More than 560 inmates, most of them on death row, have been unshackled at the high-security Bang Khwang Central Prison in Nonthaburi.

Prime Minister Yingluck Shinawatra yesterday presided over a ceremony officially unshackling prisoners to improve inmate rights at the prison.

Corrections Department chief Suchart Wonganantachai said 563 prisoners have been unchained since the campaign started on Jan 23.

Of these, 513 inmates are on death row; 34 are serving life terms; and 16 are serving jail terms less than 50 years.

All prisoners across the country are expected to be unchained within three months.

Those unshackled include former gynaecologist Wisut Boonkasemsanti, who killed his wife and dissected her body in 2001; Maj Chalermchai Matchaklam, who was involved in the killing of a Yasothon governor in 2001; and former senator Sukum Cherdchuen who hired gunmen to murder a Chulalongkorn Hospital doctor in 1996. Dr Wisut said that he was delighted to be unshackled.

“Being chained made us feel like we were wicked animals and eroded our morale,” Dr Wisut said.

“Removing the shackles will not affect the warders’ ability to control inmates. On the contrary, it will make inmates more willing to cooperate.”

Dr Wisut said he was chained for four years. He still has 17 years and one month left to serve of his sentence.

An inmate was killed and a warder injured during an attempted breakout by five prisoners at the Thung Song district prison in Nakhon Si Thammarat province on Sunday.

Authorities said warder Somboon Sangseedam, 56, who was unarmed, was inspecting the prison’s furniture factory when he was taken hostage by Sirichai Petchsri, 28, an inmate convicted of drug and gun possession charges, who led four other prisoners in the escape attempt shortly before noon.

Pichit Wannajit, the prison commander, said Sirichai who was armed with a sharp metal object, grabbed Somboon’s neck from behind and threatened to stab him, while the others placed a monkey ladder against a four-metre wall to climb over. The ladder had apparently been prepared beforehand.

When prison guards rushed to the scene, Sirichai stabbed Somboon in the neck. The injured warder, however, managed to slip away. The inmate then rushed to the ladder to try to climb the wall but was shot by a guard armed with a shotgun. The other four inmates were arrested on the spot and charged with escape, resisting arrest and causing bodily harm to authorities.

Mr Somboon and Sirichai both were taken to Thung Song district hospital where the prisoner was pronounced dead, apparently from the gunshot wound. The warder’s condition was stable late Sunday evening, Mr Pichit said.

A Justice Ministry regulation which took effect on March 22 will allow some prisoners to be freed from jail early and to serve out the rest of their sentences within a limited area. They would wear electronic monitoring (EM) tags to ensure they comply with the geographical restrictions.

The ministry will press ahead with the regulation despite objections.

Justice Minister Pracha Promnok admits the policy is still a work in progress. He accepts it has not clearly defined which prisoners will be eligible, but insists the measure is necessary because of chronic inmate congestion at prisons nationwide. Thailand’s 143 prisons are designed to house 190,000 inmates, but there are currently about 260,000 people jailed around the country.

“Although the Department of Corrections plans to minimise jail terms and make the elderly and seriously ill exempt from imprisonment, not many people in these categories are currently in prison,” Wittaya Suriyawong, director of the Office of Justice Affairs, said.

The key objective behind releasing and tagging certain inmates is reducing overcrowding in jails, which suggests that the criteria for who can be released under the tagging scheme might have to be broadened.
Critics of the scheme have expressed fears over the prospect of serious offenders, such as drug convicts or violent criminals, being released back into society prematurely.

Others also suspect it could benefit political prisoners, and in particular could be a way to allow self-exiled former prime minister Thaksin Shinawatra to return to Thailand without serving the two-year prison sentence he received in 2008 for corruption offences.

Mr Wittaya, however, said such concerns are unfounded.

He said while the criteria for eligible inmates have not been confirmed, they could be interpreted under Section 89 of the Criminal Procedure Code.

Section 89 was amended in 2007 to allow some prisoners to complete sentences outside jail, provided they have spent at least a third of their terms behind bars.

This would render Thaksin ineligible because he has not spent any time in prison for his 2008 conviction.

