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An Evaluation of the Systems for Handling Police Complaints in Thailand

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An Evaluation of the Systems for Handling Police Complaints in Thailand AN EVALUATION OF THE SYSTEMS FOR HANDLING POLICE COMPLAINTS IN THAILAND by DHIYATHAD PRATEEPPORNNARONG A thesis submitted to the University of Birmingham for the degree of DOCTOR OF PHILOSOPHY College of Arts and Law School of Law University of Birmingham February 2016 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. ABSTRACT This thesis, based on empirical evidence and documentary analysis, critically evaluates the systems under the regulatory oversight of the Royal Thai Police (RTP), the Office of the Ombudsman, the National Human Rights Commission (NHRC) and the National Anti- Corruption Commission (NACC) in respect of the handling of police complaints. Comparisons will be drawn from the system under the control of the Independent Police Complaints Commission (IPCC) in England and Wales in order to provide alternative perspectives to the Thai police complaints system. This thesis proposes a civilian control model of a police complaints system as a key reform measure to instill public confidence in the handling of complaints in Thailand. Additional measures ranging from sufficient power and resources, complainants‘ involvement, securing transparency and maintaining police faith in the system are also recommended to enhance the proposed system. DEDICATION To victims of police malpractice. ACKNOWLEDGEMENTS An evaluation of the systems for handling police complaints in Thailand is an ambitious research project for a sole PhD student. It has been greatly facilitated by the valuable contributions from experts as well as a number of public bodies in Thailand and England. I am much obliged to Professor Richard Young for his hard work and dedication to the supervision of my thesis; I also greatly admire his friendliness and his sense of humour. I would also like to express my gratitude to Professor Andrew Sanders, Head of Law, Politics and Sociology, University of Sussex, for his practical advice and his optimism about my potential for completing a PhD. I would also like to express my gratitude to Associate Professor Tippawan Lorsuwannarat, a former Dean of the Graduate School of Public Administration, National Institute of Development Administration (NIDA), for her support and assistance throughout my time as a postgraduate student in England. Thank you to the Office of the Higher Education Commission (Thailand), the Office of Educational Affairs – the Royal Thai Embassy, College of Arts and Law, School of Law, University of Birmingham, for the financial and other practical support. Above all, thank you to the complaints authorities and the police force areas which provided research access as well as all the research participants for their cooperation and generosity. Last but not least, grateful thanks are also due to my parents, my aunt and my wife; my determination to pursue a doctoral degree has become a reality because of your selfless sacrifice and overwhelming support. TABLE OF CONTENTS CHAPTER 1: POLICE MALPRACTICE AND THE COMPLAINTS SYSTEMS IN THAILAND ............................................................... 1 I. Introduction ..................................................................................................................... 1 II. Background to Police Malpractice in Thailand ............................................................. 1 Thai Police in the Human Rights Era .......................................................................... 4 III. Thailand and the Royal Thai Police ............................................................................. 8 A Short Introduction to Thailand ................................................................................. 9 A History of the Thai Police ........................................................................................ 11 The Modern Police Organisation – the Royal Thai Police ........................................ 13 IV. Independent Complaints Authorities ......................................................................... 17 The Office of the Ombudsman .................................................................................... 18 The National Human Rights Commission ................................................................. 19 The National Anti-Corruption Commission ............................................................... 21 V. The Statutory Functions of the Complaints Bodies and their Capacity to Handle Police Complaints ............................................................................................................ 23 VI. An Overview of the Research .................................................................................... 27 Research Question ....................................................................................................... 27 Aims and Objectives ..................................................................................................... 28 The Scope of the Study ................................................................................................ 28 The Significance of the Research ............................................................................... 30 The Organisation of the Thesis ................................................................................... 30 CHAPTER 2: RESEARCH DESIGN .................................................................................. 32 I. Introduction ................................................................................................................... 32 II. Proposed Design .......................................................................................................... 32 III. Research Methodology ............................................................................................... 36 Data Collection Methods ............................................................................................. 39 Sampling ...................................................................................................................... 46 Sample Size in Empirical Research .......................................................................... 49 IV. Ethical Considerations ............................................................................................... 51 V. Arranging the Research Fieldwork .............................................................................. 54 VI. Research Limitations .................................................................................................. 57 VII. Data Analysis ............................................................................................................ 68 VIII. Conclusion ............................................................................................................... 70 CHAPTER 3: INTERNAL POLICE COMPLAINTS SYSTEMS.................................... 71 I. Introduction ................................................................................................................... 71 II. Police Malpractice – The Scale and the Connection with Politics .............................. 72 The Scale of Police Malpractice .................................................................................. 72 Police Malpractice in a Modern Political Context ..................................................... 80 III. Internal Police Complaints Systems ........................................................................... 85 Complaints at Local Level ........................................................................................... 87 Complaints at National Level ...................................................................................... 91 IV. Critical Discussion on Internal Police Complaints Systems ...................................... 93 Issues around Public Confidence in the RTP Complaints System ............................ 94 Impartiality in a Local Complaints System ................................................................ 102 Issues around a Complaints System at National Level ............................................. 118 V. Root Causes of a Lack of Impartiality ........................................................................ 122 Patronage System in the RTP ..................................................................................... 122 The Authoritarian Attitude towards Law Enforcement ............................................ 127 VI. Conclusion................................................................................................................. 128 CHAPTER 4: EXTERNAL POLICE COMPLAINTS SYSTEMS ................................ 130 I. Introduction .................................................................................................................. 130 II. External Complaints Systems ..................................................................................... 131 Reflection on the Thai Independent Watchdog Bodies in Addressing Police Complaints .....................................................................................................................
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