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