mr Thawatchai said.

The official said he would seek approval for the move from Justice Minister Paiboon Khumchaya and then write to Corrections Department chief Withaya Suriyawong, asking him to assess how many inmates would qualify to receive state-financed bail.

Not all inmates facing trial will qualify he said. They will be screened by the Corrections Department.

Apart from reducing prison overcrowding, the Justice Fund will help ensure inmates receive fair and proper treatment, Mr Thawatchai said.

If the fund can be used to secure the release of 10-20% of the country’s prison population, it will help enable wrongdoers to redeem themselves, he said.

About 70% of the prison population are incarcerated for drug-related offences. Most are drug users who were caught trading in small quantities.

Mr Thawatchai said he also wants to tap the fund to secure the release of detainees in juvenile detention centres to allow them to live with their families and rehabilitate themselves into society.

He said the bail scheme will be carried out in conjunction with a move to amend regulations allowing people involved in some legal cases to settle disputes out of court.

The Justice Ministry aims to forward these plans to the cabinet for consideration, he added.

Earlier this month Mr Witthaya said the country’s current prison population is 350,000. Prisons, however, only have capacity for about 200,000 inmates.

Mr Witthaya said the bail initiative will give poor and underprivileged offenders the opportunity to turn over a new leaf.

Help will go to those who have no money for bail but are detained during the pre-trial process, he said.

However, whether an inmate is granted bail depends on the court, which will determine if the detainee poses a flight risk or could intimidate witnesses, Mr Witthaya said.

Flawed government policies are partly to blame for prison overcrowding because some led to a rise in crime rates resulting in more offenders ending up in jail, he said.

Overcrowding has long been a problem the Corrections Department has tried to address, Mr Witthaya said.

Ongoing political instability since 2006 has resulted in criminal justice policies being overlooked, while no concerted effort has been made to handle the problems, he added.

The rising number of inmates has also seen an increase in the smuggling of prohibited items into prisons. Of particular concern to officials is the smuggling of mobile phones into correctional facilities that allow drug dealers to maintain contact with their networks and continue criminal activities behind bars.

In another attempt to tackle prison overcrowding, the Corrections Department earlier proposed amending regulations to allow for the early release of prisoners for good behaviour.

Justice Minister Paiboon Koomchaya has told prison chiefs nationwide it is their responsibility to stamp out the use of prohibited items, including drugs and mobile phones behind bars.

He was speaking after delivering a policy statement to commanders of 143 prisons nationwide yesterday.

Gen Paiboon said he still adhered to the same policy that every prison across the country must be free of all contraband.

“Even small amounts, say 1-2% of drugs or prohibited items are not allowed in jails. Prisons are not markets,” the minister said.

Prohibited items cannot be brought in to jails if stringent screenings are carried out, he said.

Gen Paiboon stressed that prison officers must do their jobs with integrity and if raids discover prohibited items, the chief of that prison must take responsibility.

“The smuggling of narcotics and mobile phones into prisons is still going on, and this is the problem the administrators [of prisons] must solve,” Gen Paiboon said. “They must make a full effort under huge pressure and expectation.”

Prime Minister Prayut Chan-o-cha has been informed of the problem of prisons being understaffed, with just 1,000 prison staff to cope with more than 300,000 detainees, Gen Paiboon said.

The proposal sent to the primer also includes a salary increase for prison staff and the improvement of high-security prisons.

Gen Paiboon ignored calls for the instalment of mobile phone jammers in prisons, saying his policy is clear in its aim to wipe out mobile phones behind bars.

“If by buying [mobile] jammers, would that mean officers intend to allow phones in the prison?” he said.

Addressing ways he intends to try and stop drug smuggling across borders, Gen Paiboon said a meeting of anti-drug bodies among Asean countries, plus Japan and South Korea, has been held to address the problem.

Citing the discussion, he said drugs are smuggled from Laos and Myanmar and their authorities have tried to solve the problem and suppress the traffickers.