Mr Wittaya said four main inmate groups would be most likely to be eligible. The first group is elderly or seriously ill convicts who would probably die in prison if they serve the whole of their sentences behind bars.

The second group are prisoners who need to take care of parents who would suffer as a result of their absence.

Inmates who require continuous medical care will also be considered, while the fourth group will be those who have grounds for reduced penalties, such as mental disorders and pregnancy.

Prisoners’ relatives can submit requests for EM release to the Department of Corrections, which will forward the requests to the sentencing court.

The decision on whether to tag and release each prisoner will rest with the court which handed down their jail terms.

Meanwhile, researchers are sceptical about whether EM will assist in the rehabilitation of offenders.

The EM tags are worn on convicts’ wrists or ankles, enabling authorities to check on their locations around the clock. The convicts will only be allowed to move within defined areas and may also be subject to curfews. They could be put back behind bars if they violate these conditions.

Research conducted by Chulalongkorn University’s political science lecturers Sumonthip Jitsawang and Thitiya Petmunee found the benefit of EM was that convicts’ whereabouts could be monitored at all times.

However, they also identified two potential drawbacks.

One is that people who live with or near the inmates may worry about there being a convicted criminal in their midst, which could stigmatise the offenders and damage their self-esteem.

The study analysed the use of EM in 18 countries, including the United States, Canada, the Netherlands, Sweden, France, Israel, Taiwan and Singapore.

It also surveyed Thais’ opinions about the regulation, and found almost half the respondents did not even know about EM technology.

The researchers stressed the need for transparency in the application of the policy, to avoid suspicion of corruption or bias based on the social status of convicts.

Angkhana Neelapaijit, director of the Justice for Peace Foundation, disagreed with EM, saying it does nothing to ensure the rehabilitation of inmates.

“The question is how the public benefits from this and whether people will feel safe with inmates outside bars,” Ms Angkhana said.

“Although the issue is said to be unrelated to politics, the government could grasp the opportunity to help its own political convicts while the public is still unaware of it,” she added.

Charnchao Chaiyanukij, deputy permanent secretary of the Justice Ministry, said clear guidelines on the regulation would be finalised in about a year.

Mr Charnchao said he did not think many EM devices would be procured, so the budget for purchasing them would not be large.

The Justice Ministry has yet to establish guidelines and criteria for the electronic monitoring of offenders as an alternative to imprisonment, he said yesterday.

A law which allows inmates who meet certain requirements to serve the rest of their terms outside prison has taken effect.

Released inmates would wear electronic tagging devices to allow authorities to monitor them. However, officials still have to address certain concerns before the electronic monitoring programme can be implemented, Pol Gen Pracha said.

Some people were concerned the programme will cover drug offenders or convicts who committed serious crimes.

He insisted the issue will be widely discussed before a decision is made.

Pol Gen Pracha dismissed criticism the programme was designed to accommodate political offenders.

Offenders eligible for the programme include those who may die if they remain imprisoned; those who need to take care of family members; those suffering from chronic illness and who require continuous medical treatment; and those who have grounds for a reduced punishment such as childbirth or a mental disorder, Pol Gen Pracha said.

Requests for early release under the electronic monitoring system will be decided by the courts, he said.

It will also lessen overcrowding in prisons, Pol Gen Pracha said. The 143 prisons nationwide are holding 260,000 prisoners. However the prison system is meant to accommodate 190,000 inmates.

Pol Gen Pracha said it is not known how much the programme will cost.

Charnchao Chaiyanukij, deputy justice permanent secretary, said the programme will apply only to offenders who have served at least one-third of their terms. “If they don’t meet this condition, forget it,” he said.

The Corrections Department said it was not ready to enforce the new law on electronic monitoring of offenders, which took effect last Friday, saying it had yet to acquire the devices while it also did not have alternative custodial facilities.

“Currently, the department does not have electronic monitoring devices to use with eligible offenders, nor alternative places for incarceration besides prisons,” Corrections Department deputy director Kobkiat Kasiwiwat said on Monday.

