Globalization and Restorative Justice: in the Thai Criminal
Justice System
Jutharat Ua-amnoey*
Fifth and finally, the reform process
was sparked by the first criminal justice academic forum supported by
the Thailand Research Fund (TRF). The topic was Crisis Justice System
and Innovation in Administration and Treatment of Offenders on 18 September,
1998, in Bangkok. The organizer was Kittipong Kittayarak, This first
social movement in the criminal justice regime is very renowned and
has gained a great deal support in its bid to reform the criminal justice
system. The ten other forums for developing the criminal justice system
were successfully given throughout the whole two year period, but by
January 2000 the discussion again came back to the topic of "Prison
Overcrowding: Criminal Justice crisis which must be solved!"
This crisis situation is now at its most critical.
Lucky however, the Cabinet's resolution of 10 July 2001 specified detailed
guidelines on how to reduce case backlogs and overcrowding. "The
so-called July 10 Resolution recommended several non-custodial and community-based
treatment measures that will serve as a road map for future trends in
the development of community-based and non-custodial treatment measures
in Thailand." (Kittipong Kittayarak and Jutharat Ua-amnoey, 2003,
p. 3-4).
This is the manner of social movements in criminal
justice reform and the way in which the government took action to solve
this crisis.
The Rising of "Restorative Justice"
in Thai Society
In 1995, the change agents, the representative for the Thai
criminal justice offices, was Kittipong Kittayarak, Director General
of the Department of Probation, Ministry of Justice, Kittipong was the
Thai representative who attended the Ninth UN Crime Congress and who
adopted the idea of restorative justice from that forum.
After that, at the seminar on "Strategies on the
Thai Criminal Justice Systems Reform " in October 2000, Kittipong
translates "restorative justice" into Thai: "Karboonkarn
Yuttitham Chung Samannachun. " Kittipong explained that he is concerned
with the concept of restorative justice and with the desired outcome
of this ideal, social harmony, so his translation of "restorative
justice" incorporated the aim of this ideal (Kittipong Kittayarak,
Interview, 1 March 2004). One year later, in 2001, Kittipong Kittayarak,
joind the UN Expert Group Meeting on Restorative Justice in Canada and
acted as Rapporteur. After he returned to Thailand, he launched the
first Restorative Justice Seminar in Bangkok named "Restorative
Justice: Alternative to Criminal Justice System" on 16 January
2002. That seminar served as the grand debut of "restorative justice"
in Thai society as Her Royal Highness Princess Bhajarakittiyapa kindly
attended, as did Pol. Lt. Col Dr. Thaksin Shinawatra, the Prime Minister,
a number of Justices, some high ranking officers from the criminal justice
system, and another guests.
The Movement's Network Strategies for Restorative
Justice in Thai Society
Thailand Legal Systems Development Project, the Thailand Research Funds
(TRF), and the networks that Kittipong Kittayarak, the coordinator of
the project, developed have been at the core of activating academic
activities and stimulating the development of the criminal justice system
from 1999 to the present. Theses groups have also been largely responsible
for the promotion of the concept of restorative justice.
The main strategy in approaching, lobbying for and
disseminating the idea of restorative justice to Thai scholars, officers,
citizens was through a series of academic forums. So, after restorative
justice had been formally introduced in 2002, the Association for the
Promotion of the Status of Women Under the Royal Patronage of H.R.H.
Princess Soamsawali organized a series of forums including "Restorative
Justice .for Domestic Violence and the
Possibility in Thai Society. " These forums allowed all participants
to share their attitudes, exchange knowledge bases in criminal justice,
find out may research questions, and build alternative conceptual frameworks
that had never before been given a series of forums like this.
The pocketbook series of "Strategies on the Thai
Criminal Justice System 's Reform, " volumes 1-4, is the second
strategy of
this public awareness movement. The third volume of the series was
titled, "Restorative Justice: Alternative to Criminal Justice System
" and was distributed all around the country to publicize the blossoming
idea of social harmony in Thailand.