However, their abilities are limited due to a budget shortfall, and that the Office of the Narcotics Control Board may have to help fund the operation under the Asean framework, though the funding may not be substantial.

As the premier will visit Myanmar next week, the relevant information could be discussed to iron out ways to tackle the problem sustainably, he said.

According to Gen Paiboon, as the Justice Ministry was assigned to handle the 196.7-billion-baht budget to tackle drug problems, it will call a meeting next week with every agency concerned, including the Education Ministry and Public Health Ministry, to sound out how the budget should be allocated.

Thailand holds thousands of migrant children in detention each year, causing them physical and emotional harm, Human Rights Watch said in a report released today. Child migrants and asylum seekers are unnecessarily held in squalid immigration facilities and police lock-ups due to their immigration status or that of their parents.

The 67-page report, “‘Two Years with No Moon’: Immigration Detention of Children in Thailand,” details how Thailand’s use of immigration detention violates children’s rights, risks their health and wellbeing, and imperils their development. The Thai government should stop detaining children on immigration grounds, Human Rights Watch said.

“Migrant children detained in Thailand are suffering needlessly in filthy, overcrowded cells without adequate nutrition, education, or exercise space,” said Alice Farmer, children’s rights researcher at Human Rights Watch and author of the report. “Detention lockup is no place for migrant children.”

Human Rights Watch interviewed 41 migrant children and 64 adults who had been detained, arrested, or otherwise affected by interactions with police and immigration officials. In addition, Human Rights Watch interviewed representatives of international and nongovernmental organizations, migrant community leaders, and lawyers.

Immigration detention practices in Thailand violate the rights of both adults and children, Human Rights Watch said. Migrants are often detained indefinitely, and they lack reliable mechanisms to appeal their deprivation of liberty. Indefinite detention without recourse to judicial review amounts to arbitrary detention, which is prohibited under international law.

Prolonged detention deprives children of the capacity to grow and thrive mentally and physically. Yanaal L., a migrant detained with his family in Bangkok’s immigration detention center for six months, told Human Rights Watch: “My [five-year-old] nephew asked, ‘How long will I stay?’ He asked, ‘Will I live the rest of my life here?’ I didn’t know what to say.”

The International Organization for Migration reports that there are approximately 375,000 migrant children in Thailand, including children of migrant workers from neighboring countries, and children who are refugees and seeking asylum. The largest group of child refugees living in Thailand are from Burma, many of whom fled with their families from Burmese army attacks in ethnic minority areas, and from sectarian violence against Rohingya Muslims in Arakan State. Other refugees are from Pakistan, Sri Lanka, Somalia, Syria and elsewhere.

Migrants from the neighboring countries of Burma, Cambodia, and Laos tend to spend a few days or weeks in detention after they are arrested and then are taken to the border to be formally deported or otherwise released. However, refugee families from non-contiguous countries face the choice of remaining locked up indefinitely with their children, waiting for months or years for the slim chance of resettlement in a third country, or paying for their return to their own country, where they fear persecution. They are left to languish indefinitely in what effectively amounts to debtors’ prison.

Immigration detention conditions in Thailand imperil children’s physical health, Human Rights Watch found. The children rarely get the nutrition or exercise they need. Parents described having to pay exorbitant prices for supplemental food smuggled from the outside to try to provide for their children’s nutritional needs. Immigration detention also harms children’s mental health by exacerbating previous traumas and contributing to lasting depression and anxiety. By failing to provide adequate nutrition and opportunities for exercise and play, Thai immigration authorities are violating fundamental rights enumerated in the Convention on the Rights of the Child, which Thailand has ratified.

Children in immigration detention in Thailand are routinely held with unrelated adults in violation of international law. They are regularly exposed to violence, and can get caught up in fights between detainees, use of force by guards, and sometime get physically hurt.

Severe overcrowding is a chronic problem in many of Thailand’s immigration detention centers. Children are crammed into packed cells, with poor ventilation and limited or no access to space for recreation. Human Rights Watch interviewed several children who described being confined in cells so crowded they had to sleep sitting up. Even where children have room to lie down, they routinely reported sleeping on tile or wood floors, without mattresses or blankets, surrounded by strange adults.