Under the new law, the court can order suspects who are in “pending trial” status to be placed in custodial facilities other than a prison, while other offenders can be placed under supervision with electronic monitoring upon their release.

It also covers first-time, well-behaved offenders who have served over one-third of their sentence with a remaining term of less than five years; offenders who could die if incarcerated; are sick and in need of continuous treatment; or must take care of parents, husband, wife or children who are dependant upon them.

Prison chiefs and wardens authorised under the regulation can seek permission from the court to place an offender in the electronic monitoring programme.

The most common forms of electronic monitoring devices, which are commonly known as “tagging”, are wrist bracelets and ankle bracelets.

Mr Kobkiat said he did not know yet how many inmates would be eligible for the new law.

He said the introduction of electronic monitoring devices, which brings the country’s criminal justice system into line with many first world countries, could effectively reduce prison populations.

He said the tagging devices were expensive and his agency could not procure them prior to the promulgation of the law.

“Although the law has taken effect, the Ministry of Justice and Corrections Department still have to carry out a feasibility study and come up with an effective procurement plan first. So we now neither have extra places [for custody] nor the control devices,” Mr Kobkiat said.

The Ministry of Justice has introduced the use of electronic monitoring of offenders, bringing the country’s criminal justice system into line with many first world countries, Post Today newspaper’s website reported on Sunday.

The ministry’s new regulation became law after it was published in the Royal Gazette on Friday, Post Today said.

The law was introduced after amendments to Section 89/2 of the 2007 Criminal Procedure Code which stipulates that the courts must find alternatives to custody to ensure that offenders remain in a designated place or do not enter proscribed areas by using electronic monitoring devices such as wrist bracelets and ankle bracelets. The bracelets allow authorities to continuously track them.

Prison chiefs and wardens authorised under the regulation can seek permission from the court to place an offender under an electronic monitoring programme. They are required to consider the following criteria before deciding to lodge a petition with the court:

1. Offenders who may die if incarcerated;

2. Offenders who must take care of parents, husband, wife or children who are dependant upon them;

3. Offenders who are sick and in need of continuous treatment;

4. Offenders who deserve mitigation and other means of custody.

Electronic monitoring, commonly known as “tagging”, was introduced in the 1980s in the United States, Canada, the United Kingdom and later in many other parts of the world in an effort to reduce prison populations. The most common forms of electronic monitoring are wrist bracelets and ankle bracelets.

Judges nationwide have decided to use the United Nations’ Bangkok Rules in court trials and be more lenient with pregnant convicts or new mothers. Thailand’s recent world ranking as the second highest in the number of female inmates suggests that Thai judges focus more on jail sentences rather than other alternatives.

hailand comes in after the United States.

Metha Thampanichawat, chief judge at the Appeals Court, said most Thai judges have decided to start applying the Bangkok Rules in their verdicts and are considering the background and circumstances of female defendants. He cited a case in which the defendant had a three-month-old child, so the judge decided not to put her behind bars.

Angkhaneung Lepnak, an official from the Corrections Department, said of the 107 prisons in Thailand, 99 housed both sexes and only eight were meant for just women.

She said female prisoners in ordinary prisons had little access to education, training or welfare, adding that the department was planning to set up at least one females-only prison per region.

It is also promoting alternatives to imprisonment during trial, especially for pregnant women or those with infants or bad health, she added.

These statements were made at an event yesterday initiated by HRH Princess Bajra Kitiyabha to unveil Participatory Action Research (PAR) on women’s prison reform to meet international standards and apply the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders, which is known as the Bangkok Rules.

This is the first time in Asia that PAR is being applied to the reform of women’s prisons and will extend to men’s prisons in the future.

The PAR was conducted as a pilot scheme at Ratchaburi Prison where officials were also trained to promote family ties (such as granting the inmates’ children visitation rights) as well as provide legal assistance and prepare prisoners for life after prison, deputy justice permanent secretary Charnchao Chaiyanukij said.

PAR team leader Napaporn Hawanont said the research aimed to change people’s mindset and the treatment of female prisoners, as well as ensure that prisons provide rehabilitation.

Prison officials will also be made to change their approach from a strict disciplinary one to one that allows inmates’ participation.

