Regulation on detention outside prison ‘not for any specific individual’

The Ministry of Justice and the Department of Corrections have clarified that the implementation of a regulation allowing detention outside prison was not designed to suit any specific individual.

The officials said the primary objective was to alleviate prison overcrowding.

Deputy spokesperson for the Department of Corrections Kanokwan Jiwchuaphan explained that the regulation was currently going through the public hearing process, which will continue until December 17. The feedback will be used to make adjustments. Once finalised, the director-general of the Department of Corrections will sign it into effect. 

If 90% of the feedback opposes the regulation, revisions may be necessary. However, if less than 20% oppose, significant changes may not be required, the official said..

When asked if self-exiled former prime minister Yingluck Shinawatra might qualify under this regulation, Somboon Muangklam, adviser to the minister of Justice, said that the criteria for the regulation had not been finalised.

"We did not design this regulation with any specific individual in mind. This announcement was made back in 2023, and the regulation followed accordingly. Admittedly, there is some scepticism about its purpose, but we can assure that it was not created for anyone in particular," said Somboon.

Kanokwan elaborated on the criteria for detention outside prison, stating that decisions would be based on the principles of penology, which relate to the administration of punishment. A committee will be responsible for the decision-making process. “This is not a privilege or to benefit the inmates but a measure for prison management, given the current high number of prisoners. The approach aligns with international standards adopted by many countries,” Kanokwan said. 

Transferring an inmate to an alternative detention facility is not a lenient arrangement — they must still adhere to strict rules and regulations. A risk assessment will be conducted by a prison-level committee before any decision is made about external detention, the official said..

When asked whether the regulation would be implemented by the first quarter of 2025 — coinciding with former prime minister Thaksin Shinawatra’s earlier comment that Yingluck might return around Songkran — Somboon remarked, "In my opinion, it’s possible, but there are procedural steps to follow. It’s not being done for any specific individual."

Regarding Yingluck’s potential return, Somboon said he was unaware of her plans and had only heard rumors. As for whether the regulation would be ready in time, he said: "I cannot say for sure, but it’s nearing completion."

When asked whether Yingluck, whose sentence exceeds four years, could serve her time under house detention immediately upon her return, Kanokwan explained that as her sentence exceeded four years, she would still need to serve some time in prison. However, the regulation is still under review and subject to amendments following public feedback.

When asked whether Yingluck might avoid imprisonment entirely, like her brother Thaksin, Somboon clarified that Thaksin did serve time. "Even though he stayed at the Police General Hospital, it is legally recognised as a form of detention," he asserted.