Thailand's slow, outdated and inefficient justice system needs a top-to-bottom overhaul as part of the country's reform process, says former attorney-general Kanit Na Nakhon.
Currently there were more than 20,000 cases pending in the country's courts, Dr Kanit said on Saturday at a Thammasat University forum. Unnecessary and useless procedures must be eradicated to enable trials to proceed quickly and ensure proper law enforcement, he added.
Reforms of justice administration, he said, should aim to provide more effective and faster results as well as reduce administrative costs for both the state and citizens involved in the judicial process.
Dr Kanit said the current problems stemmed from two main reasons: the courts of justice were too complacent about their work and they did not understand the nature of the public prosecution system and investigative procedures.
If the courts performed their duties properly as set out in the law, other bodies would not be necessary, said the Law Reform Commission chairman and former member of the now-defunct Truth for Reconciliation Commission (TRC).
The National Anti-Corruption Commission (NACC) and the Supreme Court's Criminal Division for Holders of Political Positions were established mainly because the courts weren't doing what they were supposed to do, he said.
The formation of the NACC was a wasteful exercise, he said, since the Office of The Attorney General was already duty-bound to do the commission's work. He also questioned who would be responsible for NACC cases on which the statute of limitations had expired.
Discussing the investigation process, Dr Kanit said there was a lack of collaboration among police, prosecutors and the Department of Special Investigation (DSI).
He also noted that the Supreme Court in Thailand was the only court of its kind in the world that still felt obliged to review the facts of cases brought before it. The highest courts in other countries review only the legal aspects of cases that have been dealt with by lower courts. Prosecutors must do more to screen cases, not just send them to the courts, Dr Kanit added.
The forum on justice system reform at the Tha Phra Chan main campus of Thammasat University was held to commemorate the university’s 80th anniversary.