A riot broke out briefly yesterday morning at a prison in Samut Sakhon after an inmate was refused emergency treatment for chest pain and died of apparent cardiac arrest.

Angered at guards for ignoring their calls for help when Somchai Pheeranuwat collapsed at 2.30am and for leaving him in his cell unattended for four hours, some 50 occupants of Somchai’s block in Zone 4 were the first to cause a disturbance.

They covered their faces with clothes and shirts before destroying several surveillance cameras and a door.

This group, led by Kittisak Yordwong, also demanded the immediate transfer of a guard, Wiroj Chumchuenjit.

A team of 400 police and prison guards was mobilised and 50 of them remained on site even after the rioters negotiated with a group of guards they trusted and agreed to disperse.

Chief warden Sophon Yimpreecha said Kittisak was convicted for drug-related crimes and was unhappy with Wiroj’s strict discipline and constant monitoring of drug-dealing activities at the facility.

The prison and the Corrections Department would jointly decide on whether to punish Kittisak and the other protesters and how.

Somchai, 25, was serving a sentence of seven years and 15 months for drugs and firearms-related crimes. He was complaining about chest pain but the guards on duty did not immediately follow guidelines for health emergencies after hearing the cellmates’ calls.

The guards declined to take the sick man out of the Zone 4 cell until dawn, citing safety concerns and insufficient manpower during their night shift.

An autopsy will be ordered to determine the cause of death.

THE VISITOR’S EXPERIENCE

When it comes to unsolicited visits from strangers, most inmates at Bang Khwang are happy for the respite from the tedium of prison life, but not all welcome the attention.

”I’m like a zoo animal asked to perform for the paying public!” complained one Asian prisoner.

Likewise, a Hong Kong prisoner on death row became distraught once it became clear that he couldn’t communicate with his visitors who had assumed he could speak some English.

He had hoped that a friend or loved one had showed up for a visit and when it became clear that wasn’t the case, tears were shed on both sides of the double windows.

Some inmates are so ashamed of their situation that they don’t want their loved ones to see them, let alone strangers. However, most are grateful to have someone to talk to; it can offer a release of pent-up thoughts and a rewarding experience for both parties.

For foreigners lacking consular or NGO assistance, visiting an inmate can be confusing. Some take the express boat from Bangkok to Nonthaburi pier and ask for directions from there _ the prison dominates this part of town and isn’t hard to find. Others ride the MRT to Bang Sue and take a taxi the 10km from there.

According to the Corrections Department, King Rama V arranged to buy Nonthaburi land for a prison in 1902. Construction didn’t start until the reign of King Rama VI in 1927, however, finally being completed in 1931.

The facility houses those with appeals pending at the Appeal Court and the Supreme Court, those with sentences ranging from 25 years to life, and death row inmates.

The entrance of the prison is nondescript, almost decrepit.

The outside walls are 2,406m long, six metres high and one metre beneath the ground and are equipped with high voltage wires. Inside walls of each section are 1,298m long and six metres high, topped with barbed wire.

Large groups of female Buddhist visitors can be seen at times, as they make merit by praying by the prison’s walls. A shop and visitor processing building across the road have now disappeared and paperwork is done near the entrance. Visitors must arrive an hour in advance of the visitation slot, of which there are five or six a day.

Once past the gate visitors must deposit their phones, money and other personal effects. They then go through a metal detector, get patted down and enter a courtyard with seats lined in rows. Signs warn visitors to refrain from speaking in any language other than Thai, to only use the designated window and to stop speaking immediately when the bell sounds _ dictates that are routinely ignored by visitors and prisoners. The guards are not unfriendly, but many of the fans and telephones don’t work. You sit about 10m away from the prisoners, looking through two windows and speaking over a bad connection. Bells buzz intermittently until finally the line is cut off and you can only wave as the prisoner is led away.

On one of our visits a prisoner’s friend arrived in the same time slot as us; the guards sent us in together.

”We’re visiting the same prisoner?”

The friend gave a disapproving look. ”That’s who I’m visiting. I don’t know about you!”

