Pubdate: Sun, 02 Mar 2003 Source: Nation, The (Thailand) Section: Watchdog Copyright: 2003 Nation Multimedia Group Contact: 66-2-317-2071 Website: http://www.nationmultimedia.com/ Details: http://www.mapinc.org/media/1963 Author: Nophakhun Limsamarnphun, The Nation NEED FOR SPECIAL COURT IN WAR AGAINST NARCOTICS A special court of law on narcotic offences has emerged as an urgent necessity to sustain the Thaksin government's war on drugs after more than 1,100 people have been killed in the past one month. Such a court as first suggested by privy councillor Pichit Kunlavanich would establish a new legal foundation for the long-haul fight after the three-month war ends in April. So far, the government has defended its policy by arguing that only a small number of those killed were regarded as extra-judicial killings by police to protect their own lives while the rest of the crimes were committed by members of drug-trafficking networks wanting to silence fellow members and drug peddlers who have reported themselves to authorities. The prime minister, meanwhile, has ordered the set-up of four independent panels to review the performance of all parties concerned in the war on drugs. These bodies, which will have no police and Interior Ministry officials as members, will investigate whether police and other officials have performed their tasks within the limits of the law. Those who have violated the law will be subject to punishment while former drug peddlers who have turned themselves in will be given state protection in order to minimise the widespread killings among themselves. According to the government, 1,140 drug dealers and traffickers were killed by members of their own networks from February 1 to February 26. During this period, 13,200 suspects were also arrested by authorities and 17 were killed in extra-judicial cases. Justice Minister Pongthep Thepkanjana said the government will pursue its legal action against those involving in the killings of fellow drug peddlers and traffickers. Of those killed in the past one month, only some 20 cases are extra-judicial killings, according to Pongthep. As a result, the rest of cases will have to be investigated by authorities for further legal action. As of Thursday, more than 900 bodies have yet to be autopsied. The huge number of killings in just one month underlines the magnitude of drug problems in the country and it is unlikely that a three-month war will suffice to solve these problems in the long run. By now, most drug peddlers and traffickers who are still alive will have gone into hiding and will probably re-surface once the immediate threat to their lives is over. In addition, the price of methamphetamine, or ya ba, will have gone through the roof as a result of the government's offensive. This means other alternatives to ya ba, such as chemical glues, may emerge even after ya ba itself is uprooted. Despite severe criticisms by human rights workers and certain justice authorities, including the United Nations Commission on Human Rights, the government's ongoing offensive shows at least one merit: a strong willpower by the administration to stamp out deep-seated drug abuse. The consequences, if un-checked, are hard to justify and, therefore, it is in the administration's interest to push for the establishment of a special court of law to handle judicial decisions on all narcotic-related cases, including those alleged killings among drug peddlers and traffickers themselves. The proposed court needs to have special characteristics in order to be effective in dealing with drugs and related issues. For instance, judicial procedures should be streamlined so that verdicts on drug cases could be delivered within one year as suggested by privy councillor Pichit, and there is probably no need for a court of appeals or a higher court. The existence of such a court will definitely re-assure the Thai public as well as the international community that the government is not complacent and is doing its best to minimise the costs of the nation's war on drugs whose benefits are undoubtedly significant to the long-term well-being of all Thai citizens. As for the extra-judicial killings by police, it is imperative for the administration to get the newly-established Special Crime Investigation Department (SCID) working as soon as possible to serve as a check and balance to the national police force. The department, which comes under the Justice Ministry's jurisdiction and is awaiting a budgetary allocation, will provide another reassurance to the public that police performance is also being watched by counterparts at the Justice Ministry. Nophakhun Limsamarnphun The Nation - --- MAP posted-by: Jo-D