“The worst part was that you were trapped and stuck,” said Cindy Y., a migrant child held from ages 9 to 12. “I would look outside and see people walking around the neighborhood, and I would hope that would be me.”

None of the children Human Rights Watch interviewed received formal education while in detention, even those held for many months. By denying migrant or asylum-seeking children adequate education, Thai immigration authorities are depriving children of social and intellectual development. The Convention on the Rights of the Child says that all children have the right to education without discrimination on the basis of nationality or migrant status.

Under Thai law, all migrants with irregular immigration status, even children, can be arrested and detained. In 2013, the United Nations Committee on the Rights of the Child, the body of independent experts charged with interpreting the Convention on the Rights of the Child, has directed governments to “expeditiously and completely cease the detention of children on the basis of their immigration status,” asserting that such detention is never in the child’s best interest.

“Amid the current human rights crisis in Thailand, it is easy to ignore the plight of migrant children,” Farmer said. “But Thai authorities need to address this problem because it won’t just disappear on its own.”

Besides ending the detention of migrant children, Thailand should immediately adopt alternatives to detention that are being used effectively in other countries, such as open reception centers and conditional release programs. Such programs are cheaper than detention, respect children’s rights, and protect their future, Human Rights Watch said.

In an August 14, 2014 response to a letter from Human Rights Watch sending out findings and recommendations, the Thai Ministry of Foreign Affairs denied that the detention of migrants was carried out in an arbitrary manner, and stated: “Detention of some small number of migrant children in Thailand is not a result of the Government’s policies but rather the preference of their migrant parents themselves (family unity) and the logistical difficulties.” The government’s seven-page response is included in the report’s annex.

Thailand faces numerous migration challenges posed by its location and relative prosperity, and is entitled to control its borders, Human Rights Watch said. But it should do so in a way that upholds basic human rights, including the right to freedom from arbitrary detention, the right to family unity, and international minimum standards for conditions of detention.

“Thailand’s immigration detention policies make a mockery of government claims to protect children precisely because they put children at unnecessary risk,” Farmer said. “The sad thing is it’s been known for years that these poor detention conditions fall far short of international standards but the Thai government has done little or nothing to address them.”

Outside a century-old wooden house in Chiang Mai, tourists sit in the shade of trees waiting for a massage. When their number is called, they are greeted by a smiling officer before being lead into a communal room of masseuses.

There are surveillance cameras trained on all corners of the dimly lit room. This is more than a standard security procedure — all masseuses are inmates.

Naree*, previously an assistant nurse, has been in the Chiang Mai Women’s Correctional Institution for three years and 10 months, convicted for drug trafficking. Last year, she enlisted in the massage course offered by the prison’s vocational training centre. After rigorous training, Naree is now a certified masseuse.

“The sign in front says we are prisoners,” said Naree. “At first, customers may feel a bit tense around us. So, we asked them, ‘Does it hurt?’ and ‘Are you comfortable?’ and we would tell them, ‘You don’t have to worry. It’s not going to hurt.’ Then they start to smile and loosen up.”

Another inmate, Thida*, was charged with drug possession. She has been incarcerated for over two and a half years. Previously one of the masseuses, Thida now works in a cafe within the same facility.

“The guests do treat us honourably,” said Thida. “We’re prisoners, but they show courtesy towards us. I feel that they can sympathise with us. And they are generous with the tips, as well.”

The ex-bar owner added that she is planning to continue massaging and open a coffee shop when she is released.

The Chiang Mai Women’s Correctional Institution has offered a massage course for its inmates for a decade, as part of its rehabilitation and vocational training programme for convicted women, allowing them an easier transition to society.

After over 500 hours of practising and training, the ladies are able to offer their massage services to tourists at Ruean Pathammarong, the prison’s massage parlour. They receive a salary and share tips, which are often used as start-up money after their release. In a month, each inmate can make around 10,000 baht. Aside from massaging, the prison also offers courses in sewing, weaving and more practical skills. The massage course is the most popular, as it is a skill that requires little to no start-up cost.