It can be a testy jockeying for visitation privileges because under the rules inmates are allowed only one visit per day, two days a week. If a ”prison tourist” arrives earlier in the day than an important visit from a consulate, lawyer or family member who flew in from abroad, the rest are out of luck.

Australian retiree Ray Archer has been visiting prisoners for eight years and has found the experience to be rewarding. The 2,000 or 3,000 baht donations he occasionally makes to prisoners are tax deductible, which makes it an even more worthwhile cause.

Not all visits have been fruitful, Mr Archer said. Some inmates weren’t honest, or tried to prey on his sympathies to get money or favours, and at least one prisoner he visited over several years went back to drug dealing soon after his release.

In general, though, the visits have given him a fresh purpose in retirement and he petitions prison officials and NGOs at times to help improve conditions.

Bill Francis, retired from the US Air Force, first came to Thailand to help after the 2004 tsunami and he started visiting prisoners a few years ago through a British charity. He developed a deep friendship with one European prisoner, and was granted a face to face visit with him once a year. The prisoner was recently released, and while happy for him in his new freedom, Mr Francis was saddened to lose a close friend.

”There was a real affinity, even a physical resemblance,” he said.

He plans to visit his friend in Europe next year to see how he is coping with life on the outside. Meanwhile, he will continue to visit other prisoners.

THE CONSULAR VIEW

Although one British prisoner told us that UK government policies on transfers were ”all to the detriment of the prisoner”, a local consular official spoke to Spectrum about some of the positive initiatives undertaken by the embassy.

”We visit our British national detainees every eight weeks and provide consular assistance with their welfare issues,” he said. ”We also ensure that any funds that they are entitled to from Prisoners Abroad _ a UK-based charity _ or have received from their families or friends are given to them accordingly.”

He also explained the prison transfer agreement between the UK and Thailand. ”British detainees have to serve one third of their sentence or four years, whichever is less, before they are eligible for transfer. If this is a life sentence then they would be required to serve eight years before eligibility. Once transferred back to the UK, the sentence would be re-calibrated to fall in line with UK minimum sentence terms.”

He said that the conditions of local prisons can be challenging. ”There are always issues for foreign detainees in prisons in this part of the world. One of the big problems is that cells are shared by a number of people and beds are not provided, so the basic comforts that would be present in a British prison are simply not there. Food and medical facilities perhaps don’t match up to the level that they are in the UK.”

The official encouraged British nationals to visit their compatriots in local prisons.

”We run a prison visiting programme and visitors to the prisons help out in many ways, by providing reading materials, simply someone to talk to, or as a liaison between the detainee and family members and embassy. There are never enough voluntary visitors to go around for all of our detained British nationals, so [visits] would be appreciated, yes.”

A spokesperson from Australia’s Department of Foreign Affairs and Trade, told us that many Australians find that ”overseas laws and legal processes can be very different to those in Australia and harsh penalties can apply to actions that may not be considered a crime in Australia”.

”If an Australian detained overseas requests consular assistance,” she said, ”an Australian consular officer will visit the detainee as soon as possible … to provide welfare support and to closely monitor the health and well-being of the Australian in detention.”

Some prisoners are eligible for government loans in order to access ”supplementary food, medical assistance and other essentials that may not be routinely provided by a prison”. A prisoner transfer treaty with Thailand, administered by the Attorney-General’s Office, came into force in 2002.

A new programme bringing drastic changes to the notorious ‘Bangkok Hilton’ reduces prisoner privileges in the name of greater control. ‘Spectrum’ takes a look at current conditions through the eyes of past and present inmates and the people who visit them.

Bang Khwang Central Prison is undergoing a transformation under an initiative aimed at ridding the notorious “Bangkok Hilton” and eight other facilities of drugs and other contraband. The “White Prison” policy came into effect last May under new director Vasant Singkaselit. Under the policy, visitors have been banned from bringing food, clothes or other items for prisoners; even books are banned. Prisoners are allowed to meet visitors once a day for 45 minutes, up to two visits a week, while visitors can only seen one inmate per day. Inmate workshops have been cancelled, punishments have become harsher and access to help in case of medical or fire emergencies has been limited.

