The Price of “Loss of Face”

This month I would like to relate two stories to you which highlight the breath taking incompetence of the Thai Justice System and its total disregard toward the welfare of prisoners in its care. The first involves a Taiwanese gentleman and prisoner of this building who for the purposes of this story we shall call Mr. Fang.

Mr. Fang was convicted on drugs charges in 1992 and sentenced to 50 years in prison. Since then he has benefited from two Royal Amnesties. The first Amnesty of one fifth brought his sentence down to 40 years. His second Amnesty of one sixth then reduced his sentence again to 33 years and 4 months remaining. A third Amnesty, again of one sixth, was awarded in June this year but it is not entirely certain if Mr. Fang benefited at all this time round because actually he should have been released last December after his application for a Royal Pardon was finally granted.

The Taiwanese, because of their long standing problems with their cousins from the mainland China, do not enjoy full diplomatic status here in Thailand and so there is neither an Embassy nor Ambassador to go with. Instead Taiwan’s relations with Thailand are overseen by their economic and cultural office based here in Bangkok. This means that Mr. Fang and other Taiwanese prisoners are not visited on a regular basis by their representatives like prisoners of other nationalities who have consulates here. Instead, any contact they wish to make with their Rep’s at the office must be made through the post here, often slow and completely at the mercy of Bangkwangs mail screening ‘Foreign Section’.

Mr. Fang submitted his petition for a Kings Pardon in 2003 having already served 11 years of his sentence. In December last year he was granted a Partial Pardon which stated that he was to serve a maximum of 12 years, whish by that time of course he had already exceeded by more than one year.

The Taiwanese economic and cultural office was informed of this good news via the department of corrections and was sent a copy of the relevant paperwork. They in turn contacted Mr. Fang’s family back in Taiwan to inform them that after 14 long years their son would at last be returning home. Naturally, Mr. Fang himself was also informed of his impending release by this office. Some 8 months later the champagne has still not been uncorked, his family is still waiting anxiously and Mr. Fang is still sharing Bangkwang building 6’s marvelous facilities with the other 852 of us.

Time and time again he has written to the authorities here to find out why he is still being held even though his release was ordered by his Majesty the King himself over 8 months ago. Each time he has been told that no such release papers have come to the prison from the department of corrections (whose H.Q. Building, incidentally, is 100 meters away from Bangkwang) If a paper authorizing his release comes, then he will be freed, but until then he, as far as they are concerned, still has 27 years and 10 months of his sentence remaining (minus the 14 years he has already served.)

Last week, MR. Fang, after many months of trying, obtained a copy of the original confirmation of Pardon paper that was sent to the Taiwanese Economic and Cultural Office by the department back in December 2005. He immediately took it to the building chief. Not everyone’s first choice when seeking official help. But the only man (and I can use that term loosely) who has the power to take a prisoners queries and concerns out of the confines of the building.

Mr. Fang, for the umpteenth time this year explained his predicament to the chief and showed him the Pardon Copy. The chief, unimpressed and shifting his weight a little in his high backed leather chair so the view of his morning TV favorites would not be impeded by Mr. Fangs head, quickly drew on his obviously pathetic imagination to come out with a ridiculous reason for Mr. Fangs continued presence in this prison.

“You see, you should forget all this nonsense. There’s obviously been a mistake by your Embassy and they’ve got you mixed up with another prisoner of the same name. There must have been another Mr. Fang from Taiwan and he’s already been released!”

This was blatant waffle as the last Taiwanese prisoner to be released went some 18 month prior to the approval of this Pardon. The chief never once made a move to lift the phone to try and help Mr. Fang solve this problem with the department. Neither did he put down the remote and pick up a pen to perhaps write a report on Mr. Fang’s behalf and send it out to someone who could deal with it. Incredulous as it sounds, that’s as far as Mr. Fang got and he was shown the door. The Thai equivalent of ‘OPRAH’ must have been due to come on the TV.

Neither the prison, nor the chief have received any kind of official documentation authoring Mr. Fangs release, that much is clear. But the fact that they are not prepared to get off their Arrses and do anything to help expedite Mr. Fangs freedom, even in the face of overwhelming evidence of his Pardon, from the department which he holds in copy form, is a true indicator of the contempt in which our gaolers hold all of us. It perhaps also gives you a clear picture of what we are up against when trying to resolve a myriad of different, but equally important problems with them. They are simply not interested in helping us in any way and indeed, in their culture, an officer seen to be taking the slightest interest in a prisoner (that doesn’t involve a payment or bribe to him) will be viewed as a weakness by his colleagues and thus he will suffer a ‘Loss of Face).

The chief’s failure to take up the baton for Mr. Fang is driven by the same motives and his attitude is an excellent example of how officers at all levels in this system, through to the top, defer to and protect their immediate superiors from any real decision making. Their deference to seniority ensures that a question that might embarrass through ignorance is never asked in the first place thus preserving the status quo. As far as the chief is concerned, any effort on his part to bring Mr. Fangs problem to a higher office within the system will be understood as passing a problem onto his superiors and cause a massive ‘Loss of Face’ for him and perceived weakening of his status amongst his colleagues. The only satisfactory way to rid himself of this problem is to ignore this prisoners pleas for help, continue spending his days watching daytime TV in his salubrious air conditioned surroundings and wait for instructions from those on high. After all, it is far more desirable for him to remain in his comfortable niche he’s carved out for himself than to risk everything by getting noticed assisting an insignificant prisoner to regain the freedom he is due.

The pure selfishness of this one officer is indicative of what makes this whole sorry system tick and should bring bile to the throat of any man with an ounce of compassion left in him. We can only wish the incredibly patient; time served Mr. Fang, Godspeed!!!!