Seventy percent of the inmates who have attended the course practice Thai massage as a profession. While it has proven to be a good business venture for many ex-convicts, prison staff also believes it has a therapeutic quality for both the giver and receiver.

“The art of massaging requires patience and gentleness. As they were once offenders, giving a massage helps bring out their gentleness. Their previous violent behaviour lessens. We monitor their behaviour from the time they begin the course until the day they leave, and we feel that they change emotionally,” said Suchaya Larmuang, professional social worker at the prison’s vocational training centre.

“Some prisoners have been imprisoned for too long, and this programme helps ease them back to the outside world. They also get to interact with different sorts of people, not just fellow prisoners, which will be necessary when they are released.”

Not all inmates can become masseuses at Ruean Pathammarong. To qualify, they have to be a first-time offender of a minor crime, with less than a year left of their sentence. They also have to be of good character and well-mannered. Their behaviour is taken into consideration before they are allowed to join the massage course.

On weekdays, each inmate masseuse must be ready at the prison by 6am. After undergoing a body and belongings search, they are transported to Ruean Pathammarong. They return to the prison before 6pm, where they are subjected to another search.

The next day, the routine carries on for other certified masseuses, the total number of which is close to 100.

There are usually 25 inmates working each day at the massage parlour and in the adjacent cafe on Rachwithi Road in Chiang Mai. Twenty act as masseuses, while another five serve drinks and cook food. Overseeing the facility are five prison guards.

A massage costs 180 baht per hour, and meals are reasonably priced. At Ruean Pathammarong, bookings are not available — only a daily waiting list. Guests must pay when they put their names on the list. According to staff, this is done to prevent no-shows.

This massage parlour has earned a strong reputation over the years, and has also been recognised internationally with a certificate of excellence from popular travel website TripAdvisor. Guests, however, are not allowed to take photos of the inmates.

Though the inmates work away from the correctional institution, they still have to observe all rules. Should they break any, such as quarrelling with one another or stealing tips, they could lose certain benefits such as visiting hours, access to prison activities and, in severe cases, the chance of receiving a pardon. All punishments are under the law and adhere to the rights of prisoners.

According to Suchaya, there have been no rule-breakers since the programme began.

“We also have to believe that they are ready to go out back into the public. Prisoners who could come out need to have less than one year left in their sentence. So we trust that they wouldn’t want to hurt themselves now that they’ve received this opportunity to serve the community,” said Suchaya.

The term “prison” has stark connotations, and most expect a prison’s massage centre to be gloomy and lifeless. But smiling faces are all around here, especially from the guards and inmates. The place is spotless and well-decorated, and the women are friendly. They refer to their guards either as “the boss” or “mother”. Without the sign in front — and without the staff uniforms — Ruean Pathammarong could pass for an ordinary spa.

“The massage was really good. The ladies were very professional. It was wonderful,” said Canadian tourist Hanna Perry, who learned of the service through a Lonely Planetguidebook.

Perry, a nurse on holiday, had visited the centre the day before, but appointments were fully booked. Due to her wish to support the programme, she returned the next morning for a massage. An hour later, she was serenely sipping herbal tea, feeling relaxed.

“I really like supporting programmes that help people learn skills,” said Perry. “I don’t know what they’ve been through, but I hope that once they’re released, they can get a job to support themselves. There’s so much potential for growth here.”

That morning, most guests were foreigners. There were barely any Thais, which may raise the question if Thai society is accepting of convicts — or ex-convicts after they return to society. Suchaya speculates that Thais have easy access to other spas and massage parlours, so they don’t feel the need to come here.

As for the inmates, while not totally confident of society’s reaction towards them, they still hope this new-found skill will help reshape their lives upon their release.

“My mother told me not to worry too much about society. If I can prove to them that I’m not reverting back to the same path, and if I can improve myself, my family still loves me. And that’s enough,” said Naree.

Writer: Melalin Mahavongtrakul