While some prisoners have reported that the drive has resulted in a safer environment with less drugs in circulation and fewer instances of shackling, most inmates as well as right activists say that officials are going overboard with enforcement.

They contend that the changes have been detrimental to prisoners, who already live in conditions that may contravene UN guidelines.

Spectrum spoke to past and present inmates, human rights workers and consular officials about the reality of life in Bang Khwang and what the White Prison initiative could mean for inmates.

While many prisoners and human rights workers agreed to speak about the conditions, most asked not to be identified. Rights workers who have very limited access now don’t want to be shut out altogether. Inmates say if they voice complaints they face retribution from guards, officials and even other prisoners.

One common fear is that the prison is ill-equipped for emergencies.

Previously, once prisoners were locked up after 3pm, “blue shirt” prisoners _ those perceived as less of a security threat _ were still allowed in the hallways and could report to guards if an inmate became ill at night and needed urgent attention or another emergency. Inmates are aware of what happened in Honduras last year, when a fire started in a prison and the keys weren’t found before more than 350 inmates died _ and worry about a similar occurrence here.

The official daily schedule begins with breakfast at 6am, vocational training or educational programmes before and after lunch at noon, dinner at 4.30pm, lock-up at 5.30pm and bedtime at 9pm. The reality at Bang Khwang is that prisoners are locked in their cells for around 15 hours a day. Those who get sick during this time receive no help until the next morning.

Prisoners are no longer allowed to work. The workshops _ once hives of crafts activities that helped inmates pass the time and earn a little money for essentials _ apparently became too profitable for the guards, who served as middlemen.

Prison officials have also justified the move saying that some classes used dangerous substances, such as paint thinner for furniture making.

It is much harder now to get face-to-face meetings for family visits, and White Prison volunteers take priority. These volunteers agree to searches in exchange for access to privileges.

Many prisoners complained about new “strict and ridiculous rules” and harsh punishments.

If a mobile phone is found in one cell and nobody takes responsibility, for example, everyone in the cell will have visitation and other privileges withheld.

Pressing concerns include severe overcrowding. As of Feb 1, there were 257,323 inmates in Thai detention facilities designed to accommodate 160,000. Bang Khwang’s 14 buildings house 3,863 prisoners, an improvement on the 8,000 it once squeezed in, but still beyond capacity.

The UN standard ratio of prison warders to prisoners is 1:5; in Thai prisons, the average is 1:20. The lack of warders has long meant an overemphasis on the shackling of prisoners and the use of weapons by warders to protect themselves, as well as an inefficient rehabilitation process for inmates.

There is no separation of inmates who are convicted and those still on trial, nor of violent and non-violent offenders. Activists say this breaches global standards.

Sleeping space and ventilation are insufficient, with prisoners lined side by side across the floor.

The light is on all night and many inmates have trouble sleeping, making them irritable and prone to lashing out.

According to a report by the Union for Civil Liberty, Bang Khwang has nearly 60 cells still used for solitary confinement _ even though these have been banned by law. The temperature in the cells can climb to excruciating levels and hygiene and health are serious concerns.

The food provided lacks nutrition. Those with money can still buy fresh ingredients and cook, but poor inmates have to rely on the food provided.

One serious issue, according to prisoners, is the lack of a licensed doctor at the prison. One doctor comes to treat sick inmates a few times a week. A dentist extracts teeth twice a year.

THE POOR SUFFER MORE

The worst off are often the Myanmar, Cambodian and Lao prisoners, who have little money or consular and legal help, and receive few visitors.

Some NGOs concentrate on trying to help groups that have fewer prospects for fair treatment. One organisation used to visit 400 poor Thai and foreign prisoners a month, but this is no longer possible, said one of five employees who makes such trips.

“Under the changes in regulations, each one of us can visit only one prisoner a day,” she said. “So we’d have to spend four months to cover everyone. But we also need to visit many other prisons, so we can’t help as many people as we used to.”

She acknowledges some positive aspects of the changes, including better safety.”Since the authorities changed the rules, the place is cleaner and more peaceful, with less fighting and less fear inside the prison. Some gangs have disbanded or taken a lower profile.”

