| 80 |
Is the law enforcement agency (i.e. the police) effective? |
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80a:
In practice, appointments to the law enforcement agency (or agencies) are made according to professional criteria.
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| Score: |
100 |
75 |
50 |
25 |
0 |
 |
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Comments: There are loopholes. Patronage is the key for promotion in the police department.
References: Telephone interview with Wuthikai Jaturongsereekul, an investigator at Bang Plad Police station, Sept. 23, 2007
Telephone interview with Noppadol Themmatha, a police officer at Bang Yeekan Police station, Sept. 12, 2007
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80b:
In practice, the law enforcement agency (or agencies) has a budget sufficient to carry out its mandate.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The budget is not sufficient. Not only does the agency have a limited budget, but it also has to find the sponsors to fulfill its basic mandate. (This information given by a policeman).
References: Telephone interview with Wuthikai Jaturongsereekul, an investigator at Bang Plad Police station, Sept. 23, 2007
Telephone interview with Noppadol Themmatha, a police officer at Bang Yeekan Police station, Sept. 12, 2007
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80c:
In practice, the law enforcement agency is protected from political interference.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: A political executive has the power to appoint law enforcement officials.
References: Telephone interview with Wuthikai Jaturongsereekul, an investigator at Bang Plad Police station, Sept. 23, 2007
Noppadol Themmatha, a police officer at Bang Yeekan Police station, Sept. 12, 2007
Peer Review Comments: Political interference with the police is a regular occurrence.
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| 81 |
Can law enforcement officials be held accountable for their actions? |
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81a:
In law, there is an independent mechanism for citizens to complain about police action.
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| Score: |
YES |
NO |
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Comments:
References: The National Counter Corruption Commission of Thailand The Administrative Court of Thailand The Court of Justice
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81b:
In practice, the independent law enforcement complaint reporting mechanism responds to citizen's complaints within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: It varies from case to case. Cases that receive publicity will be dealt with more promptly than others. Cases involving powerful figures will also be given special attention by the law enforcement officials.
References: Telephone interview with Wuthikai Jaturongsereekul, an investigator at Bang Plad Police station, Sept. 23 2007
Telephone interview with Noppadol Themmatha, a police officer at Bang Yeekan Police station, Sept. 12, 2007
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81c:
In law, there is an agency/entity to investigate and prosecute corruption committed by law enforcement officials.
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| Score: |
YES |
NO |
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Comments:
References: The Nation Counter Corruption Commission of Thailand.
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81d:
In practice, when necessary, the agency/entity independently initiates investigations into allegations of corruption by law enforcement officials.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: See Thailand's Procedural Penal Code.
References: Telephone interview with Wuthikai Jaturongsereekul, an investigator at Bang Plad Police station, Sept. 23, 2007
Noppadol Themmatha, a police officer at Bang Yeekan Police station, Sept. 12, 2007
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81e:
In law, law enforcement officials are not immune from criminal proceedings.
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| Score: |
YES |
NO |
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Comments:
References: The Procedural Penal Code, Section 157
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81f:
In practice, law enforcement officials are not immune from criminal proceedings.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: An ordinary person will be reluctant to sue a law enforcement official.
References: Telephone interview with Noppadol Themmatha, a police officer at Bang Yeekan Police station. Nov. 5 2007
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