She said some prisoners deal with their situation better than others because they have some money, supportive family members or friends, or are just better suited temperamentally to deal with adversity. Positivity is a crucial attribute for prisoners, she said, both in adapting to prison life and after release.

DOUBLE STANDARDS

Spectrum talked to another NGO worker who has been visiting Bang Khwang over the past two years and spoken to dozens of prisoners, some of whom she described as “very talkative”, and others as “quite shy”.

She related one story at Bang Khwang that she feels is touching on a personal level but also indicative of a broader malaise.

“There is a security detainee from the deep South, very polite and shy. He was arrested in 2004 when there were several attacks at police stations and security checkpoints in the South. He was found at the scene seriously injured. He told me he was hired for 300 baht to drive a pickup to transport rubber plantation workers and didn’t know that his employer was planning an attack.

“The first two courts sentenced him to death and the Supreme Court commuted it to life imprisonment. For six years he had to wear almost six kilogrammes of leg shackles. He has to make a living in prison by offering laundry service to rich inmates.”

She later travelled to the South to verify the inmate’s story, and after speaking to his family she is convinced of his innocence.

“They are very poor, and had to struggle against prejudice through the whole judicial process,” she said of the family, who felt the judge “had already decided that he was an insurgent”.

His wife can now only earn a small salary and their six children are scattered about trying to get an education.

“When I hear his story and compare it to some well known politicians or their family members who were arrested and treated differently, that’s when I see a clearer picture of the justice system in Thailand.” Double standards in the justice and corrections systems are not improving, she added.

“The rich can easily get out of serving long sentences. Even inside the prison, money is a ticket to better conditions. You can order almost everything from outside if you have enough money … Corruption and bribes are common.”

Prisoners who acknowledged and described their own crimes to Spectrum said that many of their cellmates were undeniably innocent _ sentenced by association or as scapegoats.

Thailand follows two sets of international standards to protect the rights of people deprived of liberty: the Standard Minimum Rules for the Treatment of Prisoners, 1977; and the Standard Minimum Rules for the Treatment of Female Prisoners and Non-Custodial Measures for Women Offenders. The Corrections Department has stated that prisoners’ treatment should follow these standards.

”In many cases,” the rights worker said, ”the treatments have fallen below these standards.”

Permanent shackles fastened on to death row prisoners in Bang Khwang were removed in January this year, but prisoners have to wear leg irons during transport, at the prison hospital and in court.

Those who have chronic health problems should be given regular check-ups and effective treatment, said the rights worker, adding that there should be better protective measures to prevent the spread of TB and pneumonia.

If an inmate becomes ill after the cell is locked, he has to wait until the next morning for the guard to bring him to see the doctor. This was what happened to Amphon Tangnoppakul, or ”Uncle SMS”, a prominent lese-majeste prisoner who died in custody at Bangkok Remand Prison last year; he received no treatment because the clinic was closed on weekends and holidays.

One prisoner said he got into trouble with officials after complaining to rights workers about his worsening respiratory problems.

Another health-related issue is that many prisoners suffer from undiagnosed mental health disorders. No regular tests or check-ups are provided. Foreign inmates can ask for a psychiatrist, but only through their embassy, a request that is so complicated and time-consuming that most inmates don’t bother.

DEMONS, ‘DRAGONS AND BUTTERFLIES’

Although he also served time in four other prisons around the capital, South African Alexander ”Shani” Krebs served 16 and a half of his 18 year sentence in Bang Khwang, making him at the time of his release last year its longest serving Western prisoner. He was caught in 1994 trying to smuggle 1.2kg of heroin out of Thailand, and his death penalty was reduced to 50 years, then life, after which pardons eventually reduced his sentence to under 20 years. South Africa lacks a prisoner transfer agreement with Thailand, so unlike most Western prisoners he had to serve the entirety of his sentence in the Kingdom until his May release and deportation. We contacted him in Johannesburg last week to see how he was coping with life on the outside. He admitted it has been a struggle to adapt.

”I’m finding it difficult to fit in with family life and society in general,” he said. ”I’m more of a Thai than a foreigner and I’m still in a prison mindset. I have a lot of demons and struggle to sleep at night. Psychologically there is some damage. Otherwise I’m happy to be free and take it one day at a time.”

In a previous interview he told us that conditions in Bang Khwang were not quite as bad as portrayed in the Western media _ such as in Warren Fellows’ memoir The Damage Done, or the films Bangkok Hilton (1989) or Brokedown Palace (1999).

”At first when you come in the conditions seem inhumane because it’s like nothing you’ve ever experienced,” he said, ”but with time you tend to adapt.”

Nevertheless, he said he spent two six-month stints in solitary confinement, witnessed fighting, corruption and murder, and petitioned the authorities to alleviate overcrowding and introduce clean water into Building 2, which housed many of the foreigners at the time. Conditions did slightly improve during his years as a prisoner.

He developed an artistic talent behind bars, something he was grateful to the prison authorities for tolerating. His drawings and paintings, displayed by his family in Johannesburg and online, earned him international recognition during his later years as a prisoner. Since his release, he has sold a few pieces and been commissioned to do a few portraits, and there are talks about a potential exhibition. The income is not enough to make a living on, though.

”At the moment my primary focus is my book Dragons & Butterflies, which should be published by August this year,” he said. The title refers to the contrasting aspects of his personality. ”I’ve also done several talks at schools trying to educate the kids and bring a greater awareness about the consequences of drug abuse and trafficking.”

Despite the ongoing struggles to readjust to home life, he bears no grudges.

”For me my prison experience will always remain a positive one. I’m grateful for having got a second chance in life and Thai prison afforded me this opportunity. I’ve been drug free for over 17 years now and I can try to make a difference to others, hoping that they will learn from my mistakes.”

When asked about improving prison conditions, he said foreigners shouldn’t be singled out for special privileges _ conditions should be improved for all inmates equally.

Ultimately, he said, he would like to see a more just and fair judiciary with sentences imposed more in proportion to the severity of the crime.

”I would also like to see the death penalty abolished and for Thailand to stop human rights violations.”

COPING MECHANISMS

Some who serve their term at the ”Big Tiger”, as Bang Khwang is sometimes called, remain broken or scarred by their experiences, but others have overcome their sentences to achieve meaningful lives. One European prisoner, three weeks before his release from a life sentence for drug trafficking, told us that the population of Westerners in Bang Khwang has been declining for years, as the old-timers get released and fewer are taking their place.

”They’re just not doing such stupid things any more,” he said.

He had been down and out at the time of his crime, he said, pondering suicide to escape his debts, and in an Amsterdam pub someone offered him a holiday and a job. He had a bad feeling about it from the beginning, all the way until the metal detector went off and he was arrested at Don Mueang airport for trying to smuggle 800g of heroin.

”I was arrested for stupidity,” he said.

While he admits his guilt, he said his 15 years in Bang Khwang have been an extreme punishment out of proportion to the crime. The conditions, at times, have been brutal, he said. During his incarceration his partner died, his mother had a stroke and his son grew up without knowing his father.

He found various ways to cope, however. Petitioning the embassy for help was so infuriating it helped focus him, he said. He studied up on the law and the legal situation as it related to different nationalities. Americans and Scandinavians, for example, can serve under five years before being transferred, after which they’re released after a few months, he said.

And he tried to stay out of trouble, able to live in the same cell for over a decade. ”Moving cells or prisons is as much of a hassle as moving house in the real world.”

Directors have come and gone, policies have changed, but one thing he learned, he said, was never to volunteer for anything such as the new White Prison policy. He said the changes have made conditions worse, and he is being released just in time. ”The White Prison policy is a way for the new director to take away rights and privileges.”

The hardest aspect of imprisonment here, he said, is that no one knows their exact release date.

He spoke of his nervousness about re-entering the world. Consular assistance ends once he’s on home soil. His country has changed during his time in prison, and he doesn’t know how he’ll be able to adapt. Some elements of his life, though, will be the same.

”I was broke, jobless and homeless when I got here,” he said. ”And that’s what I’ll be when I go home.”